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Writer's pictureNicole F.

Kavanaugh Confirmed: The New Precedent



by Nicole F


When Judge Brett Kavanaugh was confirmed for the U.S. Supreme Court, you could almost hear the audible sigh from women all across the nation. It felt like the system had let everyone down but, it goes a lot deeper than that. To start off this article I just want to clarify that there is no intention of sharing my own opinion without first giving you the facts on the shit show that was the Kavanaugh debacle. For anyone who might be unaware of some of the details or have maybe forgotten, here’s a quick rundown of everything thus far.


To start of, we have Dr. Christine Blasey Ford writing a letter recounting her alleged assault encounter with Kavanaugh that Senator Feinstein then withheld from the other members of the Judiciary Committee and the other Democratic senators. After being put under pressure, Feinstein announced that she had notified federal investigators and the FBI added it to Kavanaugh’s background file. Following this announcement, Feinstein met with other Democratic senators about the content of the letter.


This was when the content of the letter was made public and we were finally made aware of what the allegations against Kavanaugh were, that he had held one of his female classmates down and attempted to assault her. Ford then came forward stating that “if her story was going to be told in bits and pieces, she wanted to be the one to tell it”. More was revealed about the incident and the effects the attack had on her. It was then decided that they would have a hearing in front of the Senate to hear both sides of the story.


During the hearing, we see Dr. Ford recounting her attack and we see Kavanaugh...yelling. This is exactly what the hearing was. Kavanaugh’s testimony was impassioned and strong in his denial of the alleged assault, but received a lot of backlash for his lack of decorum and composure. He then went on to state that the whole incident was a political hit from the Democratic party in response to residual anger from President Trump winning the election in 2016 and revenge for Clinton’s loss. During the questioning, it is pointed out that Ford could have mistaken Kavanaugh for someone else, but then it is also pointed out that she had years of notes from her therapist corroborating her story. As for Kavanaugh, the questions alternated between questions about his memories of the incident and questions that led to senators calling the whole hearing a farce and defending Kavanaugh.


Finally we have the aftermath, an FBI investigation that Ford’s lawyers called a “stain on the process, on the FBI, and one the American ideal of justice”. The FBI reportedly only interviewed nine people and left out fifteen other people that could have been interviewed including Ford and Kavanaugh. This led to the Senate confirming Kavanaugh to the U.S. Supreme Court. Trump then, at a rally, mocked Dr. Ford openly but, then apologized to Kavanaugh when he was sworn in.


Now I want to share my thoughts on this situation and the dangerous precedent that it sets. First off, we have a senator withholding Ford’s letter. While the senator states that it was to protect Ford, it’s hard not to see a political angle to this. By withholding the letter, the senator created the idea that it could have been held and used at an opportune moment to benefit the Democratic party rather than to get justice for a woman who had been assaulted.


In the period after the letter was released, we had more accusers coming forward. One of them, Julia Swetnick, wasn’t even interviewed by the FBI in their investigation of Kavanaugh. To me, it almost feels like these other accusers were swept under the rug so that they would only focus on Ford which just adds to my feelings of frustration. When the hearing finally came around it felt like a complete waste of time. Everyone in the room had already drawn their lines in the sand and knew which side they leaned on. It felt like a pointless waste of time and energy that could have been used for a true and thorough investigation. We have senators openly commending and apologizing to Kavanaugh without any definitive proof of his innocence and it becomes very apparent that their minds are unchangeable.


Which brings me to Kavanaugh’s behavior during the hearing. A judge that is going to be residing over the supreme court should not have been reacting the way Kavanaugh was reacting to things. While Ford was doing her best to remain composed, it felt like Kavanagh said ‘fuck composure, yelling worked for Trump so it will work for me.’ This is such a dangerous precedent to set for someone in a place of power in the justice system. The justice system is supposed to be very analytical and virtually emotionless. It is supposed to dole out justice when necessary and do so as though they were blind to anything but the facts. Kavanaugh’s behavior showed me that he is not capable of doing this. Then there was the FBI investigation. An investigation that feels half-assed and wasteful. The FBI neglected to interview so many people that it astounds me that they were able to conclude it so quickly.


My final thoughts on this situation is that I do not know if Kavanaugh really assaulted Dr. Ford or not, but I do know that a man who couldn’t handle himself in the wake of all of this chaos does not belong on the supreme court. I would maybe feel more alright with this final decision if there had been a proper investigation and we had more evidence proving his innocence, but just the way he handled himself through all of this showed me that he is a man who does not need anymore power. Especially not the power to make huge decisions about the future of this country. Since we do not have the evidence to prove his innocence, it will always be in the back of my mind that a man who possibly assaulted a woman and got away with it is on the supreme court and nothing has made me lose faith in the system quite like this has and having a president that would mock the testimony of a possible survivor makes me afraid for my future and the futures of women all across America.

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