Friday, September 28, 2018

When the conscience of a conservative prevailed

A version of this was published in the Sky Hi News, October 2, 3, 2018
https://www.skyhinews.com/news/opinion/opinion-muftic-when-the-conscience-of-a-conservative-prevailed/

Post script to the 9/28 posting:
What is the fallout?  By his actions that resulted in the FBI investigation, Sen. Flake advanced the rights of millions of women:  A woman victim of sexual violence was more than simply to be heard with respect, she was to be treated fairly and her accusations taken seriously without prejudice by authorities to which she reported.  If due to White House manipulations, the FBI report fails to investigate some critical questions, such as Kavanaugh's tendency to drink so heavily he blacks out or becomes sexually aggressive, to women, that would seriously damage  the credibility of their findings.

In case there were any doubts before the hearings, the GOP was dramatically unmasked as the male privileged political party they have become because of their stubborn willingness to ignore the credible testimony of Dr. Ford as if she never had uttered a word, Sen Flake's compromise not withstanding. . Their voting records on Kavanaugh’s confirmation will become campaign fodder the next time they are on the ballot. For many, that may be November 6, 2018. 
_________________________________________________________________________________
At about 11:30 AM Mountain time  on Friday September 28th listening to the satellite radio as I drove to a dentist appointment, there was a remarkable, jaw dropping  breaking news report. When I left my  house, the final question mark in the all male GOP members of the Senate Judiciary  Committee had fallen into place with Sen. Jeff Flake announcing he would vote in favor of confirming Brett Kavanaugh to the Supreme Court. That action cleared the way for vote of the full Senate and the outcome given the GOP majority was certain he would be confirmed.  All that was left was the committee's  formal vote.  In my mind, I was already writing my first sentence in next week's column, "the credible testimony of Dr. Blasey Ford about her attempted rape by Brett Kavanaugh in high school was just blown off by the all male GOP panel that was not about to let an event 36 years ago to derail the confirmation of Kavanaugh." At stake were not only campaign promises, but it was also  the timeline they had set to beat the November 6 midterm deadline, though unlikely, that  could also result in   an even more angered voter turnout which would turn the Senate blue.  All that was left was for the Senators to explain their votes and in a fiery rant, Sen Lindsey Graham attacked the Democrats for their manipulation of Dr Ford's timing of the testimony and made it clear this was a partisan matter. In contrast, soft spoken Sen.  Chris Coons (D-DE  ) quietly gave his opinion that the Democrat's position was reasonable: that requesting an FBI investigation would help provide the missing facts left by the "he said; she said of "Thursday testimonies and that it could be done to meet the GOP timeline.  There just needed to be a week's pause in the full Senate vote to allow that to happen.  Sen. Flake sat listening, his face tortured in knowing only he who was not running for reelection so he had the freedom from political party revenge to swing his vote. Torn between his devotion to the ideological approval of Kavanaugh and his belief in the fair treatment of Dr. Ford, the conscience of a conservative prevailed and Sen. Coons and he quietly left the room to finalize  the compromise. Flake would stand by his pledge to vote for Kavanaugh, but attached a condition: he would reserve his final floor vote if all would agree to one week' s delay to allow the FBI to reopen their vetting process and to interview critical witnesses with the threat of jail time if they lied. Only three or four votes were needed to end Kavanaugh's quest.  What changed Sen. Flake's position has been owed to an open elevator door and two determined victims of sexual assault emotionally confronting him on the way to the hearing and to Sen. Coons, a personal friend of Sen Flake's, who made  short comments to explain his vote that contained the outline of a compromise.  By the time my dentist appointment was finished, other GOP moderates and red state Democrats, including Joe Manchin of West Virginia, had jumped on the Flake bandwagon. It was obvious to Pres. Trump, Judiciary Chair Grassley, and Senate Majority Leader Mitch McConnell that if they ever had a chance to get Kavanaugh confirmed by holding the slim majority of the GOP senators together for the final vote, they had to go along with the compromise.

Where the GOP has missed the boat was understanding that at issue was no longer Kavanaugh's position on Roe v Wade that was the wave swamping them...it was the broader issue of a cultural revolt of a large number of women to the GOP's male domination of policies that not only  controlled women's health and reproduction choices, but also  suppressed their  voice to fight back against sexual assault. The  female voter gender gap had polled 20 to 26%  deficit for Republicans, putting the GOP's performance in the November 6 midterms at a disadvantage and the #MeToo movement was every bit the driver of the gender gap as is  the issue of choice and Roe v Wade.
What is the political fallout?    Sen Jeff Flake's bi-partisan compromise may take the edge off of the anger of the women a bit, but the damage had already  been done to the GOP as they were further unmasked as the male privileged political party they have become in their stubborn willingness to simply ignore the credible testimony of Dr. Ford as if she never had uttered a word. They proceeded to confirm Kavanaugh in spite of strong evidence of  his bad behavior in high school and college or his deceptive positioning himself as a beer loving, but virgin choir boy. The hat that Democrats are hanging on is that the FBI investigation will reveal that Kavanaugh is an ideological  agenda driven partisan who lied in his testimony and therefore will be disqualified as unable to meet the qualifications of a Supreme Court justice.  Only  unless the Senate flips blue in November could women see the a future  pro choice justice sit on the Supreme Court bench.  Unless the Court is expanded to add more pro choice justices, the Supreme Court will be controlled by anti choice justices.   Elections have  consequences.  The die is already cast against Roe v Wade.That expansion depends on a blue Senate and House and either control of the White House or a veto proof majority.

Earlier September 28, 2018.  About those who say they believed Dr. Ford but still vote for Kavanaugh...because since then Kavanaugh grew up to be a fine person are those who are as despicable as those who take Kavanaugh's word over Dr. Ford's, The issue is about whether Kavanaugh lies when it benefits him. It is a question of charcter and such character flaws , even if obvious, are just fine with the GOP majority on the Senate committee for someone to serve on the Supreme Court . . Those who believe Dr. Ford but still support Kavanaugh are no better than the same who without evidence claim there was a mistaken identification (except for those who were named by conspiracists who denied they were the ones). They refuse to have the FBI investigate. They refuse to subpoena witnesses. They even do not give Dr. Ford the same courtesies that were extended to Anita Hill, an FBI investigation and calling on her witnesses to testify. They overlook Kavanaugh's  unbelievable declaration about the references to his year book, his calendars, that while he drank more beers than he should, he never passed out..Therefore his memory is not faulty, right? He. and the GOP majority's committee took every possible way to avoid the FBI investigation of Kavanaugh's and Dr. Ford's witnesses. It is not the question of whether in his more mature years he mended his ways; it is whether he lies about his early years in order for forward his ambitions.

In that testimony Kavanaugh dropped his veneer of judicial temperament and revealed the politically operative side of him is his embrace of right wing theories that this opposition to him was the result of a left wing conspiracy motivated by revenge for his participation and leadership in impeaching Bill Clinton and that Dr. Ford's testimony was only released as a Democratic strategy at the last moment. If he had bothered to listen to Dr. Ford's testimony, which he didn't, he would have not made that last charge, since Dr. Ford only agreed to go public after her name was outed and reporters were at her doorstep. Kavanaugh may be a great legal mind, but instead of being an objective juror, it was more likely we could count on his using his skills to advance his political agenda more effectively...including his support of the imperial presidency that would upset the balance of power, and his extremely anti choice agenda that considers birth control an abortion agent. One pretense was destroyed,he mind of an impartial judge. He showed his true self: a partisan, paranoid politician. He may be a brilliant jurists, but we his using those skills to advance his agenda .

"Burden of proof on Ford so the burden has not been met": Chairman Sen. Grassley gave for reason for voting approving confirmation of Brett Kavanaugh to the full Senate. Two minutes before that, the GOP majority voted down a motion by Sen. Blumenthal to have the one and only witness to the assault be appear before the committee. The ability to meet the burden of proof, if on Dr. Ford's shoulder, was   presenting either her witnesses to appear or for her calling for an FBI investigation. That was denied her. The 11 men on the committee in effect put their hands over her mouth by refusing to investigate or subpoena her witnesses. Sen.Jeff Flake upended Grassley's strategy.


Tuesday, September 25, 2018

Kavanaugh...a virgin choir boy?

What puzzles me is that at the beginning of the Dr. Ford accusations, Kavanaugh did not
simply say, look, I do not deny that I did many things when I was in high school and college, but once I 
got my act together, I am proud of the life I have led since. 
 What I do note that at no time did Kavanaugh express empathy or sympathy of the victims of sexual
abuse and violence nor would his backers and he even  try to get to the truth with an independent FBI investigation.
What will happen next, as Kavanaugh did last night on Fox was to appear on TV as a virgin choir boy in a culture of that
time in the prep school/college era of alcohol and partying. That one will be increasingly countered by many who were
part of his peer group also appearing on TV attesting to Kavanaugh's bad behavior.
. Even if Grassley and McConnell manage to engineer Senate confirmation of Kavanaugh to the Court, the controversy
will be fed into the November elections and will become part of the discussion in 2020. Where the GOP is in danger is
appearing as the "male party" in a time when of #MeToo and a president they support who was the role model for bad
male behavior. The GOP forgets that the treatment of Anita Hill, even better treated than Dr Ford because the FBI background check was permitted, resulted in a large number of Democratic women winning the next election cycle and the passage of the violence against women act. That backlash will not only increase Democratic turnout in November, it will continue well into 2020.


https://www.cnn.com/2018/09/25/politics/kavanaugh-interview-martha-mccallum/index.html

http://www.foxnews.com/politics/2018/09/24/brett-kavanaugh-wife-ashley-speak-out-on-supreme-court-nomination-controversy-in-fox-news-exclusive.html

https://www.yahoo.com/news/kavanaugh-apos-aggressive-belligerent-apos-120031237.html?.tsrc=fauxdal

https://www.huffingtonpost.com/entry/kavanaugh-high-school-pal-writes-in-memoir-of-being-wild-drunk-with-girls_us_5b9f23ebe4b013b0977bf68b

Monday, September 24, 2018

Dr. Blasey Ford v Brett Kavanaugh: GOP in peril

A version of this was published in the Sky Hi News September 26, 2018
https://www.skyhinews.com/news/opinion/opinion-muftic-dr-christine-blasey-ford-vs-brett-kavanaugh/

Thursday Dr. Christine Blasey Ford will have a chance to tell the public and the Senate Judiciary Committee what she remembers of an attempted rape by Brett Kavanaugh when she was 15 years old thirty-five years ago. The eleven male GOP   members of the committee are in the majority and many of them have already expressed their views that whatever she says will not influence their support of Kavanaugh, their candidate to fill a Supreme Court vacancy.


A USA Today/Ipsos poll last week found 40% of the public is withholding judgment of whether Dr. Ford or Brett Kavanaugh is telling the truth until after the testimony.  The hearings are not a trial and the final court making the judgment call is public opinion, expressed in polls and at the ballot box November 6.

 Enter a new element, Dr. Blasey Ford’s accusation, that will be exhibit number one to many women that the GOP is infested with men who do not believe attempted rape is that big a deal and boys will be boys.  Kavanaugh would tilt the court for decades favoring overturning the federal Roe v Wade law. Kavanaugh would be passing judgment about whether a victim of rape should be allowed to have a legal abortion.    

The timing could not be worse for the GOP since in six weeks voters will be deciding whether they want to make the effort to go to the polls and vote for Democrats in a midterm Congressional election. The GOP already was in the hole with women before the emergence of Dr. Ford’s accusation. The gender gap in July was 26% percent per a Quinnipiac poll. The gap.  was mostly fueled by the history and actions of Donald Trump’s well publicized experience with women that inspired the #MeToo movement and his campaign promise to overturn Roe v Wade.  The #MeToo movement has changed public perception that the sexual assault victim’s going public perception should be treated with respect and their charges taken seriously no matter how many years ago the alleged event took place

Dr. Ford is up against a stacked deck controlled by  the most powerful men in the United States, members of a party whose candidate for president won his  election with a public overlooking his  outrageous behavior toward women, an admitted grabber documented in the Access Hollywood tapes, and  a reputation widely known by  pre political era  media coverage that  included several marriages and his demanding death to  the Central Park Five, young men later exonerated of rape by DNA evidence. Last week President Trump commented that if attempted rape was such a bad experience for Dr. Ford, she as the 15-year-old, should have reported this to parents or the FBI at the time.    Even today, 63% of those sexually assaulted never report the attack to authorities per the National Sexual Violence Resource Center, more than 80% of campus sexual assaults go unreported per several reports, and certainly not to the FBI who investigate only federal crimes, which this is not. The reason is clear. Women and girls who report face a defense by those they accused that is based upon tearing down both their credibility and their background, painting them as loose women, drunk or drugged, and were the guilty ones. As more witnesses emerge of Kavanaugh’s out of control behavior in his younger days, even after Thursday’s hearing, expect the court of public opinion will be bombarded with evidence for and against him all the way to November 6.







Thursday, September 20, 2018

Brett Kavanaugh v Dr. Ford

Brett Kavanaugh v Dr. Blasey Ford. The underlining issue is the attitude of the Republican Senators toward a woman who is reliving a trauma of sexual assault. It is consistent with those senators’ past actions, but times are changing and the senators’ attitudes are fossilized. That President Trump has had a hand in this should not be excused either, since he has refused to order the FBI to investigate the veracity of both parties. The drama is unfolding as this is written, but the damage to the GOP has already been done. The burden falls mostly on the shoulders of the GOP Senators and they are the ones who deserve the wrath of women expressed in the voting booth November 6.
There must be plenty of mid 50 year olds, male and female, who are resurrecting memories of their high school years they experienced in the 1980’s, but  high school out of control preppies  behaving like that in those days were not unique happenings.   The danger is their old attitudes could color their judgment calls and so far Brett Kavanaugh has denied the event ever happened, much less has he expressed any remorse.  By that measure, Donald Trump’s behavior is appalling, having himself admitted to sexual assault well into his latter years, as accusers have charged  and we have  his own attitudes toward grabbing on tape. The critical  problem on the table at this moment, though,  is  how the Republicans in Congress are treating Dr. Ford or will attack her as a person in an attempt to paint her as the guilty party. That has been standard operating procedure by defenders of male misbehavior in the past. The old attitudes prevail in they way GOP Senators  are treating her .  Women of  certain ages are having flashbacks as how their traumas have been treated and how shame and fear they too would not have been  respected or believed if they publicly recounted their own experiences.   That is the reason the #metoo movement has gained so much political traction and the pink pussy  ears have become their symbol.  Add to that, the attempt to overturn Roe v Wade is part of the same general political revolt of women who are no longer willing to tolerate  male patriarchal attitudes or male  control over their bodies  any more.  In short, this is a revolt of women and both issues, how Dr. Ford is respected during this ordeal and how the Supreme Court will act in a woman’s right to choose have landed in the lap of the Kavanaugh nomination.  This is not any nomination, either. If Kavanaugh’s nomination is successful, he will insure his attitudes toward women and their respective rights and power will be reflected as the swing vote in the Court for years to come.
Here is why anger at the GOP Senate should and has  rightly become  the focus:   Once again, a woman’s recounting of a traumatic sexual encounter, an attempted rape, is the same old, same old reaction, pattern of  a group of powerful older males  who close minds as they close ranks. Their attitudes and prejudices were made public. Some already opined  Dr. Ford was just “mixed up “, in advance of any examination of evidence. Some of the same very Senators  had also played a role in the disservice to Anita Hill in the Clarence Thomas Supreme Court hearings, including Senate chair of the same Judicial  committee, Chuck Grassley , and Orin Hatch.  Demanding that the committee vote proceed without requiring  testimony under oath of  anyone other than Kavanaugh and Dr Ford, from the male witness, Mark Judge,  to Dr. Ford’s twenty potential witnesses with knowledge of the event, is an outrage.
Dr. Ford is a reluctant witness. She foresaw the ordeal of becoming public. The death threats, email hacking have been an attempt to intimidate her. It also will make it difficult for others to come forward on her behalf , fearing the same treatment..Unless the FBI treats such threats and intimidation as a crime and take action at once, that would also be an outrage.
Donald Trump has begun to change his tune, attacking Dr. Ford himself publicly, and demanding a report of the attempted rape filed contemporaneously if it was so bad. From Yahoo News fact check:  "She was 15 at the time and the incident was not a federal crime". From https://projects.fivethirtyeight.com/sexual-assault-victims/ 77% of sexual assaults go unreported.