Tag Archives: SCOTUS nomination

123. Ford v. Kavanaugh * Revised

19 Sep

(Revisions are in blue)

As I was listening to commentators discussing the alleged sexual assault on Professor Christine B. Ford by Justice Brett Kavanaugh, in high school; I heard statements that I think need clarification. But before I begin, I must emphasize that rape (and attempted rape) is a serious crime, is never justified, and should be severely punished. I think that Prof. Ford should be taken very seriously and given a clear opportunity to make her case. Since I wrote the original, a date was set Monday 9-24-18 (a week later) when both parties could testify.  Dr. Ford has requested an FBI investigation before testifying.

Here are my thoughts about Ford vs. Kavanaugh.

First, the argument that holding back this issue was based on politics is not supported by any facts. Prof. Ford wanted to maintain her anonymity. She decided to come forward when her name was leaked. Also, Sen. Feinstein early on, sent information based on the  Ford letter to the FBI. The FBI confirmed this communication.

It is well-known that lie-detector tests are not 100% reliable, but could be used in conjunction with other evidence in a “hearing” (but not necessarily in a court). Prof. Ford passed a lie-detector test and that fact should be given some consideration.

An FBI investigation may sound like a good idea but could be a waste of taxpayer money. It is extremely unlikely that any physical evidence would be discovered, and testimony after all this time might never be fully trusted. If anyone else has information about this issue, the publicity about it would stimulate a response, if there were willing parties. That may have been that Ford’s original intent.  After further thought, I think it is possible that further testimony could be obtained. 

It is a valid argument that serious errors occurring in high-school should not be given great weight and should not ruin the rest of a person’s life. No “criminal” charges were made at the time. The issues of this controversy are difficult, and I can see both sides, and of course, I sympathize with Prof. Ford’s trauma, then and the death threats now.

Brett Kavanaugh’s friend in the room would have to deny what happened, or else he could be considered an accomplice. So his denial would be expected and not of relevance (not exculpatory). On the other hand, if he jumped on Kavanaugh to help Ford, then he should get some credit.

My tentative conclusion is that, so far, this particular case against Kavanaugh is compelling, but not conclusive.  I feel that there are better reasons, already elucidated in the hearings, for rejecting his appointment to the Supreme Court.

Revision added: Dr. Ford’s request for an FBI investigation supports her claim and the Republican refusal is further support for her. Generally speaking, a person who lies would not want to be questioned by the FBI.

(Revisions are in blue)