A sham hearing and a denial of due process

This is what GOP authoritarianism looks like: a sham hearing and a denial of due process to a victim of sexual abuse.

I explained yesterday, The Senate needs to get this right, and right now it is failing: for judicial background checks, the client is not the Senate but the White House. And the White House Hasn’t Asked FBI to Vet Kavanaugh Allegations, Sources Say.

The FBI background is the legally correct thing to do in fairness to both the accuser and the accused. Due process demands it. As Sen. Richard Blumenthal (D-Conn.) told the Washington Post, “If there’s a hearing before that investigation, the committee is going to be shooting in the dark with questions.” “As a former prosecutor and state attorney general, there’s no way I would put a crime survivor on the stand in front of a jury, let alone the American people, without a full investigation so that I know what the facts are before I start asking questions.”

On Tuesday, Christine Blasey Ford Requested That the F.B.I. to Investigate Kavanaugh Before She Testifies, a reasonable request, as is her right:

Speaking through lawyers, Christine Blasey Ford said she would cooperate with the Senate Judiciary Committee and left open the possibility of testifying later about her allegations against Judge Brett M. Kavanaugh. But echoing Senate Democrats, she said an investigation should be “the first step” before she is put “on national television to relive this traumatic and harrowing incident.”

Republicans signaled Tuesday night that they would not negotiate an alternative date and would go ahead with the hearing without her or declare it unnecessary if she refuses to appear, then possibly move to a vote. They have repeatedly stressed that Monday would be Dr. Blasey’s opportunity to testify, either privately or publicly, and that they planned to move forward with the confirmation process afterward.

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The Senate needs to get this right, and right now it is failing

The Senate Judiciary Committee has scheduled next Monday for a hearing on Christine Blasey Ford’s allegation of sexual assault against Brett Kavanaugh when they were in high school.

While there does need to be a hearing, this is yet again another example of GOP leadership steamrolling the Kavanaugh nomination without all the facts being made available to senators. GOP leadership is setting up this Monday hearing to be another public spectacle like the Anita Hill hearings were in 1991, and that is unfair to Christine Blasey Ford, Brett Kavaaugh, and the Senate. These fools have learned nothing in the intervening years.

Lat week Senator Dianne Feinstein referred the letter of Christine Blasey Ford to the FBI for further background investigation. All 10 Democrats on the Senate Judiciary Committee signed a letter dated Monday morning urging Grassley to postpone the committee vote, urging that an FBI investigation should conclude before Kavanaugh’s nomination proceeds. Democrats call to delay Kavanaugh committee vote, after accuser comes forward.

The problem is that for judicial background checks, the client is not the Senate but the White House. And the White House Hasn’t Asked FBI to Vet Kavanaugh Allegations, Sources Say:

The White House hasn’t asked the FBI to investigate the allegation that Supreme Court nominee Brett Kavanaugh sexually assaulted a woman when they were in high school, a request required for the bureau to take further action, according to two people familiar with the matter.

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The bogus GOP talking point about ‘timing,’ and dueling character witnesses

The Republican talking point today is “Why did Democrats wait until the eleventh hour” to bring to light this allegation of sexual assault by Judge Kavanaugh when he was in high school just days before his confirmation vote?

Seriously? Republicans are complaining about regular order and procedure after having blockaded President Obama’s nomination of Merick Garland for a year, and then rushing the nomination process for Brett Kavanaugh? That is chutzpah.

The confirmation vote has been rushed by the Septuagenarian Ninja Turtle, Senate majority leader Mitch McConnell, before the National Archives has even completed its review of documents related to Kavanaugh. Only about 10% of documents have been made available through an alternative source, a very non-neutral arbiter, Bill Burck, a private attorney employed by former president George W. Bush and a longtime Republican — and reportedly a longtime friend of Kavanaugh’s — overseeing the review of the documents. The fight over the release of Kavanaugh documents. A group of Democrats on the Senate Judiciary Committee have been forced to file a lawsuit against the National Archives in an attempt to gain access to records related to Supreme Court nominee Brett Kavanaugh. Senate Dems sue Archives to try to force release of Kavanaugh documents.

You want to talk about regular order and procedure Turtle Man? Mitch McConnell is the man who broke America. UPDATE: Charles Pierce at Esquire brings it up to date. History Will Remember Mitch McConnell as One of the Very Worst.

Then there is the fact Christine Blasey Ford did not want to come forward and be subjected to a political assault. She told this to both Senator Dianne Feinstein and reporters at the Washington Post. It was only after her letter was leaked to the Intercept and the New Yorker last week that she made the decision over the weekend that she would be willing to testify after having been outed against her will. She is now, predictably, being politically assaulted.

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The biggest test of the #MeToo movement: a Supreme Court nominee

The #MeToo movement is about believing a woman when she says that she has been sexually harassed, sexually assaulted, or raped by a man who is in a position of power:

After The New York Times published an explosive report in October 2017 detailing decades of sexual harassment allegations against Harvey Weinstein, dozens of women came forward with their own accusations against the Hollywood mogul. Within a week Weinstein had been fired from his company and expelled from the Academy of Motion Picture Arts and Sciences.

Now, in a post-Weinstein world, legions of women have felt empowered to speak out and share their own #MeToo stories—both on social media and in news outlets. The reports against the powerful producer sparked an avalanche of accusations against high-profile men in media, politics, Silicon Valley, and Hollywood, all with varying degrees of repercussions.

Here, a list of the high-profile men who have been accused of sexual harassment, assault, and/or misconduct since the Weinstein story broke, which we’ll keep updating as new allegations surface. Post-Wtneinstein, These Are the Powerful Men Facing Sexual Harassment Allegations.

The stakes just got a lot higher for the #MeToo movement.

“Earlier this summer, Christine Blasey Ford wrote a confidential letter to a senior Democratic lawmaker alleging that Supreme Court nominee Brett M. Kavanaugh sexually assaulted her more than three decades ago, when they were high school students in suburban Maryland.” California professor, writer of confidential Brett Kavanaugh letter, speaks out about her allegation of sexual assault:

Now, Ford has decided that if her story is going to be told, she wants to be the one to tell it.

Speaking publicly for the first time, Ford said that one summer in the early 1980s, Kavanaugh and a friend — both “stumbling drunk,” Ford alleges — corralled her into a bedroom during a gathering of teenagers at a house in Montgomery County.

While his friend watched, she said, Kavanaugh pinned her to a bed on her back and groped her over her clothes, grinding his body against hers and clumsily attempting to pull off her one-piece bathing suit and the clothing she wore over it. When she tried to scream, she said, he put his hand over her mouth.

“I thought he might inadvertently kill me,” said Ford, now a 51-year-old research psychologist in northern California. “He was trying to attack me and remove my clothing.”

Ford said she was able to escape when Kavanaugh’s friend and classmate at Georgetown Preparatory School, Mark Judge, jumped on top of them, sending all three tumbling. She said she ran from the room, briefly locked herself in a bathroom and then fled the house.

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#MeToo Movement revisits Clarence Thomas: a case for impeachment

The #MeToo movement has begun to hold powerful men who have abused women accountable for their actions. Many of these men have engaged in such behavior for decades, as the Harvey Weinstein case illustrates.

This has led Jill Abramson, the former executive editor of The New York Times and the co-author of Strange Justice: The Selling of Clarence Thomas, a 1994 book about his controversial confirmation hearing, to revisit the issue in the current cover story of New York Magazine. Do You Believe Her Now?: With new evidence that Clarence Thomas lied to get onto the Supreme Court, it’s time to talk seriously about impeachment:

On the same fall night in 2016 that the infamous Access Hollywood tape featuring Donald Trump bragging about sexual assault was made public by the Washington Post and dominated the news, an Alaska attorney, Moira Smith, wrote on Facebook about her own experiences as a victim of sexual misconduct in 1999.

“At the age of 24, I found out I’d be attending a dinner at my boss’s house with Justice Clarence Thomas,” she began her post, referring to the U.S. Supreme Court justice who was famously accused of sexually harassing Anita Hill, a woman who had worked for him at two federal agencies, including the EEOC, the federal sexual-harassment watchdog.

“I was so incredibly excited to meet him, rough confirmation hearings notwithstanding,” Smith continued. “He was charming in many ways — giant, booming laugh, charismatic, approachable. But to my complete shock, he groped me while I was setting the table, suggesting I should ‘sit right next to him.’ When I feebly explained I’d been assigned to the other table, he groped again … ‘Are you sure?’ I said I was and proceeded to keep my distance.” Smith had been silent for 17 years but, infuriated by the “Grab ’em by the pussy” utterings of a presidential candidate, could keep quiet no more.

Tipped to the post by a Maryland legal source who knew Smith, Marcia Coyle, a highly regarded and scrupulously nonideological Supreme Court reporter for The National Law Journal, wrote a detailed story about Smith’s allegation of butt-squeezing, which included corroboration from Smith’s roommates at the time of the dinner and from her former husband. Coyle’s story, which Thomas denied, was published October 27, 2016. If you missed it, that’s because this news was immediately buried by a much bigger story — the James Comey letter reopening the Hillary Clinton email probe.

Smith, who has since resumed her life as a lawyer and isn’t doing any further interviews about Thomas, was on the early edge of #MeToo. Too early, perhaps: In the crescendo of recent sexual-harassment revelations, Thomas’s name has been surprisingly muted.

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