# 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:** 36
**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\ **Post date:** [September 13, 2018, 9:19pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/701 "2018-09-13T21:19:25Z")
smoking pot knocked out Ginsberg but that was in the 80s. Probably would not be an issue now unless there was a lot of pot smoking. ---
**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 13, 2018, 9:21pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/702 "2018-09-13T21:21:42Z")
> [@iiandyiiii](#): > > Reddit and twitter rumors are that Kavanuagh violated someone’s consent in high school, and that the baseball-tickets thing were actually a scheme to hide large payoffs to persuade the victim from coming forward with her story. Just rumors for now; hopefully if there was any law breaking or shady behavior, it will come out before any final vote. He paid off someone using a credit card? If he did, he definitely does’t belong on the Supreme Court. **Bijou** : Obama admitted to using cocaine in HS, as well as being in a pot smoking club. I’m think we’re well past that sort of thing. ---
**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 14, 2018, 4:27am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/703 "2018-09-14T04:27:38Z")
The FBI has declined to investigate this due to the time lapse since the incident allegedly happened. ---
**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 14, 2018, 4:31am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/704 "2018-09-14T04:31:59Z")
I assume it was referred to the FBI since they’re responsible for doing the background checks on nominees, beyond just criminal stuff. Anyways, if [the Guardian](https://www.theguardian.com/us-news/2018/sep/13/brett-kavanaugh-dianne-feinstein-confidential-letter) has it right, it’s not really overwhelming. > [@](#): > > A source who said they were briefed on the contents of the letter said it described an incident involving Kavanaugh and a woman that took place when both were 17 years old and at a party. According to the source, Kavanaugh and a male friend had locked her in a room against her will, making her feel threatened, but she was able to get out of the room. The Guardian has not verified the apparent claims in the letter. It is not yet clear who wrote it. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [September 14, 2018, 4:35am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/705 "2018-09-14T04:35:03Z")
> [@Fiveyearlurker](#): > > A possibly [interesting tidbit](https://www.cnbc.com/2018/09/13/dianne-feinstein-refers-letter-on-supreme-court-nominee-kavanaugh-to-feds.html): > > \*The top Democrat on the Senate Judiciary Committee, Dianne Feinstein of California, said Thursday that she has referred a letter concerning Supreme Court nominee Brett Kavanaugh to federal authorities. > > “I have received information from an individual concerning the nomination of Brett Kavanaugh to the Supreme Court,” Sen. Feinstein said. “That individual strongly requested confidentiality, declined to come forward or press the matter further, and I have honored that decision. I have, however, referred the matter to federal investigative authorities.”\* > > Edit: Ninjaed For those of you interested, [here is a video](https://youtu.be/g5xpNBs-km0?t=32s) of her speech. ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [September 14, 2018, 7:00am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/706 "2018-09-14T07:00:29Z")
> [@John\_Mace](#): > > The FBI has declined to investigate this due to the time lapse since the incident allegedly happened. Well, that and it not being a federal crime, I imagine. ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [September 14, 2018, 12:16pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/707 "2018-09-14T12:16:01Z")
> [@snowthx](#): > > I think he’s about to be #metoo’d. What else could it be? Grassley postponed the committee vote for a week. The reason can’t be auspicious for the nomination - either it’s to look into this, or his finances, or to strong-arm a wavering Gopper or two, or something else not yet leaked. No, scratch that last, it’s Washington, where there is nothing that isn’t leaked. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [September 14, 2018, 12:49pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/708 "2018-09-14T12:49:34Z")
> [@John\_Mace](#): > > Yes. Everything that Feinstein said seemed to be talking about “the individual” who wrote the letter, not the the woman of interest. The woman who wrote the letter said she didn’t want to pursue it further, and yet Feinstein referred it to the “federal investigative authorities”. We can argue about whether that was the right thing to do or not, but it doesn’t sounds like it’s honoring her wishes. > > If there is anything here, we’ll find out soon enough. The other part is that the writer of the letter allegedly wasn’t the person to whom Kavanaugh did or didn’t do whatever he is alleged to have done or not done. There doesn’t seem to be any reference to that person’s wishes for confidentiality. Only the wish of the writer of the letter not to pursue it. Call the writer of the letter A, and the person who was allegedly the subject of whatever Kavanaugh is accused of doing B. I can think of reasons why B would not want it pursued, some innocent and some not. I can also think of reasons why A would not want it pursued - but a desire by B for anonymity isn’t one of them. If B wanted to drop it, A would not have written the letter. Another reason that A would not want the matter pursued might be that B doesn’t exist, or hasn’t accused Kavanaugh of anything, or what B said about Kavanaugh is trivial. And A would not want that pursued because investigation would cause the whole thing to fall apart. I don’t know if Feinstein knows or not. I suspect, on some level, she doesn’t care. Throw out the smear. If nothing comes of it, some people will believe it no matter what, especially in today’s #metoo atmosphere. Maybe Feinstein can delay the vote, or re-open the hearings as they did with Thomas. At least she can send out the signal to future nominees “Be prepared to be smeared. We’ll find something. If we can’t find something, we will use anonymous accusations at second- or third-hand.” Unless the Dems take back the Senate, of course. Then such tactics will be beyond the pale. Regards, Shodan ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [September 14, 2018, 12:56pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/709 "2018-09-14T12:56:49Z")
Your concern with this allegation is \*not \*about its truth or accuracy, but over its _existence_. Is that supposed to be a respectable position to take? ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [September 14, 2018, 1:15pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/710 "2018-09-14T13:15:11Z")
> [@ElvisL1ves](#): > > Grassley postponed the committee vote for a week. The reason can’t be auspicious for the nomination - either it’s to look into this, or his finances, or to strong-arm a wavering Gopper or two, or something else not yet leaked. No, scratch that last, it’s Washington, where there is nothing that isn’t leaked. The vote was always going to be on the 20th. Grassley scheduled it for the 13th knowing that any committee member can request a week delay and that the Dems certainly would. That happened, not because of Feinstein’s letter, but because the Dems feel pressure from their base to use every tool at their disposal to delay Kavanaugh. > **[Judiciary Committee pushes vote on Kavanaugh nomination to next week -...](https://www.washingtonexaminer.com/news/2610718/judiciary-committee-pushes-vote-on-kavanaugh-nomination-to-next-week/)** > > The Senate Judiciary Committee pushed a vote on the nomination of Brett Kavanaugh to the Supreme Court until next week, and decided to consider his nomination on Thursday, Sept. 20, at 1:45 p.m. Kavanaugh’s nomination was included on the agenda for... > [@](#): > > Kavanaugh’s nomination was included on the agenda for Thursday’s committee meeting, and it was expected the panel’s Democratic members would request the nomination be held over for one week. > > Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, started the meeting by announcing Kavanaugh’s nomination vote would be held for a week due to Democratic objections. After a few minutes of debate, the committee voted along party lines, 11-10, to set the committee’s vote for Sept. 20 at 1:45 p.m. ---
**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 14, 2018, 1:21pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/711 "2018-09-14T13:21:18Z")
> [@Shodan](#): > > The other part is that the writer of the letter allegedly wasn’t the person to whom Kavanaugh did or didn’t do whatever he is alleged to have done or not done. There doesn’t seem to be any reference to that person’s wishes for confidentiality. Only the wish of the writer of the letter not to pursue it. Whatever it was, I could understand Feinstein seemingly ignoring the wishes of the letter writer under certain circumstances. If it was significant information, tell the letter writer “Sory, but you should not have given this to me if you didn’t want me to do anything with it”. But since we’re talking about something that happened over 30 years ago when Kavanaugh was in High School, it would have to be very, very serious to do anything other than tell the letter writer: "Thanks for the input, and I will honor your wish not to pursue this any further. Remember to vote in November. " ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [September 14, 2018, 1:24pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/712 "2018-09-14T13:24:55Z")
I think Feinstein’s was probably hoping the FBI would play along with her “I’ve referred the matter to federal investigative authorities” joke a bit longer than they did. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [September 14, 2018, 1:32pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/713 "2018-09-14T13:32:24Z")
> [@HurricaneDitka](#): > > I think Feinstein’s was probably hoping the FBI would play along with her “I’ve referred the matter to federal investigative authorities” joke a bit longer than they did. “While the Bureau cannot comment on specifics, we are investigating an incident involving Kavanaugh’s conspiracy to commit kidnapping and unlawful restraint of a minor female.” Like that. ---
**Author:** ![Fotheringay-Phipps](https://avatars.discourse-cdn.com/v4/letter/f/d9b06d/32.png) [@Fotheringay-Phipps](https://boards.straightdope.com/u/Fotheringay-Phipps)\ **Post date:** [September 14, 2018, 1:42pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/714 "2018-09-14T13:42:13Z")
As I wrote in another thread, my best guess (at this time) is that Feinstein meant well but is under enormous pressure. She probably recognized that the info she had was insignificant, and combined with the purported victim’s desire for no action, she would have suppressed the matter entirely. But once word got out about it, her hand was forced. At that point, if she continued to do nothing, she (already subjected to a primary from a progressive candidate) would have been accused of being part of a cover up and insufficiently dedicated to The Cause. So she had to be seen as “doing something”, and by referring it to the FBI she accomplished that. I would guess she knew full well that nothing would come of the FBI referral, but at that point she would be seen as having done her part in the Great Struggle. In sum, the old story of fanatic extremists pressuring the more rational politicians. You see it on both the left and the right. ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [September 14, 2018, 1:57pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/715 "2018-09-14T13:57:57Z")
> [@Fotheringay-Phipps](#): > > …I would guess she knew full well that nothing would come of the FBI referral, but at that point she would be seen as having done her part in the Great Struggle… Is that her call to make? Can she decide that, can she decide that this wasn’t worth much, so no problem if she doesn’t tell the FBI? I would have thought that was the FBI’s decision to make. > [@Fotheringay-Phipps](#): > > …In sum, the old story of fanatic extremists pressuring the more rational politicians. You see it on both the left and the right. That is the important thing to remember here, that both sides do it. Good catch, there, **FP**! ---
**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 14, 2018, 2:04pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/716 "2018-09-14T14:04:39Z")
> [@elucidator](#): > > Is that her call to make? Can she decide that, can she decide that this wasn’t worth much, so no problem if she doesn’t tell the FBI? I would have thought that was the FBI’s decision to make. Really? Refer every accusation to the FBI without putting any thought into it? I disagree. Feinstein is a seasoned pol who has been in government longer than a lot of us have been alive (not you and me, but others reading this). If all she does is act as a letter carrier then she’s not doing her job. Unless Senate or Committee rules require her to pass on any and all information like this. If that’s the case, then so be it. If not, she should use some judgement. ---
**Author:** ![Fotheringay-Phipps](https://avatars.discourse-cdn.com/v4/letter/f/d9b06d/32.png) [@Fotheringay-Phipps](https://boards.straightdope.com/u/Fotheringay-Phipps)\ **Post date:** [September 14, 2018, 2:09pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/717 "2018-09-14T14:09:52Z")
> [@elucidator](#): > > That is the important thing to remember here, that both sides do it. Good catch, there, **FP**! Republicans afraid of challenges from the right attract an enormous amount of attention on this MB. Lately that phenomenon has been occurring more on the left as well - possibly including Sen Feinstein - and it’s worth noting that it’s part of a broader phenomenon. ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [September 14, 2018, 2:16pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/718 "2018-09-14T14:16:01Z")
> [@](#): > > …Really? Refer every accusation to the FBI without putting any thought into it? I disagree… Oh, OK. So, if you have some evidence that falls under the FBI’s bailiwick, and you privately make a judgement about its significance, there is no legal problem with that? No way do they come around and ask “Hey, shouldn’t you have told us?”. See, I don’t have you depth of expertise in this sort of thing, so I have to ask. ---
**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 14, 2018, 2:23pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/719 "2018-09-14T14:23:03Z")
> [@elucidator](#): > > Oh, OK. So, if you have some evidence that falls under the FBI’s bailiwick, and you privately make a judgement about its significance, there is no legal problem with that? What is the legal problem? You and I both know a lot of folks who use and/or sell drugs\*. I’ve not turned any in to the FBI. How many of those people have you turned over to the FBI, and how much legal jeopardy are we in for not dong so? > [@](#): > > See, I don’t have you depth of expertise in this sort of thing, so I have to ask. See above. I think you do. \*We don’t do any of this ourselves, of course, but we know “other people” who do. ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [September 14, 2018, 3:15pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/720 "2018-09-14T15:15:21Z")
[From the New Yorker:](https://www.newyorker.com/news/news-desk/a-sexual-misconduct-allegation-against-the-supreme-court-nominee-brett-kavanaugh-stirs-tension-among-democrats-in-congress) > [@](#): > > The allegation dates back to the early nineteen-eighties, when Kavanaugh was a high-school student at Georgetown Preparatory School, in Bethesda, Maryland, and the woman attended a nearby high school. In the letter, the woman alleged that, during an encounter at a party, Kavanaugh held her down, and that he attempted to force himself on her. She claimed in the letter that Kavanaugh and a classmate of his, both of whom had been drinking, turned up music that was playing in the room to conceal the sound of her protests, and that Kavanaugh covered her mouth with his hand. [Previous page](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733.md?page=35) [Next page](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733.md?page=37)