There are some legal aspects of the charges against Judge Kavanaugh that are being left out of the discussion. A lawyer friend of mine posted a few comments on the subject on Facebook:CNS News posted an article about the attempts to give the accused a chance to face his accuser.
The article reports:
Senate Majority Leader Mitch McConnell (R-Ky.) told a news conference Tuesday that Judge Brett Kavanaugh’s accuser “certainly does deserve a right to be heard,” but at the same time, he called it “disturbing” that Democrats decided to withhold her accusation until the last minute.
Later, an attorney for the accuser, told CNN’s Anderson Cooper her client “is prepared to cooperate with the committee” — but not on Monday, and not until the FBI does a full investigation. “There shouldn’t be a rush to a hearing,” attorney Lisa Banks said.
The FBI has already done extensive background checks on Judge Kavanaugh for his previous positions. None of these charges have ever surfaced. Now, when the Committee was ready to vote, the accuser comes forward, not remembering the year, the place, or how she got home. There is also a discrepancy between what she told her therapist and what she is saying now (four boys in the room instead of two boys in the room). The whole thing looks like a delay tactic. It is also really scummy to bring forth a thirty-five-year-old charge that cannot be proven one way or the other. The accuser has also refused to appear before Congress to confront Judge Kavanaugh until an FBI investigation has been conducted. There is no way the FBI can investigate a thirty-five-year-old charge where the accuser doesn’t know what year it was, where it was, and is fuzzy on the details. That is ridiculous.
This is a portion of Senator Grassley’s letter to Professor Ford’s attorney:
Ranking Member Feinstein first received a letter with allegations against Judge Brett Kavanaugh from Dr. Ford in July. However, Feinstein neglected to notify Committee Republicans of the letter until the day of the first Committee markup, six weeks after receiving the letter and well after the vetting and hearing process had concluded. Feinstein referred the letter to the FBI, which added it to Kavanaugh’s background investigation file. She should have treated these allegations seriously, as Grassley has done, in immediately acting upon hearing of them.
The FBI has indicated to the committee and in public statements that it considers the matter closed. The FBI does not make credibility determinations. The FBI provides information on a confidential basis in order for decision makers to determine an individual’s suitability. The Senate has the information it needs to follow up with witnesses and gather and assess the relevant evidence.
Grassley’s staff has sought to work with the Democratic staff to reach out to relevant witnesses. The Democratic staff declined to participate in a follow-up call with Judge Kavanaugh Monday regarding these allegations. And they have declined to join efforts to conduct a bipartisan investigation of the allegations.
I have a few observations. I know the Republicans are afraid that if they move forward, they will lose the women’s vote in the mid-terms. I have a word for the Republicans. As many women can identify with the idea of a woman coming forward with a career-destroying accusation against their husband thirty-five years later as can identify with the accuser. If the Republicans do not move forward with the vote immediately, they will lose more votes in the mid-term than they gain. Radical feminists are not going to vote Republican anyway, and they are the only women who ascribe any credibility to this charade. Republicans, this is your moment–either you have a spine or you don’t. If you don’t, you will lose more votes than you will gain.