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FEDERAL Judge Brett Kavanaugh was on the Republican-smoothed glide path to becoming Justice Kavanaugh of the Supreme Court. Then his confirmation process was upended by a sexual assault allegation dating to his junior year of high school. The issue now is how to handle a serious accusation about a long-ago incident in a politically charged atmosphere.
Christine Blasey Ford, a professor in California, was 15 years old when she says Kavanaugh, then 17, sexually assaulted her at a Maryland party in the summer of 1982. Kavanaugh denies the allegation.
What occurred 36 years ago? It's the responsible question to ask. Ford says she was traumatised by the incident. If it happened and Kavanaugh won't admit it, he fails the character test at the heart of the confirmation process and the US Senate should not seat him on the high court. But Kavanaugh says he has"never done anything like what the accuser describes to her or to anyone."
Ford's accusations are being taken seriously, and deservedly so. It's not appropriate to dismiss such behaviour as a youthful indiscretion, and Kavanaugh isn't using that excuse. Like Ford, he deserves a fair hearing. His reputation is at stake, as is a possible job promotion.
The solution for senators seems straightforward: The FBI should immediately investigate Ford's account of what happened at the party. The Judiciary Committee should hear from Kavanaugh, Ford and any other pertinent witnesses. With all available information on the table, the committee should proceed with a confirmation vote, potentially followed by a full Senate vote.
Politics complicates that scenario. But let's not get caught up in either party's calculus. Suffice to say Republicans, with a slim Senate majority and control of the committee, want to get Kavanaugh seated on the court and soon. Democrats want to defeat Kavanaugh. They also could benefit by delaying the process past November's election when who knows? maybe they wrest Senate control.
The FBI's role would not be to conduct a criminal investigation; Ford's allegations don't involve a federal crime. Rather, the FBI would reopen its background check on Kavanaugh. Ron Hosko, a former assistant director of the FBI, told several news organisations the White House has the power to direct the FBI to act. Agents would interview Kavanaugh and Ford, presumably under penalty of perjury. The agency would seek other witnesses and then turn over that information to the Senate without making judgments about witness credibility.
There were only so many people at that party or in Kavanaugh's and Ford's circles of friends. It seems likely most of those people already know that their recollections are of sudden interest to the nation. The investigation shouldn't take long to complete."There would be a sense of urgency about this," Hosko told CBS News."They could do that tonight, assuming you have cooperative witnesses." It's worth remembering that in 1991, the FBI required just three days to investigate Anita Hill's sexual harassment allegations against then-Supreme Court nominee Clarence Thomas.
The Republicans want to hold a hearing on this matter. Kavanaugh says he's willing to testify. Ford's attorneys said on Thursday that she is prepared to testify next week. They said it's her"preference" that a"full investigation" take place before her testimony. Assuming the White House deploys the FBI, the agency should be able to complete its task in time. If it takes a bit longer, so be it. The goal is for senators to possess all available evidence about what happened that night, and then cast their votes for or against Kavanaugh.
