# 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:** 278

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**Author:** ![John\_Stamos\_Left\_Ear](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_stamos_left_ear/32/3198_2.png) [@John\_Stamos\_Left\_Ear](https://boards.straightdope.com/u/John_Stamos_Left_Ear)\
**Post date:** [October 2, 2018, 1:06am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5542 "2018-10-02T01:06:07Z")

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> [@bobot](#):
>
> I surely welcome the day when Democrats decide to fight back. God, anyone remember the Democratic outrage when McFuckme refused to hold hearings on Obama’s nominee? I jest, remember the Sunday morning talk show finger waving? That’s all there was. I know this is a stretch, but just what if Democrats had a little fire in the belly then?

I’m not sure what you expected Democrats to do then or now? Way back at the OP of this very thread - and if that was too far back, it’s still the subject - the question was asked if Democrats could actually stop the nomination. The answer then was a resounding no.

And really, that hasn’t changed. After the FBI wraps up their investigation - one which depending on who you ask is being limited by the Trump administration - there is nothing stopping every Republican including Collins and Flake from delivering a “Yes” vote and there is fuck-all Democrats can do.

Conversely, there wasn’t much they could do about Garland either. What did you think they could do? Please tell the class.

The thing is that elections have consequences and the Senate has rules. Being in the minority party means you have very little power to do anything. Republicans never have to consider what Democrats want and in fact when they do it’s usually limited to how to best “stick it to the libs.”

The time to fight for Garland’s nomination happened in the 2014 midterms. That ship sailed. It also could have been fought in the 2016 election as a win by Hillary Clinton and taking back the Senate would have changed things. That didn’t happen either.

As far as I can see Democrats did everything in their power to get Garland voted on and to delay the vote of Kavanaugh. They just didn’t (and don’t) have enough of the power.

If Kavanaugh does not get confirmed, it will be because Democrats dragged the confirmation process to where they had to listen to Ford and they managed to convince Flake to do literally the least he could do by not killing it but demanding an investigation. Hell, Feinstein has been pilloried even by other liberals and Republicans still feel she was involved in dirty tricks.

Criticizing Democrats for Garland and Kavanaugh lacks an understanding of the process or their ability to influence it.

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**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:** [October 2, 2018, 1:20am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5543 "2018-10-02T01:20:49Z")

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> [@John\_Stamos\_Left\_Ear](#):
>
> …  
> As far as I can see Democrats did everything in their power to get Garland voted on …

Well, as long as you’re satisfied, then. Sweet dreams.

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**Author:** ![monstro](https://avatars.discourse-cdn.com/v4/letter/m/ba9def/32.png) [@monstro](https://boards.straightdope.com/u/monstro)\
**Post date:** [October 2, 2018, 1:22am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5544 "2018-10-02T01:22:33Z")

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> [@Evil\_Economist](#):
>
> [Comment](https://abovethelaw.com/2018/10/akin-gump-partner-is-the-woman-who-has-texts-that-suggest-kavanaugh-was-trying-to-discredit-ramirez-story-prior-to-publication/)on a legal blog I occasionally read regarding the person who tried to go to the FBI with the incriminating texts:
> 
> Berchem is partner at Akin Gump. She says she has been trying to contact the F.B.I. to share her information with them, but has been unsuccessful. It’s worth noting that if an Akin Gump partner can’t get the F.B.I.’s attention, that means the F.B.I. doesn’t want to dig deeply into Ramirez’s claims. Biglaw partners know somebody who knows somebody who has worked for the USAO. You can get in contact with somebody at the F.B.I. unless they are actively ignoring you.

This is amazing. If this was happening on a TV show, I would find it way too unrealistic.

I really don’t know what the WH’s game plan is. The obvious explanation is that they just no longer give a fuck about anything but confirming Kavanaugh. But I’d like to think that appearances matter even to them. If not, then we truly are living under a fascist government.

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**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\
**Post date:** [October 2, 2018, 1:24am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5545 "2018-10-02T01:24:52Z")

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[Text messages suggest Kavanaugh wanted to refute accuser’s claim before it became public](https://www.nbcnews.com/politics/supreme-court/mutual-friend-ramirez-kavanaugh-anxious-come-forward-evidence-n915566)

This story was linked earlier, but somehow I missed this…

> [@](#):
>
> Further, the texts show Kavanaugh may need to be questioned about how far back he anticipated that Ramirez would air allegations against him. Berchem says in her memo that Kavanaugh “and/or” his friends “may have initiated an anticipatory narrative” as early as July to “conceal or discredit” Ramirez.

July! Is there any innocent explanation for that?

This also reminds me of how quickly the letter from the 65 women was put together. It really did seem at the time that they were ready for something from high school involving women to surface and had done some ground work in preparation. I think that needs to be revisited.

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**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\
**Post date:** [October 2, 2018, 1:45am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5546 "2018-10-02T01:45:58Z")

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> [@DragonAsh](#):
>
> Because there’s already a far more compelling claim, from a far more reliable source, already on the table.  
> Also, you’re a disgusting human being.

This is a warning for personal insults.

[/moderating]

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**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\
**Post date:** [October 2, 2018, 1:50am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5547 "2018-10-02T01:50:04Z")

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Typically we don’t take action to prohibit various sources - they can be refuted on the merits. 4chan IMO is particularly odious, but the same rationale would apply to them as any other questionable source.

But given the apparent hijack as a result, I’m going to instruct folks to drop the 4chan hijack and the fruits of that tree.

[/moderating]

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**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [October 2, 2018, 1:59am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5548 "2018-10-02T01:59:40Z")

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> [@Lance\_Turbo](#):
>
> … July! Is there any innocent explanation for that? …

Without seeing the actual text messages, it’s hard to say. I’m having a difficult time thinking of a charitable reason for NBC to keep them secret, but anyways, “and/or” and “may have” seriously undercut the narrative here.

ETA: That story seems long on innuendo and short on facts.

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**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:** [October 2, 2018, 2:02am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5549 "2018-10-02T02:02:13Z")

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> [@Lance\_Turbo](#):
>
> This also reminds me of how quickly the letter from the 65 women was put together. It really did seem at the time that they were ready for something from high school involving women to surface and had done some ground work in preparation. I think that needs to be revisited.

I know, right?

If he reached out to Yale classmates to get them on his side, it also makes me wonder if he reached out to Mark Judge and others.

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**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [October 2, 2018, 2:20am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5550 "2018-10-02T02:20:52Z")

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On another note, Avenatti’s client, Swetnick, seems to have had a rough couple of days:

> [@](#):
>
> Before airing the interview, Snow said: “NBC News, for the record, has not been able to independently verify her claims. There are things she told us on camera that differ from her written statements last week.”

[source](https://www.hollywoodreporter.com/news/nbc-news-sits-down-kavanaugh-accuser-julie-swetnick-but-cant-verify-claims-1148414)

> [@](#):
>
> She provided four names to NBC News that she said could confirm her descriptions of the parties in the 1980s. NBC News contacted all four: one said they did not remember a Julie Swetnick, one was dead, and two did not respond, per Snow.

[source](https://www.mediaite.com/tv/watch-kavanaugh-accuser-julie-swetnick-backtracks-on-some-claims-in-extensive-nbc-news-interview/)

How does one not even confirm that a corroborating witness is ALIVE, let alone that they can actually corroborate the story, before giving the name to the media? Half-assed effort Avenatti, half-assed.

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**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [October 2, 2018, 2:23am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5551 "2018-10-02T02:23:12Z")

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Also, McConnell says the vote will be this week, but it sounds like they may not have started the 30-hour debate clock yet.

> **[McConnell: Senate will hold Kavanaugh vote ‘this week’](https://thehill.com/homenews/senate/409340-mcconnell-senate-will-hold-kavanaugh-vote-this-week/)**
>
> Senate Majority Leader Mitch McConnell (R-Ky.) said the Senate will hold a vote on Brett Kavanaugh’s Supreme Court nomination this week.”The time for endless delay and obstruction has c…

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**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\
**Post date:** [October 2, 2018, 2:26am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5552 "2018-10-02T02:26:12Z")

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> [@HurricaneDitka](#):
>
> Without seeing the actual text messages, it’s hard to say. I’m having a difficult time thinking of a charitable reason for NBC to keep them secret, but anyways, “and/or” and “may have” seriously undercut the narrative here.
> 
> ETA: That story seems long on innuendo and short on facts.

I think the NBC piece is Kerry Bercham (big shot lawyer) signaling to the FBI that she’s getting frustrated with getting stonewalled by them and will go public with the information if they don’t talk to her.

NBC doesn’t have the texts so NBC is not keeping the texts secret. Bercham probably summarized the texts for NBC and let someone read a few to show that she wasn’t full of shit.

That’s my read anyway.

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**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [October 2, 2018, 2:31am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5553 "2018-10-02T02:31:20Z")

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> [@Lance\_Turbo](#):
>
> I think the NBC piece is Kerry Bercham (big shot lawyer) signaling to the FBI that she’s getting frustrated with getting stonewalled by them and will go public with the information if they don’t talk to her.
> 
> NBC doesn’t have the texts so NBC is not keeping the texts secret. Bercham probably summarized the texts for NBC and let someone read a few to show that she wasn’t full of shit.
> 
> That’s my read anyway.

The very first paragraph says, “… according to text messages obtained by NBC News.”

That’s a weird way to open a story if they have not, in fact, obtained the text messages, don’t you think?  
BTW, do I ever get to hear what the other calendar “entries” were detailing non-weekend drinking?

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**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\
**Post date:** [October 2, 2018, 2:39am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5554 "2018-10-02T02:39:53Z")

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> [@HurricaneDitka](#):
>
> BTW, do I ever get to hear what the other calendar “entries” were detailing non-weekend drinking?

Maybe. I haven’t had time to look.

Do we ever get your summary of the lots of information that indicates that Dr. Ford lied under oath? As I recall you were working on a longer post. Maybe you could start a thread about it.

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**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\
**Post date:** [October 2, 2018, 2:55am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5555 "2018-10-02T02:55:27Z")

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> [@HurricaneDitka](#):
>
> The very first paragraph says, “… according to text messages obtained by NBC News.”
> 
> That’s a weird way to open a story if they have not, in fact, obtained the text messages, don’t you think?

This is a good catch.

There’s still something about the way that story was written that makes me think NBC lacks full permission to use the texts in any way they see fit. Perhaps something to do with the other people on the sending or receiving end of these texts.

None of that undercuts my broader point. Bercham is letting the FBI know that they’re going to read these texts one way or the other. Either in private or in public.

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**Author:** ![Rick\_Kitchen](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rick_kitchen/32/522_2.png) [@Rick\_Kitchen](https://boards.straightdope.com/u/Rick_Kitchen)\
**Post date:** [October 2, 2018, 3:21am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5556 "2018-10-02T03:21:02Z")

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Police report from a bar fight Brett was in while at Yale.

> **[READ: Police report from 1985 bar fight in which Brett Kavanaugh was...](https://www.cnn.com/2018/10/01/politics/police-report-kavanaugh-bar/index.html?utm_term=image&)**
>
> Supreme Court nominee Brett Kavanaugh was accused of starting a bar fight while he was a student at Yale in New Haven, Connecticut, according to a 1985 police report obtained by CNN.

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**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [October 2, 2018, 3:25am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5557 "2018-10-02T03:25:21Z")

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> [@Rick\_Kitchen](#):
>
> Police report from a bar fight Brett was in while at Yale.  
> [https://www.cnn.com/2018/10/01/politics/police-report-kavanaugh-bar/index.html?utm\_term=image&](https://www.cnn.com/2018/10/01/politics/police-report-kavanaugh-bar/index.html?utm_term=image&)

That officer’s handwriting is tough to make out. Someone is alleging that Kavanaugh threw ice at him during a heated argument in 1985. Did I get that right?

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**Author:** ![Rick\_Kitchen](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rick_kitchen/32/522_2.png) [@Rick\_Kitchen](https://boards.straightdope.com/u/Rick_Kitchen)\
**Post date:** [October 2, 2018, 3:29am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5558 "2018-10-02T03:29:31Z")

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> [@HurricaneDitka](#):
>
> That officer’s handwriting is tough to make out. Someone is alleging that Kavanaugh threw ice at him during a heated argument in 1985. Did I get that right?

I THINK that’s what it says.

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<div class="post-metadata">

**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [October 2, 2018, 3:31am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5559 "2018-10-02T03:31:06Z")

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ETA: scratch all this, it was so yesterday.

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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:** [October 2, 2018, 3:34am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5560 "2018-10-02T03:34:33Z")

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> [@Lance\_Turbo](#):
>
> This is a good catch.
> 
> There’s still something about the way that story was written that makes me think NBC lacks full permission to use the texts in any way they see fit. Perhaps something to do with the other people on the sending or receiving end of these texts.
> 
> None of that undercuts my broader point. Bercham is letting the FBI know that they’re going to read these texts one way or the other. Either in private or in public.

Not entirely clear exactly what they are alleging. From what the news said he has said two separate things, one when he heard the specific allegation and the second general information that Ramirez was consulting people. The second he did hear sometime before, as he has said. If the texts detail the second, then they aren’t nearly as earth-shattering as suggested. [Text of his interview](https://www.judiciary.senate.gov/imo/media/doc/09.25.18%20BMK%20Interview%20Transcript%20(Redacted)..pdf).  
The denial is at pg 18 (line 8-14). The second one is pg 20 (line 12-22).

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**Author:** ![LAZombie](https://avatars.discourse-cdn.com/v4/letter/l/b38774/32.png) [@LAZombie](https://boards.straightdope.com/u/LAZombie)\
**Post date:** [October 2, 2018, 3:41am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5561 "2018-10-02T03:41:10Z")

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> [@Lance\_Turbo](#):
>
> Let’s see a quote from Dr. Ford.

From a Palo Alto newspaper. They report on the building permits and verify that the door was installed well before her 2012 marriage therapy. Read the comments as well.

“Ford later told Sen. Dianne Feinstein during her questioning that she wanted the second front door because of her anxiety, PTSD and claustrophobia resulting from the 1982 assault.”

> **[Palo Alto building permit backs up Ford’s testimony – Palo Alto Daily Post](https://padailypost.com/2018/09/29/palo-alto-building-permit-backs-up-fords-testimony/)**

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