Dear Senator Murkowski:
I watched almost every minute of the hearings in the Senate Judiciary Committee on Thursday and Friday. I came away persuaded that Brett Kavanaugh is utterly unfit for the Supreme Court. Even setting aside the question of what happened thirty-five years ago–something that cannot be set aside–Judge Kavanaugh’s statement, answers to questions from Democratic (and particularly female) Senators, demeanor, and attitude during the hearing should disqualify him; I ask you to vote “No.”
No doubt a person accused of a serious crime will be upset, even furious. But that does not excuse Judge Kavanaugh’s descent into partisan rage. In his fury, a fury that seems to have emboldened some of his supporters, Kavanaugh not only suggested that an examination of Dr. Christine Blasey Ford’s accusation was the result of a conspiracy (“No one can question your effort, but your coordinated and well-funded effort to destroy my good name and to destroy my family will not drive me out”), but also issued what appeared to be a promise of retribution: “What goes around comes around.” And those are just two of the myriad moments in his opening statement that revealed a temperament unsuited to the highest court in the land.
His answer to the members of the Judiciary Committee were even more problematic than his statement; answers were clearly not fully truthful–and that’s putting a positive gloss on what Judge Kavanaugh said. His answers to Senator Whitehouse about the meaning of the words “boofing” and “ralphing” were absurd–and just about everyone in that room knew it. We can forgive youthful indiscretions–but the lies here about these indiscretions were designed to frustrate inquiry into something far more serious than that: a sexual assault. Judge Kavanaugh’s prevarication was part of a narrative that sought to obscure and confuse, not illuminate. That is hardly “judicial.” Indeed, it smacks of perjury.
Judge Kavanaugh seems to believe that he is entitled to a place on the Supreme Court; that may help explain his petulant lashing out at Senator Klobuchar during the hearings. But it certainly does not excuse it. Asked by Senator Klobuchar whether he had ever blacked out, Judge Kavanaugh snarled back, “It’s — you’re asking about, you know, blackout. I don’t know. Have you?” And repeated this kind of answer twice. He knew, of course, that he had crossed a line–and apologized to Senator Klobuchar afterwards. But I find it absolutely flabbergasting that a candidate for the Supreme Court would think that he ever has the right to address a senator–or, for that matter, any other person in a public setting–in such a manner. But the stakes were high for him here: if he admitted to blacking out, his credibility on Dr. Ford’s allegations would be ripped to shreds. He seemed to feel–in the moment–that turning the tables on his antagonist was legitimate. And it seemed to this observer that his contemptuous dismissal, his immediate attempt to cast his alleged sins on his questioner, were rooted in a profound sense of privilege and contempt for women. In any case, this exchange alone should have given his nomination a mortal blow.
I think his demeanor alone on Thursday disqualified him. But there is the underlying problem; it is the reason the Judiciary Committee was forced to have a hearing at all: Dr. Christine Blasey Ford’s accusations. Anyone who watched her testimony will have been impressed by her willingness to answer all questions put to her, and will have been struck by the contrast between her forthrightness and Judge Kavanaugh’s evasiveness. (For a comparison between her willingness to answer and Judge Kavanaugh’s, see this article on Vox: https://bit.ly/2NPSEB4) Dr. Ford credibly and consistently testified that she is absolutely certain that he was her assailant. Do we doubt that she was attacked? That’s scarcely possible. Do we think that she is part of a conspiracy? Should we believe that she has a partisan motive? The evidence suggests we cannot. Her allegations were made before Judge Kavanaugh was the nominee; indeed, her revelations to her therapist were made six years before he was nominated. Does Judge Kavanaugh have motive to lie and dissemble? Of course: a seat on the most important court in the United States is within his grasp.
On the basis of their testimony, I believe Dr. Ford. I do not believe Judge Kavanaugh. But even were I to accept his protestations of innocence, his demeanor was so wholly intemperate and unjudicial that I cannot imagine that he could be fair-minded and impartial justice. I return to the basic point here: Judge Kavanaugh’s performance before the Senate Judiciary Committee revealed his basic unfitness for the post.
I beseech you to vote “No.” Our country and our Supreme Court need better
Sincerely,
André Lambelet
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