So If the FBI Isn’t Investigating Before Today’s Hearings, When Will It Happen?

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Just a thought before today’s rushed hearings in which Dr. Blazey Ford and Judge Kavanaugh will testify before the Senate Judiciary Committee, to be questioned by Democratic Senators and a hand-picked female investigator — who may or may not have marching orders — acting for the all-male Republicans:

Some people are probably lying.  My sense is that the first couple of accusations about Judge Kavanaugh have a ring of credibility — delivered (as in the Harvey Weinstein and Bill Cosby cases) by a fair amount of corroborating evidence — but that some of the latter accusations and defenses, with the former delving into hearsay and the latter involving claims that they rather than the then-pupal Judge were the actual gang-rape participants (or something), start to test credulity.  Some of this “poisoning of the well” regarding what is legitimate and what is illegitimate testimony is probably intentional, as casual observers will probably want to lump all the accusations and defenses together and judge them by the least persuasive instances among them — using the latter two-thirds of the strategy of “spreading Fear, Uncertainty, and Doubt.”

We simply can’t have that.

Don’t tell me that we’re in a rush to get a full Supreme Court lineup, because Republicans killed their ability to use that argument permanent when they stretched out the Merrick Garland nomination in 2016.  We can’t have this uncertainty hanging over the process not only because Kavanaugh is a prospective Supreme Court Justice, but but because he is a sitting District of Columbia Circuit Court of Appeals Judge.

We can’t have a lingering cloud over his integrity.  If he’s lying to Congress, or even something just short of lying, he needs to be impeached and removed from office.  If he’s not, then he needs to be exonerated.  This rushed hearing won’t do the latter.  And, for the former, an investigation will be needed.

Don’t kid yourself — that investigation will happen when — at this point, one doesn’t really even need to say “if” — Democrats take over the House of Representatives next January.  The President doesn’t have to allow an FBI investigation — under the “unitary executive” theory that we’ll be hearing so much more about after the election — but he can’t stop a house of Congress from conducting one.  And the more that it becomes clear that the Senate Republicans were rushing this process specifically to fend off new revelations — and to prevent an FBI investigation from taking place — the messier (and ultimately bloodier) things will get.

I really do appreciate it when Republicans try to get the Democratic Party to reform itself and to do what’s right — it aids the work I do within the Democratic Party.  So let me be blunt here to my Republican friends and colleagues: having Kavanaugh approved via a flawed process (as opposed to seeing someone untainted approved) is probably the best thing that could happen to Democrats and the worst thing to Republicans, because it will keep Democratic fury boiling for as long as the effects of his decisions last.  Republicans will be losing elections everywhere so decisively that even cheating won’t be able to help them.  This would not happen nearly as much if the person seated wasn’t being rushed into office — needlessly! — through a tainted process; this process itself is what will ultimately give Democrats license to impeach and remove Kavanaugh from office once the investigations do take place.  It would be impossible to remove Kavanaugh from office under normal circumstances — but having forced an accused attempted rapist — or even a confirmed rapist, by the fime investigations are completed — into lifetime office is about the only thing that could lead to Democrats winning 2/3 of the Senate, as early as 2020.

This is a self-inflicted wound for Republicans.  While I’d love to have a House and Senate that could override a Trump veto, you shouldn’t want it to happen.  A little procedural fairness here will do a long way.  We need people to decide whether they will lie to the professional investigators at the FBI — with all of the time they need to find the facts — or to tell the truth.  That will only happen if the FBI or a Select Committee investigates.  It’s better for everyone for that to happen before the confirmation of what will be a tainted Justice than afterwards.

About Greg Diamond

Somewhat verbose attorney, semi-disabled and semi-retired, residing in northwest Brea. Occasionally ran for office against jerks who otherwise would have gonr unopposed. Got 45% of the vote against Bob Huff for State Senate in 2012; Josh Newman then won the seat in 2016. In 2014 became the first attorney to challenge OCDA Tony Rackauckas since 2002; Todd Spitzer then won that seat in 2018. Every time he's run against some rotten incumbent, the *next* person to challenge them wins! He's OK with that. Corrupt party hacks hate him. He's OK with that too. He does advise some local campaigns informally and (so far) without compensation. (If that last bit changes, he will declare the interest.) His daughter is a professional campaign treasurer. He doesn't usually know whom she and her firm represent. Whether they do so never influences his endorsements or coverage. (He does have his own strong opinions.) But when he does check campaign finance forms, he is often happily surprised to learn that good candidates he respects often DO hire her firm. (Maybe bad ones are scared off by his relationship with her, but they needn't be.)