# 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:** 38

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**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, 4:21pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/741 "2018-09-14T16:21:35Z")

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> [@RTFirefly](#):
>
> An attempted rape is way outside of normal teen stupidity that gets out of hand.

Agreed.

> [@](#):
>
> Should it disqualify him from a position of great consequence, including great consequence to women? Absofuckinglutely.

Disagreed.

> [@](#):
>
> How is a reasonable woman going to have reason to believe he’ll care about the consequences of his decisions as they affect women, when he didn’t care about how forcing himself on a woman would affect that particular woman?

When he was 17 he shouldn’t have been on the Supreme Court. It’s 35 years since then. What he cared or didn’t care about then has very little bearing on how he would rule on anything now.

> [@iiandyiiii](#):
>
> So you have no worries that someone capable of doing that once might have done it more often? And no interest in finding out if there might be other allegations?

He’s been in the public eye for many years already.

And even now, with passions inflamed and millions of dollars being spent, the best anyone could come up with is a 35 year old allegation.

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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 14, 2018, 4:22pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/742 "2018-09-14T16:22:23Z")

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If we knew for a fact that he attempted rape as a 17-year-old, I would not support his nomination to the SCOTUS. I doubt, though, that we could know that for a fact without a confession from him due to the time lapse between the alleged act and now. If we could know such things “for a fact”, there wouldn’t be a statute of limitations. And if he confessed, I would expect him to withdraw his nomination.

Also, I would hesitate to jump to “attempted rape” based only on “he tried to force himself on me”. I would want a more definitive statement from the woman.

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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 14, 2018, 4:25pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/743 "2018-09-14T16:25:08Z")

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I’m amazed that people still trust the system enough to say things like “any allegations would have come out by now”. The last year or so should put that ridiculous notion to rest for a long, long time.

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**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, 4:25pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/744 "2018-09-14T16:25:42Z")

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> [@John\_Mace](#):
>
> I doubt, though, that we could know that for a fact without a confession from him due to the time lapse between the alleged act and now.

I don’t know about “for a fact”, but I assume everyone who knew him back in HS is going to be interviewed to see if/what they knew about this allegation at the time.

The other guy allegedly involved is known (and claims no recollection, FWIW). So I assume reporters will be able to track down everyone who could have known about it.

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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:** [September 14, 2018, 4:28pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/745 "2018-09-14T16:28:45Z")

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If Kavanaugh was actually a rapist or an attempted rapist, I’d say dump him. There are plenty of non-rapists that are well qualified. The problem is this allegation is incredibly thin as it is a few steps removed from an actual accuser, and it’s so old. With that fact pattern it’s unlikely that anything that arises from it would be actionable and as a result it makes it seem more like a smear/delay tactic/Democratic flailing than anything else.

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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 14, 2018, 4:33pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/746 "2018-09-14T16:33:43Z")

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> [@Bone](#):
>
> If Kavanaugh was actually a rapist or an attempted rapist, I’d say dump him. There are plenty of non-rapists that are well qualified. The problem is this allegation is incredibly thin as it is a few steps removed from an actual accuser, and it’s so old. With that fact pattern it’s unlikely that anything that arises from it would be actionable and as a result it makes it seem more like a smear/delay tactic/Democratic flailing than anything else.

Better not investigate it, then. That’d be a terrible thing. Might actually find something out!

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**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, 4:34pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/747 "2018-09-14T16:34:30Z")

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Is that really a hill you’re willing to die on?

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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:** [September 14, 2018, 4:36pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/748 "2018-09-14T16:36:09Z")

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> [@iiandyiiii](#):
>
> Better not investigate it, then. That’d be a terrible thing. Might actually find something out!

The letter was sent in July. If Democrats really wanted it investigated, they shouldn’t have held the letter in secret until the last minute.

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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:** [September 14, 2018, 4:36pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/749 "2018-09-14T16:36:10Z")

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The proper way to investigate it is for a person to go to law enforcement, not sitting senators at a judicial nomination hearing. If the matter is referred to law enforcement - let them do their jobs and the cards fall where they may. Given Feinstein sat on the information for a while, I’m inclined to believe it Democratic flailing. Can you think of a reason why she waited?

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**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, 4:37pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/750 "2018-09-14T16:37:55Z")

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> [@HurricaneDitka](#):
>
> The letter was sent in July. If Democrats really wanted it investigated, they shouldn’t have held the letter in secret until the last minute.

Don’t you think it would have been sent to Grassley too? As the chairman, yanno.

What else is in the documentation he insists must be kept secret from us?

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**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, 4:39pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/751 "2018-09-14T16:39:34Z")

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> [@Fotheringay-Phipps](#):
>
> I don’t know about “for a fact”, but I assume everyone who knew him back in HS is going to be interviewed to see if/what they knew about this allegation at the time.
> 
> The other guy allegedly involved is known (and claims no recollection, FWIW). So I assume reporters will be able to track down everyone who could have known about it.

Which brings to mind the 65 women the GOP was able to track down who knew him at the time.

Georgetown Prep was and is an all-boys’ school. I was in another all-boys’ school in the same athletic conference as Georgetown Prep in junior high and the first couple of years of high school. Even though it wasn’t a boarding school and we at least shared our school buses with a sister school, I doubt that I had enough contact with 65 girls while attending that school who would have been able to say anything meaningful about me _at the time_, let alone a few decades later.

“He said ‘hi’ to me at a dance once. He was a perfect gentleman in that brief encounter.”

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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:** [September 14, 2018, 4:40pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/752 "2018-09-14T16:40:21Z")

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> [@ElvisL1ves](#):
>
> Don’t you think it would have been sent to Grassley too? As the chairman, yanno. …

No, I don’t. It doesn’t appear that Grassley was the one keeping it secret from us.

> [@](#):
>
> A source with knowledge of the situation confirms the Intercept’s reporting that this material initially came to Feinstein’s attention through California Democrat, Rep. Anna Eshoo’s office, which had received the information from someone at Stanford University.

from [Dianne Feinstein refers Kavanaugh matter to federal authorities - CBS News](https://www.cbsnews.com/news/dianne-feinstein-refers-kavanaugh-matter-to-federal-authorities/)

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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 14, 2018, 4:40pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/753 "2018-09-14T16:40:55Z")

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> [@Bone](#):
>
> The proper way to investigate it is for a person to go to law enforcement, not sitting senators at a judicial nomination hearing. If the matter is referred to law enforcement - let them do their jobs and the cards fall where they may.

You said yourself that this would be disqualifying, if true. I presume you mean for personal character reasons. If so – if personal character is an important issue for SCOTUS nominations – then it seems like it would be entirely appropriate for the committee to fully (and publicly) investigate these allegations, at the very least to ensure there is no stain on Kavanugh’s legitimacy going forward.

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**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, 4:41pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/754 "2018-09-14T16:41:51Z")

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> [@HurricaneDitka](#):
>
> The letter was sent in July. If Democrats really wanted it investigated, they shouldn’t have held the letter in secret until the last minute.

I agree! However, ‘Democrats’ _just found out_ about the letter.

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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:** [September 14, 2018, 4:43pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/755 "2018-09-14T16:43:30Z")

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> [@RTFirefly](#):
>
> I agree! However, ‘Democrats’ _just found out_ about the letter.

AFAICT, ‘Democrats’ Senator Feinstein and Rep. Anna Eshoo both knew about it previously.

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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 14, 2018, 4:44pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/756 "2018-09-14T16:44:05Z")

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> [@iiandyiiii](#):
>
> You said yourself that this would be disqualifying, if true. I presume you mean for personal character reasons. If so – if personal character is an important issue for SCOTUS nominations – then it seems like it would be entirely appropriate for the committee to fully (and publicly) investigate these allegations, at the very least to ensure there is no stain on Kavanugh’s legitimacy going forward.

If something needs to be investigated, you don’t bring it up at the last minute, unless you are using it as a delaying tactic. Sorry, Democrats, but it would appear that Feinstein may have let you down.

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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 14, 2018, 4:44pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/757 "2018-09-14T16:44:42Z")

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Really, I’m not surprised that the Republican Senators want to ignore this, but I’m slightly saddened that so many Dopers have no interest as well. Just another indication of how tolerant we are as a society of sexual assault. That political considerations don’t just outweigh such allegations, but they outweigh such allegations to such a great degree that they must not be investigated if such an investigation might have the slightest conflict with political goals.

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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 14, 2018, 4:45pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/758 "2018-09-14T16:45:47Z")

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> [@John\_Mace](#):
>
> If something needs to be investigated, you don’t bring it up at the last minute, unless you are using it as a delaying tactic. Sorry, Democrats, but it would appear that Feinstein may have let you down.

Ahh, then feel free to ignore it. Things didn’t go perfectly, so it must be bullshit. Always easy to find such rationalizations. Better than actually spending some effort on an investigation, right? What a terrible thing that would be!

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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:** [September 14, 2018, 4:45pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/759 "2018-09-14T16:45:49Z")

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> [@iiandyiiii](#):
>
> You said yourself that this would be disqualifying, if true. I presume you mean for personal character reasons. If so – if personal character is an important issue for SCOTUS nominations – then it seems like it would be entirely appropriate for the committee to fully (and publicly) investigate these allegations, at the very least to ensure there is no stain on Kavanugh’s legitimacy going forward.

There is virtually no circumstance that can come to pass which would be sufficient to determine the truth of the alleged allegation. People like Harris and Booker have already exhausted any leeway that may have existed in taking the actions of Democrats involved seriously. The whole, we should just do more investigations schtick rings completely hollow.

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**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, 4:48pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/760 "2018-09-14T16:48:13Z")

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> [@Bone](#):
>
> Given Feinstein sat on the information for a while, I’m inclined to believe it Democratic flailing. Can you think of a reason why she waited?

I’ve suggested earlier, in post #714.

This seems to be validated by [reporting on the issue](https://www.newyorker.com/news/news-desk/a-sexual-misconduct-allegation-against-the-supreme-court-nominee-brett-kavanaugh-stirs-tension-among-democrats-in-congress) which says

> [@New Yorker](#):
>
> A source familiar with the committee’s activities said that Feinstein’s staff initially conveyed to other Democratic members’ offices that the incident was too distant in the past to merit public discussion, and that Feinstein had “taken care of it.”

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