A couple of weeks ago, the Democratic Senator from California, Diane Feinstein, brought the public’s attention a letter accusing Supreme Court nominee Brett Kavanaugh of attempted rape. According to the letter, an intoxicated Kavanaugh, then a seventeen-year-old high school student in Maryland, had pinned a fifteen-year-old girl – later identified as Christine Blasey Ford – down on a bed at a party, groped her, and attempted to remove her clothing. Kavanaugh covered her mouth to prevent her from screaming. The encounter ended when another man, Mike Judge, jumped on them. Ford claims to have been in fear for her life.
Both Brett Kavanaugh and Mike Judge have strongly denied the allegations that have been made against them. Kavanaugh indicated his willingness to testify in front of the Senate Judiciary Committee and stated that:
“This is a completely false allegation. I have never done anything like what the accuser describes – to her or to anyone. Because this never happened, I had no idea who was making this accusation until she identified herself yesterday. I am willing to talk to the Senate Judiciary Committee in any way the Committee deems appropriate to refute this false allegation, from thirty-six-years-ago, and defend my integrity.”
In addition, the Senate Judiciary Council also received a letter, signed by sixty-five women, attesting to Kavanaugh’s sterling character.
Similarly, Mike Judge also released a statement saying:
“I did not ask to be involved in this matter nor did anyone ask me to be involved. The only reason I’m involved is because Dr. Christine Blasey Ford remembers me as the other person in the room during the alleged assault”
“I have no memory of the alleged incident. Brett Kavanaugh and I were friends in high school but I do not recall the party described in Ford’s letter. More to the point, I never saw Brett act in the manner Dr. Ford describes.”
Regardless of the outcome of any vote, it is clear that the accusations made against Brett Kavanaugh will have long-ranging political consequence. If Kavanaugh is not appointed, the Republicans may very well lose their opportunity to appoint an originalist to the Supreme Court. It is unlikely that the Senate would be able to vet and confirm any nominee for the Supreme Court in the six weeks leading up to the election. And it is very possible that that election could culminate in a Democrat-controlled Congress. On the other hand, if Kavanaugh is confirmed the Democrats will certainly use the accusations as a political weapon to be wielded against Republicans.
Political consequences notwithstanding, the accusations made against Brett Kavanaugh are, in and of themselves, deeply suspicious. Christine Blasey Ford has failed to provide any evidence or corroborating details which could help prove the validity of her story. The alleged incident occurred almost forty years ago, bears no witnesses aside from the two men accused, and has no physical evidence.
What is truly amazing is that anyone is willing to believe Ford’s accusations in the first place. Ford, a registered Democrat who has financially supported numerous left-wing causes, waited until the man she was accusing was about to become a Supreme Court Justice, has changed her story numerous times, and is unable to remember the time or the location the alleged incident took place.
And any attempt to compel Ford to provide further information have been met with stonewalling and accusations of victim blaming by her supports. When her lawyer, Debra Katz was asked by CNN’s Alisyn Camerota whether Ford should ask other girls at the party to come forward as witnesses, Katz snapped: “that’s not her job to do that. If this is going to be investigated, it should be done by investigators.” It is hard to believe that any just society would condemn a man on such a preposterous lack of evidence.
At some point, society is going to need to have a discussion about what credible accusations of sexual assault look like. One would be hard pressed to argue that an accusation that bears no witnesses, no evidence, and no corroborating details should be powerful enough to destroy a man’s life or career. It is not acceptable that accusations which can be neither proven nor disproven should be used to take someone’s liberties from them.