The sexual assault allegation against Brett Kavanaugh is both credible and disturbing. But some people have questioned its relevance to his confirmation: After all, it is alleged to have happened when Kavanaugh was 17 years old, and Kavanaugh is now 53. The question of how to treat juvenile crimes can be complicated; with criminal convictions, we seal juveniles’ records. While Anita Hill’s allegations against Clarence Thomas concerned behavior during his professional life, Christine Ford’s allegation against Kavanaugh is from his high school years.
I think there is a very strong argument that the facts of the allegation, assuming they are true, are important in considering whether someone should be a Supreme Court Justice. But before we get to that, there’s another reason why this doesn’t just matter, but matters a lot: Kavanaugh has denied that he did it. That means that the truth or falsity of Ford’s allegation is not just important for assessing what Kavanaugh did in high school. It’s important for assessing what he is doing right now. If Ford’s allegation is true, then Kavanaugh has lied to the public. He didn’t just assault a woman in the 1980s, but he is gaslighting a woman in 2018 and trying to mislead the public and the United States Senate about a crime he committed. We can’t wave this away as being about the distant past, because it’s a question about the present. If the allegation is true, Kavanaugh is not fit to be a justice, not just because of his past actions but because of his shameless public lying.
Here is what Kavanaugh has said about the allegation: “I categorically and unequivocally deny this allegation. I did not do this back in high school or at any time.” That’s pretty clear: Christine Ford is lying or delusional. According to Kavanaugh, she has invented a false story about him. It’s a story she confessed to her husband years ago, and a story that passed a polygraph test. But Kavanaugh says it didn’t happen and that Ford is smearing him. If Ford is telling the truth, then what Kavanaugh is doing right now is unconscionable. Not only did he attack her in high school, but he would be publicly trying to falsely brand her delusional or a liar. It would literally be “insult to injury.” No person with a shred of conscience could vote to confirm such a man to the Supreme Court.
Kavanaugh’s denial means that assessing the truth or falsity of the allegation is now critical to his confirmation. If Kavanaugh had admitted the truth of the allegation and apologized sincerely, talking about what a pig he had been in high school, then the “well, this was a long time ago” crowd would be able to argue that we should focus far more on his hideous record as a jurist than his high school sexual assault. Now, however, there is no choice at all: The question of whether Brett Kavanaugh did this is all-important, because it’s also the question of whether Brett Kavanaugh is trying to slander an assault victim and mislead the Senate.
To reiterate: This is not just about the crime, and it is not just about the past. Never mind “this was a long time ago”: If there is credible evidence that he did this, then he does not belong on the court or in any position of power whatsoever, because he is lying. We don’t need to resolve the question of how important juvenile crimes are in order to conclude that. I’m sorry to repeat myself here, but I think this is very important and the point isn’t being made clearly enough. If you think the allegation is true, then Kavanaugh is unfit for office, regardless of how long ago this was.
I think there is a very strong argument that the facts of the allegation, assuming they are true, are important in considering whether someone should be a Supreme Court Justice. But before we get to that, there’s another reason why this doesn’t just matter, but matters a lot: Kavanaugh has denied that he did it. That means that the truth or falsity of Ford’s allegation is not just important for assessing what Kavanaugh did in high school. It’s important for assessing what he is doing right now. If Ford’s allegation is true, then Kavanaugh has lied to the public. He didn’t just assault a woman in the 1980s, but he is gaslighting a woman in 2018 and trying to mislead the public and the United States Senate about a crime he committed. We can’t wave this away as being about the distant past, because it’s a question about the present. If the allegation is true, Kavanaugh is not fit to be a justice, not just because of his past actions but because of his shameless public lying.Here is what Kavanaugh has said about the allegation: “I categorically and unequivocally deny this allegation. I did not do this back in high school or at any time.” That’s pretty clear: Christine Ford is lying or delusional. According to Kavanaugh, she has invented a false story about him. It’s a story she confessed to her husband years ago, and a story that passed a polygraph test. But Kavanaugh says it didn’t happen and that Ford is smearing him. If Ford is telling the truth, then what Kavanaugh is doing right now is unconscionable. Not only did he attack her in high school, but he would be publicly trying to falsely brand her delusional or a liar. It would literally be “insult to injury.” No person with a shred of conscience could vote to confirm such a man to the Supreme Court.
Kavanaugh’s denial means that assessing the truth or falsity of the allegation is now critical to his confirmation. If Kavanaugh had admitted the truth of the allegation and apologized sincerely, talking about what a pig he had been in high school, then the “well, this was a long time ago” crowd would be able to argue that we should focus far more on his hideous record as a jurist than his high school sexual assault. Now, however, there is no choice at all: The question of whether Brett Kavanaugh did this is all-important, because it’s also the question of whether Brett Kavanaugh is trying to slander an assault victim and mislead the Senate.
To reiterate: This is not just about the crime, and it is not just about the past. Never mind “this was a long time ago”: If there is credible evidence that he did this, then he does not belong on the court or in any position of power whatsoever, because he is lying. We don’t need to resolve the question of how important juvenile crimes are in order to conclude that. I’m sorry to repeat myself here, but I think this is very important and the point isn’t being made clearly enough. If you think the allegation is true, then Kavanaugh is unfit for office, regardless of how long ago this was.
by Nathan J. Robinson, Current Affairs | Read more:
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[ed. See also: After the Kavanaugh Allegations, Republicans Offer a Shocking Defense: Sexual Assault Isn’t a Big Deal]
