The Jury Talks Back


The Latest Efforts To Sink Brett Kavanaugh

Filed under: Uncategorized — Dana @ 10:59 am

[guest post by Dana]

[ I’ve been working on this post for a few days, but because the circumstances are fluid with new information coming out, I’m just going to throw it all together now, and let you have at it. If I’ve missed any updates, add them to the comments. ]

Just one week before the confirmation vote was set to happen, Sen. Diane Feinstein passed along information to federal investigators regarding an alleged incident of sexual misconduct involving nominee Brett Kavanaugh. The questionably-timed announcement was intentionally vague, as Feinstein declined to give any details, and redacted the identity of the accuser before handing over the information to the FBI:

The top Democrat on the Senate Judiciary Committee said Thursday that she received information from a person about Supreme Court nominee Brett M. Kavanaugh and referred it to federal investigators — but declined to make public any details, citing confidentiality issues.

The information came in a letter, which describes an alleged episode of sexual misconduct involving Kavanaugh when he was in high school, according to a person familiar with the matter. Democrats on the Judiciary Committee first learned about the contents of the letter at a meeting called at the last minute on Wednesday night. The letter had been relayed to Ranking Member Dianne Feinstein (Calif.) by Rep. Anna G. Eshoo (D-Calif.), two people familiar with the matter said.

“That individual strongly requested confidentiality, declined to come forward or press the matter further, and I have honored that decision,” Feinstein said in a statement. “I have, however, referred the matter to federal investigative authorities.”

(After last week’s embarrassing fiasco at the confirmation hearings, including the unbecoming theatrics of Kamala Harris and Cory Booker (only to be followed up by Hillary Clinton peddling an already proven lie), this latest effort to block confirmation of the nominee has a whiff of desperation. This especially after Harris’ manipulative and dishonest efforts to take down Kavanaugh ended up being a Big Nothing.)

After the FBI received the information, they passed on opening an investigation:

According to a person familiar with the matter, the FBI does not now plan to launch a criminal investigation of the matter, which would normally be handled by local authorities, if it was within the statute of limitations. The FBI instead passed the material to the White House, as an update to Kavanaugh’s background check, which already had been completed, the person said. The move is similar to what the bureau did when allegations were leveled against former White House aide Rob Porter.

An FBI official said, “Upon receipt of the information on the night of September 12, we included it as part of Judge Kavanaugh’s background file, as per the standard process.”

Also, there is a question about the timing of the announcement:

Ms. Feinstein, who received the letter from Ms. Eshoo’s office this summer, informed fellow Democrats on the Judiciary Committee about its existence and its contents on Wednesday evening but did not share the letter itself.

Sitting on the information and remaining closed-lipped about it both perplexed and frustrated her colleagues:

Sources familiar with Feinstein’s decision suggested that she was acting out of concern for the privacy of the accuser, knowing that the woman would be subject to fierce partisan attacks if she came forward. Feinstein also acted out of a sense that Democrats would be better off focussing on legal, rather than personal, issues in their questioning of Kavanaugh. Sources who worked for other members of the Judiciary Committee said that they respected the need to protect the woman’s privacy, but that they didn’t understand why Feinstein had resisted answering legitimate questions about the allegation. “We couldn’t understand what their rationale is for not briefing members on this. This is all very weird,” one of the congressional sources said. Another added, “She’s had the letter since late July. And we all just found out about it.”

Feinstein’s office later defended her handling of the information:

Senator Feinstein was given information about Judge Kavanaugh through a third party. The Senator took these allegations seriously and believed they should be public. However, the woman in question made it clear she did not want this information to be public. It is critical in matters of sexual misconduct to protect the identity of the victim when they wish to remain anonymous, and the senator did so in this case.

Yet, as Charles C.W. Cooke points out, this isn’t exactly what she did:

But Feinstein hasn’t done that. Rather, by trickling out bombshell insinuations while denying anyone a chance to evaluate them, she’s played both sides. Worse still, having caused a cynical one-way firestorm, she’s now praising herself for her discretion.

Now, about the alleged incident:

In the letter, the woman alleged that, during an encounter at a party, Kavanaugh held her down, and that he attempted to force himself on her. She claimed in the letter that Kavanaugh and a classmate of his, both of whom had been drinking, turned up music that was playing in the room to conceal the sound of her protests, and that Kavanaugh covered her mouth with his hand. She was able to free herself. Although the alleged incident took place decades ago and the three individuals involved were minors, the woman said that the memory had been a source of ongoing distress for her, and that she had sought psychological treatment as a result.

It doesn’t say whether the this was reported to law enforcement at the time.

Kavanaugh emphatically denies that this ever happened:

I categorically and unequivocally deny this allegation. I did not do this back in high school or at any time.

Also, Kavanaugh’s classmate has gone on the record to counter the accuser’s claims. Mark Judge, a writer in Washington, D.C. told the Weekly Standard:

“It’s just absolutely nuts. I never saw Brett act that way.”

Judge says he first learned he was named in the letter during an interview with the New Yorker. “[Ronan Farrow] said: As you know, you’re named in the letter. And I did not know,” he said.

The Kavanaugh classmate told TWS that the New Yorker did not provide him the name of the woman alleging wrongdoing, a specific date of the alleged incident, or the location where the incident is alleged to have occurred. The woman alleging misconduct has requested that her identity be protected, according to media reports.

I asked Judge if he could recall any sort of rough-housing with a female student back in high school (an incident that might have been interpreted differently by parties involved). “I can’t. I can recall a lot of rough-housing with guys. It was an all-boys school, we would rough-house with each other,” he said said. “I don’t remember any of that stuff going on with girls.”

Yesterday, 65 women who knew Brett Kavanaugh in high school sent a letter to Senators Grassley and Feinstein outlining their support for the nominee:

We are women who have known Brett Kavanaugh for more than 35 years and knew him while he attended high school between 1979 and 1983. For the entire time we have known Brett Kavanaugh, he has behaved honorably and treated women with respect. We strongly believe it is important to convey this information to the Committee at this time.

The signers of this letter hold a broad range of political views. Many of us are not lawyers, but we know Brett Kavanaugh as a person. And he has always been a good person.

(Responding to skeptics, Virginia Hume, who also signed the letter, explained how the letter came about.)

If this ends up being nothing but a smear campaign, Allapundit reminds us about the long-term impact of such a campaign:

Speculation like we’re engaged in right now is precisely what the smear would be designed to achieve. They can’t stop Kavanaugh’s confirmation but they can certainly try to delegitimize him, whether to call his decisions on the Court into question among liberals or to goose turnout for their party this fall or both. The sensational detail about referring the matter to the FBI is a master stroke of ratf*cking: No matter where this goes now, even if it completely disappears off the national radar screen, it’ll pass into progressive lore that Kavanaugh is some sort of sex criminal who not only doesn’t deserve to be on the bench but should actually be doing time somewhere…

It will stay on the national radar for awhile, though, as either Feinstein or Eshoo or one of their staffers is destined to leak something. Maybe liberals will end up spinning it out into their very own version of QAnon. “Breadcrumbs” about the secret Feinstein letter all the way to Election Day.

So here we are: Sen. Feinstein never asked Kavanaugh about the alleged incident, nor brought it to his attention, whether behind closed doors or during the hearing. Further, she did not tell her colleagues on the committee that she had the information. The identity of the accuser remains unknown. The accuser does not want to pursue the matter any further. The vote is scheduled for next week to confirm Kavanaugh.

Sen. Orrin Hatch released a statement expressing his frustration with this turn of events. In part:

I do not intend to allow Judge Kavanaugh’s confirmation to be stalled because of an 11th hour accusation that Democrats did not see fit to raise for over a month. The Senator in the best position to determine the credibility of these accusations made the conscious decision not to take action on them, and the authorities to whom the accusations have been referred have decided not to take action either.

Every accuser deserves to be heard. But a process of verification is also necessary. In this case, the accusations were made in a private letter, which has been misrepresented in a number of media stories, from an accuser who has declined to go public and has asked for privacy. The letter sent to investigators has had her name redacted, meaning no further investigation could take place. The claims are wholly unverifiable, and come at the tail-end of a process that was already marred by ugly innuendo, dishonesty, and the nastiest form of our politics. The American people deserve much better from the Senate as an institution.

Yet in spite of this, this seems to be where the dial has now moved:


Personally speaking, I could have expressed it any better:

If this Kavanaugh charge is true, damn him. If it isn’t, damn the accusers — because a charge like this leaves a mark hard to efface.



  1. This is easy for me, and I don’t think it’s partisan since Kavanaugh is ok but not my favorite choice.

    If she wants to stop Kavanaugh from being confirmed, the accuser must come forward, tell her story, and let her story be tested for credibility. Some people will believe every word and some will not believe anything she says, but the only fair and reasonable way to go forward is with public transparency. Anonymous accusations should be given no credibility.

    Comment by DRJ — 9/15/2018 @ 11:45 am

  2. Off-topic, but speaking of sinking, God bless the Cajun Navy and everyone impacted by TS Florence.

    Comment by DRJ — 9/15/2018 @ 12:00 pm

  3. Kavanaugh does not exactly seem like a Roy Moore type….especially with the clear support of so many fellow high school female classmates and no other accusations. It’s tragic that this is even allowed to come out….but that’s where we are at as a society.

    Comment by AJ_Liberty — 9/15/2018 @ 5:59 pm

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