The Destruction Of The Confirmation Process In America.
Rep. Julio Gonzalez, M.D., J.D.
The New Yorker Magazine released an article on Sunday detailing another sexual assault allegation against Supreme Court nominee, Brett Kavanaugh. This one involves Deborah Ramirez, a Yale student, who claims to have been at a dorm party where Judge Kavanaugh allegedly exposed himself to her circa 1983. According to her present recollection of the events, at one point she pushed an exposed Kavanaugh away, coming into contact with his privates and causing her to be "embarrassed and ashamed and humiliated."
Once again, the story was not shared with any others until now. Once again, inconsistencies abound, most notably that Ramirez initially told The New Yorker she could not recall the identity of the young man who had engaged in the despicable behavior, but after six days of "assessing her memories and consulting with her attorney" she was able to recall that it was Kavanaugh and now says that she clearly remembers Kavanaugh's face as he stood before her exposed and moving his pelvis.
Other similarities include the recollections of some of Ramirez's close friends stating that she had never mentioned this event to them, and the presence of friends of Kavanaugh and Ramirez's who aver that Kavanaugh had never engaged in this sort of activity, nor would he ever.
But there are also differences. In this story, there are those who, although unable to ascertain whether Kavanaugh was indeed involved, vaguely recalled rumors of drunk parties involving fake penises and the harassment of partying, intoxicated female students. Some even claim that Brett Kavanaugh's name had been tossed around as being involved in these parties, although not specifically the one in question. Additionally, Ramirez says there were others present, although she asked The New Yorker not to publish their names.
Additionally, now there comes word of other allegations, including one by the gold standard of unbridled professional ethics, Michael Avenatti, known recently for his representation of Stormy Daniels. Avenatti claims to have a client with credible allegations against Kavanaugh and Mark Judge, Kavanaugh's former alcoholic friend who has previously stood by the judge's integrity. Additionally, and predictably, The New Yorker has interviewed women willing to discredit anything that Mr. Judge has said regarding unscrupulous behavior in high school.
But perhaps most disturbingly is that both accusers are Democrats who have brought their stories to Democratic members of Congress, are represented by lawyers who are women's right activists, and have made their allegations, after decades of silence, late in the eleventh hour of a nomination process that promises to tip the scales of the Court in the direction of conservatives. This in light of a decades long pattern of Democrats utterly destroying conservative nominees (see Judge Robert Bork and Justice Clarence Thomas).
It is this latter pattern that is most disturbing of all because by engaging in this utterly salacious activity, the Democrats have finally figured out a method by which any appointment process can be completely taken down so long as there is no shame, no limit to the level of disgustingness in which they engage, and most importantly, as long as there is a willingness to purposely ignore any respect for procedure.
Make no mistake, we have now witnessed the death of the Senate nomination process, and with it a great intrusion into the respect for due process in the United States.
Thank you very much Senate Democrats and American liberals.
Essentially what has been predicted by others and me is actually happening. The Democrats have now unlocked a method by which (if allowed to continue) to destroy the nomination process. It goes like this: if there is an impeccable candidate, all you have to do is slime him to death (yes, I am carefully selecting a gender pronoun) with unprovable sexual allegations from decades past and deliver them relentlessly until the process collapses under the weight of false accusations. This technique will continue to be deployed upon Brett Kavanaugh and upon any candidate (more easily male) that the liberals do not like.
The country simply cannot survive under the weight of this shameless and unethical behavior.
Once again, like every one of you, I do not know whether Kavanaugh engaged in these activities, or whether this is pure and utter malicious nonsense, but as I see it there are only three ways to proceed.
First, Kavanaugh can withdraw himself from consideration calling himself too much of a distraction. Unfortunately for him, if the judge feels he has a role to play in affecting public policy and preventing a horrible precedent from taking place, he will not allow himself to do that.
Second, the Senate Judiciary Committee Chairman can delay the confirmation hearing while it continues to investigate. Such an action promises to collapse the process under its own weight as the relentless, malicious, and possibly fabricated stream of accusations continue to flow, delaying the process ad infinitum.
Finally, the Senate can discontinue all investigations in the matter and immediately move for a confirmation vote. This is the preferred approach as it is the only route that can counteract this pattern. If Kavanaugh is lying, which I suspect he is not, then he will still be subject to the most caustic and vitriolic impeachment process ever. He will go down in history as one of the most reviled names in the Supreme Court, second only to Roger Taney, the author of the Dred Scott decision.
The Majority Leader of the Senate should sit down in private with the judge and have this conversation with him prior to proceeding, and if Kavanaugh elects to move forward, it will be in full knowledge of the fate that awaits him and our nation if he is not sure of the absolute certainty of the falsity of the claims against him.
In my opinion, of the three options, only the first and the last options are viable. Which is better is solely in the hands of Judge Kavanaugh and the nature of his character and integrity.
Dr. Julio Gonzalez is an orthopaedic surgeon and lawyer living in Venice, Florida. He is the author of The Federalist Pages and serves in the Florida House of Representatives. He can be reached through www.thefederalistpages.com to arrange a lecture or book signing.
Julio Gonzalez, M.D., J.D.
Dr. Gonzalez is an orthopedic surgeon and lawyer serving as State Representative for South Sarasota County in Florida. He is the author of The Federalist Pages