# Can Democrats actually stop the nomination of Brett Kavanaugh?

**URL:** <https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733>\
**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:** 150

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**Author:** ![Ashtura](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ashtura/32/2963_2.png) [@Ashtura](https://boards.straightdope.com/u/Ashtura)\
**Post date:** [September 24, 2018, 1:56pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2981 "2018-09-24T13:56:09Z")

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> [@RTFirefly](#):
>
> I believe Kavanaugh is toast.
> 
> What I specifically believe is that today and tomorrow, Mitch McConnell will hear from a nontrivial number of Republican Senators whose message will be, “don’t make me vote on this, I’m screwed either way.” And Mitch will find a way to make that happen. He’s evil, but he’s not stupid.

Nah, at this point I want an investigation. One by the FBI into the claims. Another by, uh, somebody more competent, into how they could have missed these all of these allegations, particularly multiple instances of GANG RAPE over six background checks, which resulted in a man getting on the DC court of appeals. If he did it, I want him to burn, and I want whoever missed it to burn. If he didn’t do it, I want Avenatti to be sued into the poorhouse for slander.

My skepticism of the charges hinged primarily on my inability to conceive of this level of incompetency on the FBI’s part.

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [September 24, 2018, 1:58pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2982 "2018-09-24T13:58:22Z")

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> [@BobLibDem](#):
>
> Would it be too much for Kavanaugh to walk up to a mic and say “I’m innocent of these accusations and I would welcome an investigation by the FBI into these false accusations so that my confirmation will be without any suspicion of wrongdoing.”?

It might be. It would not surprise me at all if McConnell and Grassley asked him not to comment about the process in public.

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**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\
**Post date:** [September 24, 2018, 2:02pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2983 "2018-09-24T14:02:31Z")

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> **[Brett Kavanaugh: Embattled Trump nominee 'not going anywhere'](https://www.bbc.com/news/world-us-canada-45629767)**
>
> Brett Kavanaugh takes to Fox News with his wife to fight back against sexual assault allegations.

Trump is standing by his man. Gotta admit, the boy is stubborn.

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**Author:** ![DSeid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dseid/32/20194_2.png) [@DSeid](https://boards.straightdope.com/u/DSeid)\
**Post date:** [September 24, 2018, 2:04pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2984 "2018-09-24T14:04:22Z")

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> [@John\_Mace](#):
>
> Do we know he hasn’t? Trump is not famous for listening to advice from others. I expect we will get Kav’s views on an additional FBI investigation no later than Thursday this week.

We know that he has not done so publicly at least, and if wanted it to happen a public call for such would be the way to go.

> [@Jonathan\_Chance](#):
>
> Just let it go on a little while longer. Is that so much to ask?

Really, the positions being expressed by his defenders are appealing to a certain subpopulation, the one is that willing to rail that Fox is fake news when they report their poll showing that the public overall is believing Ford more than Kavanaugh, but they disgust most everyone else.

There is a group of men I think who remember doing things that they now regret having done in high school, and who would not want to have to even admit to having been that boy, let alone to have themselves judged now for then. But in college is a bit more adult and penis in the face, let alone the possibility of getting a woman drunk in order to take turns using her to masturbate inside of (and what is described is not “having sex”) … this gets more to Roy Moore level and these men thinking of their wives, sisters, and daughters, than of themselves. Family concern comes before political tribe for all but the most partisan.

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**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\
**Post date:** [September 24, 2018, 2:05pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2985 "2018-09-24T14:05:50Z")

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> [@Richard\_Parker](#):
>
> It depends on the hiring agency and the question. The CIA only looks back 7 years on drug questions, for example. There is no across-the-board time limit. But they are not at all designed to dig up sexual assault claims. They might stumble across them from time to time, but clearing the background check is not a reliable indicator of a crime-free past.

I’m confident that if asked directly, Kavanaugh would— after doing some quick math in his head— readily pinky-swear that he has not raped or tried to rape anyone in the past seven years.

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**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\
**Post date:** [September 24, 2018, 2:17pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2986 "2018-09-24T14:17:27Z")

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> [@RTFirefly](#):
>
> I believe Kavanaugh is toast.
> 
> What I specifically believe is that today and tomorrow, Mitch McConnell will hear from a nontrivial number of Republican Senators whose message will be, “don’t make me vote on this, I’m screwed either way.” And Mitch will find a way to make that happen. He’s evil, but he’s not stupid.

That’s depends on the reaction of the base. I did some checking of Conservative outlets both crazies like Breitbart and more normal ones like Townhall, National Review as well as WSJ are holding firm that confirmation should proceed. For now. Unlike Moore where only the crazies were supporting him.  
If the base demands a fight, then it’ll happen. I suspect it really depends on how Thursday goes. If he holds up and Ford gets cut to shreads\* it’ll go ahead. If not, then its over.

\*I suspect, if they do decide to fight, they are going to hammer Prof Ford during her appearance, which would not have been the case before Sunday. From what I have read of the Thomas-Hill saga, it was the hearings which got public opinion on his side.

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**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\
**Post date:** [September 24, 2018, 2:21pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2987 "2018-09-24T14:21:52Z")

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> [@UltraVires](#):
>
> If the Republicans allow this shit to stick, _ **they will never confirm another Supreme Court justice again!** _ The playbook is out in the open and they should not let the left use it.

You say that as though it\* would be a BAD thing…  
\*Here, the word “it” refers specifically to the emphasized portion of the text.

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**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\
**Post date:** [September 24, 2018, 2:23pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2988 "2018-09-24T14:23:52Z")

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> [@elucidator](#):
>
> Not really about evidence and proof as it is not about acquittal or conviction. Its about trust, its about putting enormous long-term power in his hands. Will anyone tell me that this is the best the Republican Party has to offer?

Yup.

Which is why the Republican Party needs to no longer exist.

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**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\
**Post date:** [September 24, 2018, 2:25pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2989 "2018-09-24T14:25:51Z")

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> [@UltraVires](#):
>
> If the Republicans allow this shit to stick, they will never confirm another Supreme Court justice again! The playbook is out in the open and they should not let the left use it.

Are the women in the Republican party also suspected rapists?

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**Author:** ![DSeid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dseid/32/20194_2.png) [@DSeid](https://boards.straightdope.com/u/DSeid)\
**Post date:** [September 24, 2018, 2:26pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2990 "2018-09-24T14:26:22Z")

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That is the dilemma for GOP senators and the reason for D partisans to have hope that this drags out.

As 538 today notes primaries have been won not by pragmatists or by virtue of any particular issue; they have been won by those Trump has endorsed. It is hard for them, within their own base, to go against what Trump wants. But the rest of the public had Kavanaugh as an unpopular choice _before_ Ford came out, more so since with more seeing her as truth-telling than him, and the latest bits? Yet they _have_ to repeat the talking points, even as they know how they goes over overall.

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**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\
**Post date:** [September 24, 2018, 2:27pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2991 "2018-09-24T14:27:34Z")

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> [@iiandyiiii](#):
>
> In my understanding of background checks, the FBI does not routinely dig for dirt, but rather checks financial records and interviews friends of the one being investigated. I had a background check for my security clearance (2, in fact), and neither one dug into any of my college drinking/partying habits in any way. They interviewed friends and coworkers, dug into my (very little at the time) financial background, and that was about it.

I am going to say this say with the greatest of respect. Unless you were working in the White House or were a Federal Judge, you cannot compare your background check would what Kavanaugh or anyother similarly placed person went through. It would be stupidity to do so. Lots of people have security clearances. Something approaching a million in fact. They don’t treat every one the same. People at the top of the pyramid get examined in excrutiatingly minute detail. They would look for substance abuse problems as well as sexual proclivities. And something like “_he ran a gangrape group when he was a teenager”_ is something that you would expect to be discovered in such a check. As **Ashtura** says, the fact it might not have, would be worrying on its own.

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [September 24, 2018, 2:27pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2992 "2018-09-24T14:27:52Z")

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> [@DSeid](#):
>
> We know that he has not done so publicly at least, and if wanted it to happen a public call for such would be the way to go.

See the post two above yours.

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**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\
**Post date:** [September 24, 2018, 2:31pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2993 "2018-09-24T14:31:31Z")

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> [@Ravenman](#):
>
> Are the women in the Republican party also suspected rapists?

Interestingly Kavanaugh was chosen since he was seen as more moderate on the issue of abortion, then Trumps perferred choice, Amy Coney Bennett. Who will be more difficult to oppose.

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**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\
**Post date:** [September 24, 2018, 2:36pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2994 "2018-09-24T14:36:20Z")

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> [@AK84](#):
>
> People at the top of the pyramid get examined in excrutiatingly minute detail. They would look for substance abuse problems as well as sexual proclivities. And something like “_he ran a gangrape group when he was a teenager”_ is something that you would expect to be discovered in such a check.

This does not at all match what I’ve been reading about FBI background checks these past couple of weeks. What’s your source for this claim?

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**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 24, 2018, 2:36pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2995 "2018-09-24T14:36:42Z")

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> [@AK84](#):
>
> I am going to say this say with the greatest of respect. Unless you were working in the White House or were a Federal Judge, you cannot compare your background check would what Kavanaugh or anyother similarly placed person went through. It would be stupidity to do so. Lots of people have security clearances. Something approaching a million in fact. They don’t treat every one the same. People at the top of the pyramid get examined in excrutiatingly minute detail. They would look for substance abuse problems as well as sexual proclivities. And something like “_he ran a gangrape group when he was a teenager”_ is something that you would expect to be discovered in such a check. As **Ashtura** says, the fact it might not have, would be worrying on its own.

I have been involved in two high-level appointments requiring extensive background checks similar to what a federal COA judge gets. You are simply wrong to believe they do any kind of investigation into whether acquiantances might have sexual assault claims. They spend a ton of time looking at stuff like tax payments going back many years, but the interviews with people two or three degrees removed from the nominee are very cursory. They would never have talked to someone like Ford or Ramirez. They would have talked to Judge. What would you expect him to have said, exactly?

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**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 24, 2018, 2:39pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2996 "2018-09-24T14:39:52Z")

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> [@AK84](#):
>
> I am going to say this say with the greatest of respect. Unless you were working in the White House or were a Federal Judge, you cannot compare your background check would what Kavanaugh or anyother similarly placed person went through. It would be stupidity to do so. Lots of people have security clearances. Something approaching a million in fact. They don’t treat every one the same. People at the top of the pyramid get examined in excrutiatingly minute detail. They would look for substance abuse problems as well as sexual proclivities. And something like “_he ran a gangrape group when he was a teenager”_ is something that you would expect to be discovered in such a check. As **Ashtura** says, the fact it might not have, would be worrying on its own.

I’m sure it was a lot more than I experienced, but why would we expect all this would be discovered? For one thing, there are a non-trivial number of other judges at various levels who were forced to resign after incidents of bad behavior were discovered. If the background checks didn’t prevent them from getting through, why would they stop Kavanaugh (if the allegations are true)? Powerful men have been getting away with this kind of shit for centuries, with the system in their pocket. Why would anyone expect that the system has suddenly improved to the point that powerful men won’t be able to get away with it any longer purely on the basis of background checks?

So no, I would not expect that this stuff would be found out in a general background check, without specific allegations.

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [September 24, 2018, 2:41pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2997 "2018-09-24T14:41:28Z")

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According to this report, the reporters who brought out the latest allegation did not originally hear it from her. That conversations among people who knew about it started the rumor that pointed to her as the victim, and the reporters then went to _her_, rather than the other way around, and she was reluctant. Took six days before she agreed.

**New Yorker’s Mayer: Ramirez Was Not Initial Source—Other Yale Grads Were**  
[https://talkingpointsmemo.com/news/jane-mayer-says-ramirez-not-original-source-heard-from-other-yale-grads](https://talkingpointsmemo.com/news/jane-mayer-says-ramirez-not-original-source-heard-from-other-yale-grads)

(Talking Points Memo, without which no citizen can hope to be well-informed.)

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [September 24, 2018, 2:55pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2998 "2018-09-24T14:55:15Z")

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> [@elucidator](#):
>
> According to this report, the reporters who brought out the latest allegation did not originally hear it from her. That conversations among people who knew about it started the rumor that pointed to her as the victim, and the reporters then went to _her_, rather than the other way around, and she was reluctant. Took six days before she agreed.
> 
> **New Yorker’s Mayer: Ramirez Was Not Initial Source—Other Yale Grads Were**  
> [New Yorker’s Mayer: Ramirez Was Not Initial Source—Other Yale Grads Were - TPM – Talking Points Memo](https://talkingpointsmemo.com/news/jane-mayer-says-ramirez-not-original-source-heard-from-other-yale-grads)
> 
> (Talking Points Memo, without which no citizen can hope to be well-informed.)

However, The New York Times reported that it had “interviewed several dozen people over the past week in an attempt to corroborate her story, and could find no one with firsthand knowledge.”

[https://www.axios.com/brett-kavanaugh-republican-response-misconduct-1fb0e435-c80d-41d1-929b-75d6ceb0443c.html](https://www.axios.com/brett-kavanaugh-republican-response-misconduct-1fb0e435-c80d-41d1-929b-75d6ceb0443c.html)

So which is it?

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<div class="post-metadata">

**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\
**Post date:** [September 24, 2018, 2:57pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/2999 "2018-09-24T14:57:11Z")

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NYT, WaPo and others passed on the story apparently.

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**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 24, 2018, 3:00pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/3000 "2018-09-24T15:00:40Z")

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There is no contradiction. Try using your logic skills.

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