Why did I ever think it would matter?

Michelle Goldberg at the Times:

The restarted F.B.I. background check that seemed, a week ago, like a merciful concession to decency has instead been a cover-up. Agents didn’t even question Blasey or Kavanaugh. It’s not clear if they interviewed any of the more than 20 corroborating witnesses named by Deborah Ramirez, who claimed a drunken, aggressive Kavanaugh thrust his genitals into her face when they were students at Yale. The New Yorker reported that witnesses who tried to contact the F.B.I.were ignored; some ended up submitting unsolicited statements to the bureau.

Which were filed in the bottom drawer of a rusty filing cabinet in a sub-basement filled with piranhas.

Ultimately,

Of course; the fix is in. The FBI has handed over its “report” and the Republicans are saying it’s all good and that’s the end of that.

A leading Republican said Thursday that a new FBI report on Judge Brett M. Kavanaugh found “no hint of misconduct,” while Democrats called it incomplete and suggested that the White House limited the probe to protect President Trump’s Supreme Court nominee.

The headlines are full of stories on people who had relevant information who could not get the FBI to talk to them.

“There’s nothing in it that we didn’t already know,” Judiciary Committee Chairman Charles E. Grassley (R-Iowa) said in a statement after being briefed on the FBI report by his staff.

Oof, this is powerful: an open letter by 650 (and rising) law professors saying Kavanaugh does not have the temperament. It’s going to the Senate tomorrow.

Judicial temperament is one of the most important qualities of a judge. As the Congressional Research Service explains, a judge requires “a personality that is even-handed, unbiased, impartial, courteous yet firm, and dedicated to a process, not a result.” The concern for judicial temperament dates back to our founding; in Federalist 78, titled “Judges as Guardians of the Constitution,” Alexander Hamilton expressed the need for “the integrity and moderation of the judiciary.”

We are law professors who teach, research and write about the judicial institutions of this country. Many of us appear in state

Laurence Tribe writes in the Globe that Kavanaugh, if confirmed, will vote to kill Roe v Wade, and was tricksy about it in the hearings.

Several senators have said they would not vote to confirm Judge Brett Kavanaugh as a Supreme Court justice if they believed he would vote to undo the basic protections for women upheld in Roe v. Wade and other cases. So if his testimony and his meetings with those senators had exposed that as his almost-certain path, they would vote no.

But the only reason his public testimony and private meetings didn’t reveal such a clear inclination is that Judge Kavanaugh dissembled about his views, calling the Supreme Court’s abortion rulings “precedent on precedent,”

Benjamin Wittes wrestles with the Kavanaugh issue.

I have a long relationship with Kavanaugh, and I have always liked him. I have admired his career on the D.C. Circuit. I have spoken warmly of him. I have published him. I have vouched publicly for his character—more than once—and taken a fair bit of heat for doing so.

He advised Kavanaugh (also at The Atlantic) to withdraw unless he could dispute Ford’s account without leaving a scorched earth behind.

Kavanaugh, needless to say, did not take my advice. He stayed in, and he delivered on Thursday, by way of defense, a howl of rage. He went on the attack not against Ford—for that we can be grateful—but against Democrats

Sheryl Gay Stolberg in the Times yesterday:

Democratic efforts to highlight sexual assault charges that are more than 30 years old have been dismissed by supporters of Judge Brett M. Kavanaugh as the dredgings of ancient history. But the judge’s response to those accusations has raised new issues that go to the core of who President Trump’s Supreme Court nominee is right now: his truthfulness, his partisanship and his temperament.

And, in my view, his ability to reason. Sure, we all get that he’s livid because the allegations are about him and not someone else. It’s human to take things personally; it’s human to go ballistic when it’s you and look on with calm detachment when it’s not you. … Read the rest

Laurence Tribe makes an interesting point.

https://twitter.com/tribelaw/status/1047152614587154432

I hadn’t really thought about it in that light. He created a visible conflict of interest for himself with all that raging at “the left” and Democrats.… Read the rest

Another indication that Kavanaugh may have tried to stifle claims about his behavior:

In the days leading up to a public allegation that Supreme Court nominee Brett Kavanaugh exposed himself to a college classmate, the judge and his team were communicating behind the scenes with friends to refute the claim, according to text messages obtained by NBC News.

Kerry Berchem, who was at Yale with both Kavanaugh and his accuser, Deborah Ramirez, has tried to get those messages to the FBI for its newly reopened investigation into the matter but says she has yet to be contacted by the bureau.

The texts between Berchem and Karen Yarasavage, both friends of Kavanaugh, suggest that the nominee was personally talking with former

One of Kavanaugh’s lies that I find peculiarly exasperating, especially from a lawyer:

BRETT KAVANAUGH: Dr. Ford’s allegation is not merely uncorroborated. It is refuted by the very people she says were there, including by a longtime friend of hers – refuted.

But that’s bullshit and any lawyer would know that.

Most simply and obviously it’s bullshit because the people he’s talking about didn’t even say that, they said only what is reasonable: that they don’t remember it. How would they remember it? They weren’t there, remember? They were in the house but they were not in the room. They were downstairs in the living room, while the assault Ford describes happened upstairs in a bedroom with the door closed. … Read the rest