# 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:** 86

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**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\
**Post date:** [September 19, 2018, 3:01pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1701 "2018-09-19T15:01:00Z")

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> [@ElvisL1ves](#):
>
> Again, why is your focus \*not \*on the nominee to a lifetime position instead of on his job interviewers? :dubious:

Isn’t Kavanaugh’s current appointment as a Federal judge already an appointment for life?

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**Author:** ![Tired\_and\_Cranky](https://avatars.discourse-cdn.com/v4/letter/t/a87d85/32.png) [@Tired\_and\_Cranky](https://boards.straightdope.com/u/Tired_and_Cranky)\
**Post date:** [September 19, 2018, 3:02pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1702 "2018-09-19T15:02:56Z")

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> [@Ashtura](#):
>
> Should Kavanaugh be innocent in this case, no one here has offered ANY air tight way to absolve him of these allegations, so any concern about this “hanging over his head” is misplaced. It’s out there, and always will be out there, for the rest of his life. You cannot prove that something _didn’t_ happen at an unknown time/date/location in the early 1980s. Impossible.

It’s true that there is no way to perfectly absolve him if he is innocent. We can look at the weight of the evidence though and make our own judgment about what is most likely. If the evidence that comes out refuting Ford’s allegations, Kavanaugh will, for all practical purposes, be absolved. He can even sue her for defamation and get some measure of recompense.

Or, we can do what Senate Republicans seem to be doing which is largely trying to avoid confronting the evidence because it might make their guy look bad. They don’t seem to care that if he is really innocent, further investigation may show that.

There are two understandable motives to rush this process. One is that Senate Republicans are afraid that any further investigation is going to make the nominee look worse. The other is that they expect to lose power after the upcoming election. Either way, it seems that Republican Senators are motivated by fear. It’s not a good look for them.

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**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\
**Post date:** [September 19, 2018, 3:05pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1703 "2018-09-19T15:05:33Z")

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> [@RTFirefly](#):
>
> Borrowed from [here](https://twitter.com/Lawrence/status/1042420328134320129):  
> Lying to the FBI is a crime.
> 
> Dr. Christine Blasey Ford wants to talk to the FBI.
> 
> Brett Kavanaugh doesn’t want to talk to the FBI.
> 
> Kavanaugh’s friend & witness Mark Judge doesn’t want to talk to the FBI.
> 
> They all know lying to the FBI is a crime.

Lying to congress is a crime as well. What’s your point?

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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 19, 2018, 3:07pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1704 "2018-09-19T15:07:42Z")

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So Smyth trying to safeguard his privacy means that he is a sniveling, lying Kavanaugh whore, but Ford wanting to safeguard her privacy means that she is a traumatized victim. Got it. I need to keep all of these #metoo rules in order because they keep changing. Paper doesn’t work with all of the crossouts. I need an MSAccess database.

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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 19, 2018, 3:11pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1705 "2018-09-19T15:11:03Z")

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> [@Omar\_Little](#):
>
> Isn’t Kavanaugh’s current appointment as a Federal judge already an appointment for life?

Yes, and proper scrutiny should have been applied at the time of his nomination to it. But judges in non-Supreme positions, where their rulings can be appealed and overturned, traditionally don’t get that scrutiny.

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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 19, 2018, 3:13pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1706 "2018-09-19T15:13:11Z")

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> [@UltraVires](#):
>
> So Smyth trying to safeguard his privacy means that he is a sniveling, lying Kavanaugh whore, but Ford wanting to safeguard her privacy means that she is a traumatized victim. Got it. I need to keep all of these #metoo rules in order because they keep changing. Paper doesn’t work with all of the crossouts. I need an MSAccess database.

Great job taking down that straw man! It’s down for the count!

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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 19, 2018, 3:14pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1707 "2018-09-19T15:14:10Z")

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> [@Tired\_and\_Cranky](#):
>
> … it seems that Republican Senators are motivated by fear. It’s not a good look for them.

Oh, I dunno, kinda like it. Shows a self=awareness and intelligence previously lacking. Better than the usual smug and smarmy self-confidence. Some prefer a look of shock and alarm, like when they read the latest tweet from Il Douche, but I like the furrowed lines of worry and despair as the truth drips…drips…drips…

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**Author:** ![Grrr](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grrr/32/146_2.png) [@Grrr](https://boards.straightdope.com/u/Grrr)\
**Post date:** [September 19, 2018, 3:15pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1708 "2018-09-19T15:15:10Z")

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> [@UltraVires](#):
>
> So Smyth trying to safeguard his privacy means that he is a sniveling, lying Kavanaugh whore, but Ford wanting to safeguard her privacy means that she is a traumatized victim. Got it. I need to keep all of these #metoo rules in order because they keep changing. Paper doesn’t work with all of the crossouts. I need an MSAccess database.

Erm, that’s not at all why she wants the FBI to investigate.

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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 19, 2018, 3:18pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1709 "2018-09-19T15:18:16Z")

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> [@Tired\_and\_Cranky](#):
>
> It’s true that there is no way to perfectly absolve him if he is innocent. We can look at the weight of the evidence though and make our own judgment about what is most likely. If the evidence that comes out refuting Ford’s allegations, Kavanaugh will, for all practical purposes, be absolved. He can even sue her for defamation and get some measure of recompense.

That is non-responsive. The point made in the post that you responded to and what is continually pointed out is that there is _no way ever_ that Kavanaugh can disprove the allegation to the point of a defamation suit. He cannot prove that he was not at some house party at an unknown location at an unknown date between 35 and 37 years ago. Impossible!

I mean, the only corroborating evidence she has offered is the names of two other people at the party, both of whom deny being at such an event, yet that is not exculpatory. What, in your mind, would be solid evidence of innocence that could reasonably be found?

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**Author:** ![Tired\_and\_Cranky](https://avatars.discourse-cdn.com/v4/letter/t/a87d85/32.png) [@Tired\_and\_Cranky](https://boards.straightdope.com/u/Tired_and_Cranky)\
**Post date:** [September 19, 2018, 3:30pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1710 "2018-09-19T15:30:06Z")

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> [@UltraVires](#):
>
> So Smyth trying to safeguard his privacy means that he is a sniveling, lying Kavanaugh whore, but Ford wanting to safeguard her privacy means that she is a traumatized victim. Got it. I need to keep all of these #metoo rules in order because they keep changing. Paper doesn’t work with all of the crossouts. I need an MSAccess database.

It’s unclear whether this is a response to me but I’ll weigh in.

I, for one, never called Smyth anything like a “sniveling, lying Kavanaugh whore.” What I said was (emphasis added):

> [@Tired\_and\_Cranky](#):
>
> He says he doesn’t want to testify to safeguard his privacy. I can understand that but he wasn’t interested in safeguarding his privacy earlier in this process when he signed a testimonial letter describing Kavanaugh as “singularly qualified to be an Associate Justice on the U.S. Supreme Court.” Now that there is reason to question his recommendation, he seems unwilling to stand behind it by testifying. What does he have to hide? Again, an FBI investigation could help us make that determination. If he really knows nothing about these events, he never has to testify before Congress. If their investigation reveals that Smyth seems to be concealing something, or if his statements lead to other evidence confirming Ford’s account, Congress ought to consider that before confirming Kavanaugh.

Have you just considered whether you are projecting your beliefs about Smyth onto the opposition?

As for whether his demand for privacy outweighs Ford’s, please note that I have explained why I believe rape victims might want to protect their anonymity. I have also said that rape victims telling their stories anonymously is an understandable reason to discount their stories.

You are setting up a false equivalency here. Ford is facing death threats as a result of her coming forward ([Kavanaugh Accuser Faces Death Threats Ahead Of Senate Hearing | HuffPost Latest News](https://www.huffingtonpost.com/entry/kavanaugh-accuser-death-threats_us_5ba20e27e4b013b097806e06)). I have seen no evidence that Smyth is facing death threats or any adverse action. I would have bet 100:1 that Ford was going to get death threats as soon as she was named. I wouldn’t lay even odds on Smyth getting any. Victims of sexual violence accusing powerful men face very different consequences than a guy who said nice things about his high school classmate.

Smyth also entered the public sphere willingly in order to testify to his friend’s character, so he willingly gave up some measure of his privacy to participate in the political sphere. His need for privacy seems less than hers. Why do you believe they are the same? Furthermore, Ford came forward. She isn’t anonymous, so why are you still stuck on the fact that this originated as an anonymous letter?

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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 19, 2018, 3:36pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1711 "2018-09-19T15:36:40Z")

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> [@Grrr](#):
>
> Erm, that’s not at all why she wants the FBI to investigate.

Of course it isn’t. She wants the FBI to investigate because she has been told by the Dems that is what they want.

Look, the idea here was that she is a victim and simply wants people to listen. She has been invited to speak to the Judiciary Committee of the United States Senate in front of a national audience (or privately at her option)! What more of a platform could a person ask for to have people listen??

Now, we are told that is not enough, that she wants the FBI to investigate a 36 year old state level crime. Well, she doesn’t get to demand that. Nobody does. If it happened last week she is not entitled to that.

I am stunned at how ridiculous it is. Imagine if my home was broken into and I told the police that I was not going to give a statement until the FBI investigated? The police would be justified in thinking that I really didn’t want my home invasion solved, but wanted something else.

Perhaps if she testifies Monday, she will provide something that may give the FBI a hook to investigate? Why not do that if you are interested in justice?

In the end, though, what will happen is what Flake, Collins, and Murkowski want to happen.

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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 19, 2018, 3:38pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1712 "2018-09-19T15:38:33Z")

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> [@UltraVires](#):
>
> Lying to a Senate Committee is also a crime. So we can turn that around…

> [@Omar\_Little](#):
>
> Lying to congress is a crime as well. What’s your point?

The FBI is a hell of a lot better at asking questions. It’s one of their core competencies. The same may be said for a few politicians, but they’re the exception. It’s not a skill most of us look for in a politician.

> [@UltraVires](#):
>
> Plus, your cite is misleading in that the FBI does not want to talk to those people, not the other way as you described

[Already](https://boards.straightdope.com/sdmb/showpost.php?p=21217035&postcount=1671) [covered that.](https://boards.straightdope.com/sdmb/showpost.php?p=21216918&postcount=1646) If Trump tells them to investigate, they’ll investigate.

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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 19, 2018, 3:40pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1713 "2018-09-19T15:40:19Z")

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> [@UltraVires](#):
>
> Of course it isn’t. She wants the FBI to investigate because she has been told by the Dems that is what they want.

See, wimmin are just airheads with no agency! /s

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<div class="post-metadata">

**Author:** ![Urbanredneck](https://avatars.discourse-cdn.com/v4/letter/u/ea5d25/32.png) [@Urbanredneck](https://boards.straightdope.com/u/Urbanredneck)\
**Post date:** [September 19, 2018, 3:41pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1714 "2018-09-19T15:41:13Z")

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> [@Left\_Hand\_of\_Dorkness](#):
>
> Urbanredneck, did you hold a girl down and cover her mouth to stifle her screams when you were 17? Did you try to prevent her from alerting others to your attempt to rape her?
> 
> I did stupid things when I was seventeen. I skipped school. I mouthed off to skinheads. I walked alone at night through dangerous neighborhoods.
> 
> I never made a calculated decision to prevent someone from getting help when I was trying to rape them. That’s not a stupid thing; that’s a smart thing for a rapist to do.
> 
> We’re not talking about stupid things. We’re talking about terrible things. And I didn’t do anything in the same league of terrible when I was a teenager.
> 
> But I’m curious about my question. When you talk about doing stupid things as a teen, did you come this close to committing rape, and did you prevent your victim from getting help?

No I didnt do anything near rape. Although I admit I was pushing alot but I always stopped at “NO”.

I agree he should have been punished for this back when he was 17. However since then he’s been a productive member of society. Bringing this up now by democrats just makes them look bad.

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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 19, 2018, 3:42pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1715 "2018-09-19T15:42:51Z")

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“[This incident did happen. Many of us heard about it in school](https://twitter.com/jaybookmanajc/status/1042386834284789760)” - one of Dr. Ford’s Holton Arms schoolmates

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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 19, 2018, 3:44pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1716 "2018-09-19T15:44:57Z")

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> [@Urbanredneck](#):
>
> No I didnt do anything near rape. Although I admit I was pushing alot but I always stopped at “NO”.
> 
> I agree he should have been punished for this back when he was 17. However since then he’s been a productive member of society. Bringing this up now by democrats just makes them look bad.

By this post, you think it happened. That means Kavanaugh lied about it. You don’t have a problem with putting a liar on the SCOTUS?

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<div class="post-metadata">

**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 19, 2018, 3:46pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1717 "2018-09-19T15:46:34Z")

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> [@RTFirefly](#):
>
> “[This incident did happen. Many of us heard about it in school](https://twitter.com/jaybookmanajc/status/1042386834284789760)” - one of Dr. Ford’s Holton Arms schoolmates

Boom. First substantiation from a classmate. I wonder if it will be the first of many.

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**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\
**Post date:** [September 19, 2018, 3:54pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1718 "2018-09-19T15:54:42Z")

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> [@RTFirefly](#):
>
> “[This incident did happen. Many of us heard about it in school](https://twitter.com/jaybookmanajc/status/1042386834284789760)” - one of Dr. Ford’s Holton Arms schoolmates

Oof. If this is true, he’s toast.

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<div class="post-metadata">

**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [September 19, 2018, 3:56pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1719 "2018-09-19T15:56:02Z")

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> [@UltraVires](#):
>
> …I need to keep all of these #metoo rules…

Is this it, the crux of the biscuit? You see a big cloud of change coming over the horizon, and you don’t know how you’ll deal? Here’s the thing: none of us do, we’ll have to make it up as we go along. The gals have a case, and they want to be heard. They have the right, the truth, and the energy, and I wouldn’t stand in their way, even if I wanted to.

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**Author:** ![Dangerosa](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Dangerosa](https://boards.straightdope.com/u/Dangerosa)\
**Post date:** [September 19, 2018, 3:59pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1720 "2018-09-19T15:59:37Z")

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> [@Richard\_Parker](#):
>
> Calling other witnesses, including Mark Judge.
> 
> Having counsel for the majority and minority asking questions, instead of the Senators.
> 
> Not rushing the hearing, to allow more investigation before putting Kavanaugh back under oath.

Personally, I think they should pull the nomination.

Is it that hard to find a person to sit on THE SUPREME COURT who will not be accused of attempted rape? Really? Every qualified human being out there is likely to have a creditable allegation of attempted rape thrown at them? Maybe a female lawyer or judge? Maybe someone where the allegation isn’t believable because one of the guys friends didn’t write a book about how the prep school they went to was swimming in drunken orgies and how much shit they got away with? The kid who didn’t get invited to such parties in high school - and then spent his college years with his nose in a book before marrying the third girl he ever dated? How about the one heading for seminary before deciding to become a lawyer. There have got to be guys out there who didn’t go to prep schools where getting blackout drunk was apparently the norm.

By the way, I don’t think guys who admit to getting blackout drunk at these parties are good witnesses for what did or did not happen. The whole definition of getting that drunk is that you don’t recall what happened.

He isn’t entitled to a confirmation or a nomination. Getting the nomination was being the right person in the right place at the right time - but it turns out he’s the wrong person - or at least has the wrong background for the moment.

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