One of the most important qualities essential for an
effective jurist is impartiality and a character trait that can best be
described as equanimity. When
considering someone for the Supreme Court of the United States, a lifetime
appointment that will demand an open mind and unbiased consideration of all
kinds of issues that will affect all of us for decades, equanimity is
paramount.
What we saw yesterday from Brett Kavanaugh was decidedly not
equanimity.
Kavanaugh simply lost his cool.
It’s ok to be angry.
He had a right to be angry—his family and his life has been
upended….maybe by his own hand, as events in our past somehow always rise up to
bite us in the ass when we least expect it.
Whether or not he did or did not sexually assault Dr. Christine Blasey
Ford is almost beside the point. His
appearance before the Judiciary Committee was revealing for other reasons.
First of all, he opened his remarks by showing his partisan
hand as soon as he opened his mouth. He
angrily excoriated the Democratic members of the committee for engineering a
character assassination ‘hit’ to ruin his chance for confirmation. He blamed it on the Democrat’s search for retaliation
for losing the 2016 election; for Donald Trump’s election; and as revenge on
behalf of the Clintons! With that
statement we immediately saw his true partisan colors and what we can expect if
he ever gets confirmed. Equanimity and
unbiased decision making will not happen from this man.
Secondly, he revealed multiple times that the last thing he
wants to encourage is an open and thorough investigation of the evidence that
will inform any decisions the Judiciary Committee and the full Senate will
make. Supported in this effort by the
refusal of the Republican majority and Senator Grassley in particular to
mandate an FBI investigation into the facts of this allegation, he avoided and
side stepped any imploring by various senators to support the FBI’s further
investigation.
Here we have a sexual assault allegation by a clearly
competent believable victim who names a person who was potentially an eye
witness to the assault in the room where it occurred, and there is a clear
effort to bury that potential evidence by the majority of the Committee and the
nominee. It is clear that Kavanaugh and
the Republicans do not want the eye-witness, Mark Judge, to be
interviewed. Why? I think they are afraid he might reveal
truths under oath that none of them want to deal with. With repeated entreaties by Senator Durbin
and others to support further FBI investigation, Kavanaugh responded with contempt,
anger, obfuscation, pleading innocence, and evasive answering of questions. Ultimately he chose not to answer Durbin’s
question as to whether he personally thought it would be a good idea to have
the FBI investigate.
More than that, Kavanaugh exhibited an attitude of
arrogance, bitterness, sarcasm and belligerence to the questioners on the
Democratic side of the dais. When asked
about his proclivity for drinking, he rambled on and on about how he ‘liked
beer, drank beer, maybe drank too much beer, liked beer and drank beer’. When asked what the meaning of ‘boofed’ meant
when it appeared in his diary/calendar, he lied by saying it was a word for
flatulence or farting. The dictionary
defines ‘boofed’ as ‘having sexual intercourse with someone’ or, as the Urban
Dictionary defines it, ‘ingesting
alcohol or drugs anally’.
All of this is in contrast to the riveting testimony of Dr.
Ford, who presented as competent, considered, and most of all, honest.
What must be judged from all this is whether judges on the
bench of the Supreme Court have an allegiance to honesty. Can we really say that about Brett
Kavanaugh? Can we say that Kavanaugh has
the proper character to render unbiased opinions on the major issues facing our
nation? Can we say that he has a
character with equanimity? After his
attacks on the Democratic members of the Committee, does he show the correct
temperament for a Supreme Court Justice?
Separate from that, there is the simple question—If Dr. Ford
as a credible witness says that she is 100% sure that Kavanaugh was the sexual
attacker and Brett Kavanaugh says that he absolutely denies ever being at the
party or committing the act, who is lying?
Who do you believe?
Yesterday was a sad day for the United States of
America. It was a sad day for the
Supreme Court of the United States. The
trust of the American people in the Supreme Court is not important enough to
the Judiciary Committee to follow the regular order of process that is fair. Finally, the American Bar Association
submitted a letter to the Judiciary Committee requesting a postponement of the
vote to let the FBI do a full investigation.
Senator Grassley rejected the request as ‘not necessary’.
Kavanaugh will probably be confirmed and the Justices on the
highest court of the land will include a man who was jammed onto the court in
spite of questions that will persist about his veracity, his character and his
equanimity. Perhaps the only character
trait he will bring to the court will be resentment. How sad for all of us.
Lindsey Graham says that this whole affair is not about the
truth, it’s about delay and destruction.
I actually agree with him, but unfortunately his party is the instrument
of destruction and despair.