# Can Democrats actually stop the nomination of Brett Kavanaugh? **URL:** \ **Category:** Politics & Elections\ **Created:** [September 4, 2018, 12:49pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733 "2018-09-04T12:49:41Z")\ **Posts on this page:** 20\ **Page:** 112
**Author:** ![you\_with\_the\_face](https://avatars.discourse-cdn.com/v4/letter/y/ecccb3/32.png) [@you\_with\_the\_face](https://boards.straightdope.com/u/you_with_the_face)\ **Post date:** [September 21, 2018, 6:24am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2221 "2018-09-21T06:24:03Z")
So **HD** ,you’re saying you’d be fine with Whelan speculating Ford had you confused with Kavanaugh on the night she claimed Kavanaugh sexually assaulted her? If so, let my people get to work on this. ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [September 21, 2018, 6:38am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2222 "2018-09-21T06:38:41Z")
> [@you\_with\_the\_face](#): > > So **HD** ,you’re saying you’d be fine with Whelan speculating Ford had you confused with Kavanaugh on the night she claimed Kavanaugh sexually assaulted her? > > If so, let my people get to work on this. I wouldn’t be “fine” with it, but I don’t think it amounts to actionable libel. I believe that’s called an “excluded middle”. IANAL though, and won’t be the judge or on the jury if it comes to a trial, so my opinion on the matter isn’t terribly relevant. I suspect you’re in the same boat. ---
**Author:** ![you\_with\_the\_face](https://avatars.discourse-cdn.com/v4/letter/y/ecccb3/32.png) [@you\_with\_the\_face](https://boards.straightdope.com/u/you_with_the_face)\ **Post date:** [September 21, 2018, 6:53am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2223 "2018-09-21T06:53:37Z")
> [@HurricaneDitka](#): > > I wouldn’t be “fine” with it, but I don’t think it amounts to actionable libel. I believe that’s called an “excluded middle”. IANAL though, and won’t be the judge or on the jury if it comes to a trial, so my opinion on the matter isn’t terribly relevant. I suspect you’re in the same boat. It’s not going to trial. Again, for the upteenth time, this a just a confirmation hearing. An extra elaborate job interview, in other words. “Actionable” libel, who the fuck cares? You know damn well you’d be upset if someone tried to blame you for an offense they’d been accused of, for no reason except that you happened to look like them. ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [September 21, 2018, 7:03am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2224 "2018-09-21T07:03:31Z")
> [@you\_with\_the\_face](#): > > It’s not going to trial. … Perhaps you missed the conversation we were having: > [@Measure\_for\_Measure](#): > > More: Whelan’s potentially libelous comments, essentially accusing a non-public figure of attempted rape… > [@HurricaneDitka](#): > > I’m pretty certain he was explicitly NOT accusing a non-public figure of attempted rape: > [@Evil\_Economist](#): > > … I suspect he’ll have the opportunity to test that pathetic little disclaimer in court. > [@Measure\_for\_Measure](#): > > … I trust a certain middle school teacher has received offers from a few libel lawyers. … I happen to agree with you: I don’t think it’s going to trial either, but if you can’t see that that was what was being discussed … I’m amazed. ---
**Author:** ![Sage\_Rat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sage_rat/32/399_2.png) [@Sage\_Rat](https://boards.straightdope.com/u/Sage_Rat)\ **Post date:** [September 21, 2018, 7:12am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2225 "2018-09-21T07:12:47Z")
The Ford matter be as it may, the spying email seemed like a slam dunk on perjury. Did that somehow get disproved? Or was the topic insufficiently sexy and so everyone moved on? ---
**Author:** ![you\_with\_the\_face](https://avatars.discourse-cdn.com/v4/letter/y/ecccb3/32.png) [@you\_with\_the\_face](https://boards.straightdope.com/u/you_with_the_face)\ **Post date:** [September 21, 2018, 7:18am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2226 "2018-09-21T07:18:02Z")
Mea culpa; I thought the trial you were alluding to was in reference to Ford’s allegation, not Whelan’s assertion. I’m not a lawyer so I don’t know what needs to be proven to sue for libel. But can we agree that if Kavanaugh is behind this speculation, it makes him look unethical at a minimum? ---
**Author:** ![Kolak\_of\_Twilo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kolak_of_twilo/32/73_2.png) [@Kolak\_of\_Twilo](https://boards.straightdope.com/u/Kolak_of_Twilo)\ **Post date:** [September 21, 2018, 7:22am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2227 "2018-09-21T07:22:07Z")
> [@you\_with\_the\_face](#): > > …You know damn well you’d be upset if someone tried to blame you for an offense they’d been accused of, for no reason except that you happened to look like them. …for no reason except that you happened to _vaguely_ look like them…as claimed by a friend of the person originally accused in which said friend is a self-proclaimed expert on ethics. **Ethics.** Bwahaha. _ **BWAAAAAH** _-_hahahaha hahaha hahahahaha_ ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [September 21, 2018, 7:29am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2228 "2018-09-21T07:29:27Z")
> [@you\_with\_the\_face](#): > > …can we agree that if Kavanaugh is behind this speculation, it makes him look unethical at a minimum? Yes. Can we also agree that no evidence has, as of yet, been presented to suggest that he is (behind this speculation)? ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [September 21, 2018, 7:33am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2229 "2018-09-21T07:33:29Z")
> [@you\_with\_the\_face](#): > > I’m not a lawyer so I don’t know what needs to be proven to sue for libel. But can we agree that if Kavanaugh is behind this speculation, it makes him look unethical at a minimum? That a written statement which tends to reduce a persons standing and reputation is published. ---
**Author:** ![you\_with\_the\_face](https://avatars.discourse-cdn.com/v4/letter/y/ecccb3/32.png) [@you\_with\_the\_face](https://boards.straightdope.com/u/you_with_the_face)\ **Post date:** [September 21, 2018, 7:37am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2230 "2018-09-21T07:37:09Z")
> [@HurricaneDitka](#): > > Yes. Can we also agree that no evidence has, as of yet, been presented to suggest that he is (behind this speculation)? [There is evidence](https://mobile.twitter.com/joshtpm/status/1042971751297310720), so no can do. ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [September 21, 2018, 7:40am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2231 "2018-09-21T07:40:48Z")
… ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [September 21, 2018, 7:52am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2232 "2018-09-21T07:52:21Z")
[Kavanaugh tells Hatch accusation may be mistaken identity](https://www.yahoo.com/news/kavanaugh-tells-hatch-accusation-may-201746510.html) seems to be the source. It does NOT say “Kavanaugh said it might have been Garrett” or anything along those lines. Your tweet says that Hatch’s deputy chief of staff previewed a scoop and “Hatch has been in close contact with Kavanaugh”. There are several leaps in logic to get from there to “evidence” that “Kavanaugh is behind this speculation”. ---
**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\ **Post date:** [September 21, 2018, 8:54am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2233 "2018-09-21T08:54:01Z")
> [@Little\_Nemo](#): > > … Kavanaugh’s approval ratings among Republicans not only held steady, they actually went up after he was accused of sexual assault. Well hell, I wonder why Republicans don’t want to run him for President. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [September 21, 2018, 9:03am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2234 "2018-09-21T09:03:29Z")
> [@Little\_Nemo](#): > > Here’s an interesting [graph](http://media4.s-nbcnews.com/i/newscms/2018_38/2573391/net_support_for_kavanaugh_by_party_july-present_republicans_net_support_democrats_net_support_independents_net_support_chartbuilder_03dbeb5ebea188f703e4fc9de7da1221.png). It shows the results of approval polls for Kavanaugh over a three month period. > > No surprises that his approval ratings are lowest among Democrats and highest among Republicans, with independents in the middle. And no surprise that his approval ratings have dipped among Democrats and independents in September as the sexual assault allegations have become public. > > But what surprises me is his approval ratings among Republicans over the same time period. Kavanaugh’s approval ratings among Republicans not only held steady, they actually went up after he was accused of sexual assault. We’re learning a lot about the personal moral character of many of our fellow Americans. ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [September 21, 2018, 9:42am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2235 "2018-09-21T09:42:40Z")
For those of you with TPM Prime subscriptions, there’s a [great piece by Tierney Sneed](https://talkingpointsmemo.com/prime-beta/grassleys-blasey-ford-letter-doesnt-give-a-full-picture-of-the-process-for-vetting-noms) (doing an amazing job, being recognized more and more :)) about the use of supplemental FBI background investigations. The upshot: while only the White House has the power to have the FBI do such an additional investigation, it’s fairly routine for Senate committees to ask the White House to have the FBI do one when they’ve got more questions that require delving further into the nominee’s background, and it’s generally a matter of course for the White House to have the FBI investigate per the committee’s request - and Grassley in particular has made frequent use of this. She adds that the committee has excellent leverage here, because if the committee says it needs more info to reach a decision on a nomination, the White House has a choice between having the FBI investigate further, or pulling the nomination. So (my interpretation now) Grassley’s basically bullshitting us when he says he can’t make the FBI investigate. Technically he’s telling the truth, but only technically. ---
**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\ **Post date:** [September 21, 2018, 10:00am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2236 "2018-09-21T10:00:51Z")
> [@Evil\_Economist](#): > > I suspect he’ll have the opportunity to test that pathetic little disclaimer in court. Ken White (Popehat) [called it](https://twitter.com/Popehat/status/1042905128674648064) “Beach House Defamation…because though it is not actually defamation, some lawyer may make a very large amount of money establishing that.” ---
**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\ **Post date:** [September 21, 2018, 11:58am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2237 "2018-09-21T11:58:02Z")
I predict by this time next week the nomination will be withdrawn. What’s open to speculation is who will Republicans stop whining about first: Bork or Kavanaugh? ---
**Author:** ![you\_with\_the\_face](https://avatars.discourse-cdn.com/v4/letter/y/ecccb3/32.png) [@you\_with\_the\_face](https://boards.straightdope.com/u/you_with_the_face)\ **Post date:** [September 21, 2018, 12:27pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2238 "2018-09-21T12:27:25Z")
> [@HurricaneDitka](#): > > [Kavanaugh tells Hatch accusation may be mistaken identity](https://www.yahoo.com/news/kavanaugh-tells-hatch-accusation-may-201746510.html) seems to be the source. It does NOT say “Kavanaugh said it might have been Garrett” or anything along those lines. Your tweet says that Hatch’s deputy chief of staff previewed a scoop and “Hatch has been in close contact with Kavanaugh”. There are several leaps in logic to get from there to “evidence” that “Kavanaugh is behind this speculation”. It takes a great deal of mental bullshittery to think Hatch would’ve been working with Whelan on this but not Kanavaugh. The man who is: 1. at the center of this controversy and is expected to answer questions about it 2. personal friends with Whelan 3. reportedly told Hatch he thought mistaken identity was at play right before Whelan’s stupid tweet went out 4. the only one between the three of them that went to Georgetown Prep, would’ve known that Garrett was BK’s supposed lookalike, and knew the location of Garrette’s home relative to the country club mentioned in Ford’s story. It doesn’t take “several leaps of logic” to connect this shit to Kanavaugh. It takes several truckloads of willful obtuseness to act as if Whelan acted without his involvement and approval. ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [September 21, 2018, 12:50pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2239 "2018-09-21T12:50:21Z")
Nonzero chance that Whelan’s beautiful mind will be the straw that breaks the camel’s back on Kavanaugh. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [September 21, 2018, 12:52pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2240 "2018-09-21T12:52:02Z")
> [@Evil\_Economist](#): > > I have the advantage of never having committing felony sexual assault… Prove it. And simply denying it doesn’t count, because you might have been so drunk you don’t remember. Regards, Shodan [Previous page](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733.md?page=111) [Next page](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733.md?page=113)