Thursday, September 20, 2018 at 10:48 AM

UPDATE! Ford v. Kavanaugh: To Testify or Not to Testify, That is the Question

Posted by Anthony L. Hall

I think Ford should.

Republicans are using their control of this confirmation process to compel Ford to testify on Monday, or be relegated to an asterisk in the record of Kavanaugh’s tenure on the Supreme Court. Ford is pleading for a delay to allow the FBI to investigate her accusation, just as it investigated Hill’s. And, contrary to Republican spin, that investigation took just three days.

Meanwhile, Republicans are patting themselves on the back for offering Ford all kinds of options to testify: in private or in public, in California or in Washington, DC, so long as she does so before or on Monday (i.e., according to their damn-the-torpedoes rush … to confirm Kavanaugh). But she is quite rightly insisting that those options cannot, and must not, substitute for a proper FBI investigation.

Unfortunately, as they have done from day one of Trump’s presidency, Republicans seem hell-bent on ignoring all precedents and norms. But this case is especially egregious.

After all, they (and Kavanaugh) make quite a show of proclaiming their adherence to, and advocacy for, the rule of law. Yet they seem perfectly prepared to flout the very rules and procedures they championed in Hill’s case, which included not just an FBI investigation but the testimony of corroborating and exculpating witnesses too.

Perhaps you’ve seen the juxtaposing video clips that have gone viral. They show Republican leaders saying, on the one hand, how proper and necessary it was for the FBI to investigate Hill’s accusation against Thomas, while on the other hand, how improper and unnecessary it is for the FBI to investigate Ford’s accusation against Kavanaugh.

Not to mention the consciousness of guilt Kavanaugh is displaying by hiding behind these politically expedient contradictions. After all, if he were innocent, he would be demanding an investigation to clear his name. But I suspect he fears an investigation would only discover more Ford-like skeletons in his closet.

The unfairness and hypocrisy afoot is beyond contempt. This is compounded by the fact that Ford has spent this week seeking a safe place to protect her family from intimidation, harassment, retaliation, and even death threats, while Kavanaugh has spent it hanging out at the White House getting tips on the best political spin for his defense.

Incidentally, apropos of contempt, I have it in spades for most reporters. And they are duly showing why with their herd-like praise for the “restraint” Trump is showing by not trashing Ford. Because it says far more about them than Trump that they are praising him for behaving in this case as any normal person, let alone the president of the United States, should.

Still, I urge Ford to rise, take the oath, and testify … in public and in Washington, DC. But she should use the occasion not only to plead her case against Kavanaugh but also to upbraid Republicans for having no qualms about using her – an alleged victim of sexual assault – as a prop in a show trial to advance their political agenda.

Of course, the vast majority of them have already made clear they believe him, not her. To be fair, though, the vast majority of Democrats have already made clear they believe her, not him. This is why it’s so imperative for the FBI to present objective facts that would enable the few, fair-minded members on both sides to make an informed and pivotal decision on Kavanaugh’s confirmation.

But, trust me, after giving her comprehensive and compelling opening statement, which should include at least one reference to Merrick Garland, Ford can effectively fend off all Republican attempts to impeach her credibility with variations on this famous theme:

Have you no decency, sir? At long last, have you left no sense of decency?

(And, yes, there are men only on the Republican side of the Senate Judiciary Committee that would preside over this show trial.)

The statement’s the thing wherein she’ll expose the hypocrisy of the Republicans and the guilt of the judge. If she does as I suggest, instead of becoming an asterisk in Kavanaugh’s record, she will be highlighted in the annals of US history among the likes of Anne Hutchinson, Sojourner Truth, Susan B. Anthony, and Rosa Parks — all of whom dared to challenge institutionalized injustice masquerading as law and order.

And, who knows? She might even prick the conscience of a few Republican senators (especially the female ones), so much so that it compels them to vote with Democrats to torpedo Kavanaugh’s confirmation.

In any case, I reiterate my contention that Kavanaugh’s nomination is toast. But, despite their pro-Kavanaugh posturing, it behooves Republican leaders to prevail upon Trump to withdraw this nomination long before Ford gets anywhere near Capitol Hill. After all, given the foreseeable fallout for Kavanaugh and the Republican Party, it would constitute political malpractice to allow her to testify.

NOTE: It’s interesting that Ford’s lawyer has not seen fit to publish a more flattering photo of her, which would have been the PR thing to do. But not doing so might enhance the visual impact when she finally appears in person. And that’s no small consideration these days, when it’s almost better to look good than to be good.

Related commentaries:
Kavanaugh-Ford, Thomas Hill

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