1. An attorney for Professor Christine Blasey Ford went on CNN last night to state that her client’s life has been turned upside down since publicly alleging that Appellate Court Judge Brett Kavanaugh attempted to rape her when they were teens. cnn.com/2018/09/18/pol…
2. Ford has received death threats, her email account has been hacked, and she has been impersonated on social media. All of this has literally driven her out of her California home.
3. The Times quoted an anonymous source yesterday saying that Ford had arranged for private security and that her family “is effectively in hiding.”
4. Ford’s attorney, Lisa Banks, then said her client was eager to testify despite the hardships facing her and her family, but she needed time. Plus—and this part is key—
5. Ford demanded an FBI investigation in order to “ensure that the crucial facts and witnesses in this matter are assessed in a non-partisan manner, and that the Committee is fully informed before conducting any hearing or making any decisions."
6. Why is that part key? The Republicans don’t have time to wait for an investigation (though the FBI can expedite what is called a background investigation, not a criminal investigation).
7. The midterms are coming, but importantly, they are coming when the Republican base rewards or punishes the party for having confirmed or failed to confirm a man most of them believe will be central to overturning Roe v. Wade.
8. Put another way, the Republicans think they have to go with Kavanaugh, and not with a different conservative jurist who would more or less rule in the same way Kavanaugh would (Jonathan Bernstein says there’s still time).
9. The president could take the gas out of this entire spectacle but the White House fears he cannot. As one senior administration official told the Daily Beast Tuesday, pulling Kavanaugh at this moment would be akin to Team Trump signing its own political “death warrant.”
10. Is that true? I’m not convinced. I think Trump’s pride has more to do with this than anything else, and his pride is making things more difficult for his party. Right now they are in a pickle.
11. They want Ford to testify, in order to get this whole thing over with, but she has set the terms. No investigation, no testimony. So now the Republicans face a choice. Cave to her demands for move on without her.
12. They should cave to her demands. The president can order the FBI to reopen posthaste Kavanaugh’s background check. Or they should abandon Kavanaugh. Whatever is less damaging.
13. (Trump signaled this morning that he’d make “a decision,” depending on how “believable” Ford is in testimony, per Roll Call.) But for now, they are appearing to choose the move-on-without-her option. This is bad, very bad.
14. Why? Imagine a committee of old men in their 80s talking to Kavanaugh about allegations against him by a woman not in the room.
15. This is all televised, mind you, so that everyone can see these old men in their 80s, who have already said she’s “mixed up,” “disgusting” and whatnot, sitting in judgment of a educated professional woman’s sexual history even as she is “effectively in hiding." Bad.
16. It would be better for the GOP if she testified. Now. But again, she set the terms. No investigation, no testimony.
17. So they are doing their best to force her into testifying by lying about her recollection of the night Kavanaugh allegedly forced himself on her, covered her mouth to stifle her screaming, while his friend looked on, laughing. Or by discrediting her.
18. Chuck Grassley, who runs the confirmation process, said yesterday afternoon: “It kind of raises the question do they want to come to the public hearing or not,” he said. “We still haven’t heard from Dr. Ford, so do they want to have the hearing or not?”
19. Grassley is walking into a trap. He can’t see it. He’s 85 years old! You can’t force a woman to testify about being a victim of sexual assault, because in forcing her, you will have violated the central tenet of all relationships of power: consent.
20. So: if they move forward without Ford, they will have done so without her consent. If they force her to testify, via subpoena, they will have done so without her consent.
21. The Republicans are already pretending they care about women’s rights as they install a man who will undermine them. Forcing her to cooperate would mean they can’t pretend anymore. That’s a high price. Are the Republicans willing to pay?
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