Monday, October 01, 2018

Non-rapey reasons against confirming Kavanaugh

While I do have feelings about the assault allegations against Kavanaugh, there are plenty of other reasons to not appoint him to the Supreme Court. I want to quickly go over those first, because they make it clear that he is not a great selection. That makes a lot of the indignation on Kavanaugh's behalf even more stupefying. Let's go over that aspect before we get into the rest.

1. Kavanaugh's a liar.

Yes, he did lie during this interview, even about very minor things like watching Dr. Ford's testimony.

That raises a separate point of interest in that it kind of paints him as a habitual liar, doing so instinctively even in the absence of a clear benefit. However, I am more concerned with false answers given to the Senate Judiciary Committee in previous years as he was considered for other appointments.

https://slate.com/news-and-politics/2018/09/brett-kavanaugh-lies-senate-testimony-supreme-court.html

The motivation for those lies was pretty clear - personal advancement - so that raises ethical questions. Beyond that, the lies were covering dishonest behavior that was politically-motivated and related to lower-court nominees. Granted, for the Republicans partisan dishonesty is probably part of what makes Kavanaugh most attractive, but still it should be possible and desirable to find someone cleaner.

2. Mysterious debt

One thing about a known liar - whether habitual or just sometimes when they are in a crunch - is that you can't trust other statements, even relatively probable ones.

That $200,000 debt having been accrued through season ticket purchases for friends and suddenly paid back right before confirmation hearings is not a probable story.

https://www.theatlantic.com/politics/archive/2018/07/new-strike-against-kavanaugh-season-tickets/565022/

The origin seems more likely to be gambling; the resolution seems more likely to be favors. Those are assumptions, but as conditions that could indicate Kavanaugh is compromised and has a weakness that could be easily exploited for further compromising, that makes him look like a terrible candidate.

Even if you can't find someone above reproach, you can find someone less obviously below reproach. You can also often clear up bad appearances through investigation. This is not being delved into enough.

3. Temperament

We probably would not have seen so much of Kavanaugh's lack of fit temperament without sexual assault allegations against him. Having seen it, it should not be ignored. It's not just that he avoided answering direct questions, had difficulty controlling his anger, and only really seemed comfortable talking when praising himself and his achievements (there were a few more lies in there, by the way), but also his inability to be deferential even to US senators.

I have seen some people justify his rudeness to Sen. Feinstein by calling her a liar; sure I can say, "No, that's him", but it goes beyond that. Senator Klobuchar expressed empathy as she asked about his drinking; he still avoided the question and threw it back at her. That was completely unprofessional.

His lack of respect was most evident with women, but even with his interaction with Patrick Leahy - interrupting, argumentative, evasive - isn't the Supreme Court supposed to have some dignity?

Yes, I realize Senator Leahy is a Democrat, but still, they are at least supposed to pretend to be non-partisan.

I know the conservative argument is that Democrats are just being obstructionist. I promise you it was not because everyone liked Neil Gorsuch so much that there were no comparable allegations about him.

I don't know who else was on the short list for this seat. They could have all been terrible, but that is more of a problem with the list. Regardless, the first allegations (I think we are at five complainants now) came while he was still on the short list, making an already terrible candidate look much worse.

It kind of makes you wonder why him, and why the rush.

Or maybe you already know, but I am still going to write about it tomorrow.


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