Brett Kavanaugh, 53, currently serves
as a judge on the powerful US Court of Appeals for the
District of Columbia Circuit. If he is confirmed to the
Supreme Court, he could easily serve for more than two
decades and change how the nation's laws are
interpreted. President Donald Trump nominated him to
succeed centrist conservative Justice Anthony Kennedy,
who retired this summer.
Here's where Kavanaugh stands on some
hot-button issues:
Roe v. Wade and abortion rights
During his first round of testimony
before the Senate Judiciary Committee, Kavanaugh said he
views Roe v. Wade, the landmark ruling that legalized
abortion nationwide, as "important precedent of the
Supreme Court" that has been "reaffirmed many times."
Yet he declined to say he would not vote to reverse Roe,
saying that such a vow -- on any case -- would violate
judicial norms.
He also defended a dissenting opinion
he wrote last year when the full DC Circuit allowed a
17-year-old to end her pregnancy over objections from
the Trump administration.
In his dissent, Kavanaugh wrote the
Supreme Court has held that "the government has
permissible interests in favoring fetal life, protecting
the best interests of a minor, and refraining from
facilitating abortion." He wrote that the high court has
"held that the government may further those interests so
long as it does not impose an undue burden on a woman
seeking an abortion." He said the majority opinion was
"based on a constitutional principle as novel as it is
wrong: a new right for unlawful immigrant minors in US
government detention to obtain immediate abortion on
demand."
Overall, his testimony reinforced his
past writings suggesting he would permit the government
to more strictly regulate abortion, for example, with
additional requirements that could delay the procedure
or stiffer rules for physicians who would perform it.
Trump has long vowed to appoint
justices who would reverse Roe and allow the states to
determine whether abortion should be legal. Kennedy had
been a swing vote in favor of abortion rights.
Executive branch authority
During his confirmation hearings,
Kavanaugh declined to elaborate on his views on
executive power or protections for a president who might
face an investigation and subpoena.
When Democratic Sen. Dianne Feinstein
of California asked Kavanaugh if a sitting president
could be compelled to respond to a subpoena, he declined
to offer his views. "I can't give you an answer on that
hypothetical question," he said.
In a 2009 Minnesota Law Review
article, Kavanaugh had written that "Congress might
consider a law exempting a President -- while in office
-- from criminal prosecution and investigation,
including from questioning by criminal prosecutors or
defense counsel." In the same article, however, he
noted, "If the President does something dastardly, the
impeachment process is available."
Agency power and government regulation.
Kavanaugh has demonstrated a tendency
toward suspicion of, rather than deference to,
regulatory agency interpretations of federal laws.
"It's all about the statute you
write," he emphasized to Sen. Amy Klobuchar, a Minnesota
Democrat, noting he would not impose new requirements --
on businesses, for example -- that Congress had not made
explicit. That view, as Klobuchar noted, can limit
regulatory safeguards on the job, environmental rules
and consumer protection.
Kavanaugh's views on government
regulation may be best exemplified by his dissent in the
case of a killer whale that attacked a SeaWorld trainer.
As Kavanaugh criticized a Labor
Department move to sanction SeaWorld following the
drowning of a trainer by the orca Tilikum, he declared
that the agency had "stormed headlong into a new
regulatory arena" and warned that regulators would try
to impose new safety requirements on sports, the circus
and more.
Overall, his view is that agencies
should exercise authority as clearly spelled out in
federal statutes and that judges should not, as occurred
in the SeaWorld case, defer to agency interpretations
that go beyond what's explicit in a law.
In opinions and speeches, Kavanaugh
has questioned a ruling in a 1984 Supreme Court case,
Chevron v. Natural Resources Defense Council, that said
judges should defer to agency interpretations of
ambiguous laws. That, he said in a 2017 speech,
"encourages agency aggressiveness on a large scale."
Religious liberty
Kavanaugh said generally during his
hearings that "it's important to recognize that the
First Amendment to the Constitution, as well as many
statutes, of course, protect religious liberty in the
United States ... and as I've said in some of my
opinions, we are all equally American no matter what
religion we are or no religion at all -- and that means
religious speakers and religious people have a right to
their place in the public square."
On the DC Circuit, Kavanaugh dissented
in the 2015 case of Priests for Life v. Department of
Health and Human Services, focused on a religious
exemption to the Affordable Care Act. He dissented when
the DC Circuit declined a full court review of a
religious group's objection to the process for employers
seeking to opt out of the mandate to provide insurance
coverage for contraceptives.
Priests for Life had challenged the
process for certifying eligibility for exemptions,
contending the paperwork involved burdened religious
rights. Kavanaugh agreed, saying, "To plaintiffs, the
act of submitting this form would, in their religious
judgment, impermissibly facilitate delivery of
contraceptive and abortifacient coverage."
He said that rather than a form, the
group could -- as the Supreme Court had allowed in
separate cases be permitted to simply notify the
secretary of health and human services in writing that
it objects to providing coverage for contraceptives.
Second Amendment
In 2011, Kavanaugh dissented from a
majority opinion of the DC Circuit that upheld a ban
that applied to semiautomatic rifles in the District of
Columbia
In his dissent, he wrote that the
Supreme Court had previously "held that handguns -- the
vast majority of which today are semiautomatic -- are
constitutionally protected because they have not
traditionally been banned and are in common use by
law-abiding citizens." m
Citing a previous high court ruling,
Kavanaugh went on to say, "It follows from Heller's
protection of semiautomatic handguns that semiautomatic
rifles are also constitutionally protected and that DC's
ban on them is unconstitutional."
Feinstein pressed Kavanaugh on his
dissent during his confirmation hearings, asking, "What
did you base your conclusion on that assault weapons are
in common use?"
"I had to follow precedent," Kavanaugh
said, adding that "semiautomatic rifles are widely
possessed in the United States ... so that seemed to fit
common use in not being a dangerous and unusual weapon.
That was the basis of my dissent."
Privacy and national security
In 2015, Kavanaugh wrote an opinion
defending the US government's controversial metadata
collection program, in part citing national security
considerations. He wrote that the program "is entirely
consistent with the Fourth Amendment," which protects
against unreasonable search and seizure.
He wrote that the program "does not
capture the content of communications, but rather the
time and duration of calls and the numbers called," and
said it "serves a critically important special need --
preventing terrorist attacks on the United States."
Kavanaugh argued "that critical national security need
outweighs the impact on privacy occasioned by this
program."
Net neutrality
In a 2017 dissent, Kavanaugh said he
believed that Obama-era net neutrality regulations were
"unlawful" and wrote that the policy violated the First
Amendment.
At issue were rules approved by the
Federal Communications Commission in 2015 to more
strictly regulate the Internet. The rules, based on the
principle of "net neutrality," were intended to provide
equal opportunity for Internet speeds and access to
websites. In a May 2017 order, a majority of the DC
Circuit declined to review an earlier decision siding
with the FCC. Under the Trump administration, the FCC
has since moved to dismantle the regulation.
Kavanaugh wrote in his 2017 dissenting
opinion that the regulation was consequential and
"transforms the Internet." But he said the rule
"impermissibly infringes on the Internet service
providers' editorial discretion," and he suggested the
FCC had overreached in issuing the regulation. "Congress
did not clearly authorize the FCC to issue the net
neutrality rule," he wrote.
cnn
Senate Democrats Investigate a
New Allegation of Sexual Misconduct,
from Brett Kavanaugh�s College Years
Deborah Ramirez, a Yale classmate
of Brett Kavanaugh�s, has described
a dormitory party gone awry and a
drunken incident that she wants the
F.B.I. to investigate.
As Senate Republicans press
for a swift vote to confirm
Brett Kavanaugh, President
Trump�s nominee to the Supreme
Court, Senate Democrats are
investigating a new allegation
of sexual misconduct against
Kavanaugh. The claim dates to
the 1983-84 academic school
year, when Kavanaugh was a
freshman at Yale University. The
offices of at least four
Democratic senators have
received information about the
allegation, and at least two
have begun investigating it.
Senior Republican staffers also
learned of the allegation last
week and, in conversations with
The New Yorker,
expressed concern about its
potential impact on Kavanaugh�s
nomination. Soon after, Senate
Republicans issued renewed calls
to accelerate the timing of a
committee vote. The Democratic
Senate offices reviewing the
allegations believe that they
merit further investigation.
�This is another serious,
credible, and disturbing
allegation against Brett
Kavanaugh. It should be fully
investigated,� Senator Mazie
Hirono, of Hawaii, said. An aide
in one of the other Senate
offices added, �These
allegations seem credible, and
we�re taking them very
seriously. If established,
they�re clearly disqualifying.�
The woman at the center of
the story, Deborah Ramirez, who
is fifty-three, attended Yale
with Kavanaugh, where she
studied sociology and
psychology. Later, she spent
years working for an
organization that supports
victims of domestic violence.
The New Yorker
contacted Ramirez after learning
of her possible involvement in
an incident involving Kavanaugh.
The allegation was conveyed to
Democratic senators by a
civil-rights lawyer. For
Ramirez, the sudden attention
has been unwelcome, and prompted
difficult choices. She was at
first hesitant to speak
publicly, partly because her
memories contained gaps because
she had been drinking at the
time of the alleged incident. In
her initial conversations with
The New Yorker,
she was reluctant to
characterize Kavanaugh�s role in
the alleged incident with
certainty. After six days of
carefully assessing her memories
and consulting with her
attorney, Ramirez said that she
felt confident enough of her
recollections to say that she
remembers Kavanaugh had exposed
himself at a drunken dormitory
party, thrust his penis in her
face, and caused her to touch it
without her consent as she
pushed him away. Ramirez is now
calling for the F.B.I. to
investigate Kavanaugh�s role in
the incident. �I would think an
F.B.I. investigation would be
warranted,� she said.
In a statement, Kavanaugh
wrote, �This alleged event from
35 years ago did not happen. The
people who knew me then know
that this did not happen, and
have said so. This is a smear,
plain and simple. I look forward
to testifying on Thursday about
the truth, and defending my good
name�and the reputation for
character and integrity I have
spent a lifetime
building�against these
last-minute allegations.�
The White House spokesperson
Kerri Kupec said the
Administration stood by
Kavanaugh. �This 35-year-old,
uncorroborated claim is the
latest in a coordinated smear
campaign by the Democrats
designed to tear down a good
man. This claim is denied by all
who were said to be present and
is wholly inconsistent with what
many women and men who knew
Judge Kavanaugh at the time in
college say. The White House
stands firmly behind Judge
Kavanaugh.�
Ramirez said that, when both
she and Kavanaugh were freshmen
at Yale, she was invited by a
friend on the women�s soccer
team to a dorm-room party. She
recalled that the party took
place in a suite at Lawrance
Hall, in the part of Yale known
as Old Campus, and that a small
group of students decided to
play a drinking game together.
�We were sitting in a circle,�
she said. �People would pick who
drank.� Ramirez was chosen
repeatedly, she said, and
quickly became inebriated. At
one point, she said, a male
student pointed a gag plastic
penis in her direction. Later,
she said, she was on the floor,
foggy and slurring her words, as
that male student and another
stood nearby. (Ramirez
identified the two male
onlookers, but, at her request,
The New Yorker
is not naming them.)
A third male student then
exposed himself to her. �I
remember a penis being in front
of my face,� she said. �I knew
that�s not what I wanted, even
in that state of mind.� She
recalled remarking, �That�s not
a real penis,� and the other
students laughing at her
confusion and taunting her, one
encouraging her to �kiss it.�
She said that she pushed the
person away, touching it in the
process. Ramirez, who was raised
a devout Catholic, in
Connecticut, said that she was
shaken. �I wasn�t going to touch
a penis until I was married,�
she said. �I was embarrassed and
ashamed and humiliated.� She
remembers Kavanaugh standing to
her right and laughing, pulling
up his pants. �Brett was
laughing,� she said. �I can
still see his face, and his hips
coming forward, like when you
pull up your pants.� She
recalled another male student
shouting about the incident.
�Somebody yelled down the hall,
�Brett Kavanaugh just put his
penis in Debbie�s face,� � she
said. �It was his full name. I
don�t think it was just �Brett.�
And I remember hearing and being
mortified that this was out
there.�
Ramirez acknowledged that
there are significant gaps in
her memories of the evening, and
that, if she ever presents her
story to the F.B.I. or members
of the Senate, she will
inevitably be pressed on her
motivation for coming forward
after so many years, and
questioned about her memory,
given her drinking at the party.
And yet, after several days
of considering the matter
carefully, she said, �I�m
confident about the pants coming
up, and I�m confident about
Brett being there.� Ramirez said
that what has stayed with her
most forcefully is the memory of
laughter at her expense from
Kavanaugh and the other
students. �It was kind of a
joke,� she recalled. �And now
it�s clear to me it wasn�t a
joke.�
By his freshman year, Kavanaugh was
eighteen, and legally an adult. During
his confirmation hearing before the
Senate Judiciary Committee, Kavanaugh
swore under oath that as a legal adult
he had never �committed any verbal or
physical harassment or assault of a
sexual nature.�
The New Yorker has
not confirmed with other eyewitnesses
that Kavanaugh was present at the party.
The magazine contacted several dozen
classmates of Ramirez and Kavanaugh
regarding the incident. Many did not
respond to interview requests; others
declined to comment, or said they did
not attend or remember the party. A
classmate of Ramirez�s, who declined to
be identified because of the partisan
battle over Kavanaugh�s nomination, said
that another student told him about the
incident either on the night of the
party or in the next day or two. The
classmate said that he is
�one-hundred-per-cent sure� that he was
told at the time that Kavanaugh was the
student who exposed himself to Ramirez.
He independently recalled many of the
same details offered by Ramirez,
including that a male student had
encouraged Kavanaugh as he exposed
himself. The classmate, like Ramirez,
recalled that the party took place in a
common room on the first floor in
Entryway B of Lawrance Hall, during
their freshman year. �I�ve known this
all along,� he said. �It�s been on my
mind all these years when his name came
up. It was a big deal.� The story stayed
with him, he said, because it was
disturbing and seemed outside the bounds
of typically acceptable behavior, even
during heavy drinking at parties on
campus. The classmate said that he had
been shocked, but not necessarily
surprised, because the social group to
which Kavanaugh belonged often drank to
excess. He recalled Kavanaugh as
�relatively shy� until he drank, at
which point he said that Kavanaugh could
become �aggressive and even
belligerent.�
Another classmate, Richard Oh, an
emergency-room doctor in California,
recalled overhearing, soon after the
party, a female student tearfully
recounting to another student an
incident at a party involving a gag with
a fake penis, followed by a male student
exposing himself. Oh is not certain of
the identity of the female student.
Ramirez told her mother and sister about
an upsetting incident at the time, but
did not describe the details to either
due to her embarrassment.
Mark Krasberg, an assistant professor
of neurosurgery at the University of New
Mexico who was also a member of
Kavanaugh and Ramirez�s class at Yale,
said Kavanaugh�s college behavior had
become a topic of discussion among
former Yale students soon after
Kavanaugh�s nomination. In one e-mail
that Krasberg received in September, the
classmate who recalled hearing about the
incident with Ramirez alluded to the
allegation and wrote that it �would
qualify as a sexual assault,� he
speculated, �if it�s true.�
One of the male classmates who
Ramirez said egged on Kavanaugh denied
any memory of the party. �I don�t think
Brett would flash himself to Debbie, or
anyone, for that matter,� he said. Asked
why he thought Ramirez was making the
allegation, he responded, �I have no
idea.� The other male classmate who
Ramirez said was involved in the
incident commented, �I have zero
recollection.�
In a statement, two of those male
classmates who Ramirez alleged were
involved in the incident, the wife of a
third male student she said was
involved, and one other classmate, Dan
Murphy, disputed Ramirez�s account of
events: �We were the people closest to
Brett Kavanaugh during his first year at
Yale. He was a roommate to some of us,
and we spent a great deal of time with
him, including in the dorm where this
incident allegedly took place. Some of
us were also friends with Debbie Ramirez
during and after her time at Yale. We
can say with confidence that if the
incident Debbie alleges ever occurred,
we would have seen or heard about it�and
we did not. The behavior she describes
would be completely out of character for
Brett. In addition, some of us knew
Debbie long after Yale, and she never
described this incident until Brett�s
Supreme Court nomination was pending.
Editors from the New Yorker contacted
some of us because we are the people who
would know the truth, and we told them
that we never saw or heard about this.�
(Two students who initially signed
the statement, Louisa Garry and Dino
Ewing, approached The New
Yorker after the publication of
this article and asked that their names
be removed from it. �I never saw or
heard anything like this,� Garry said.
�But I cannot dispute Ramirez�s
allegations, as I was not present.�
Ewing also said he had no direct
knowledge of the allegation and
considered it out of character for
Kavanaugh, but emphasized, �I also was
not present and therefore am not in a
position to directly dispute Ramirez�s
account.�)
The former friend who was married to
the male classmate alleged to be
involved, and who signed the statement,
said of Ramirez, �This is a woman I was
best friends with. We shared intimate
details of our lives. And I was never
told this story by her, or by anyone
else. It never came up. I didn�t see it;
I never heard of it happening.� She said
she hadn�t spoken with Ramirez for about
ten years, but that the two women had
been close all through college, and
Kavanaugh had remained part of what she
called their �larger social circle.� In
an initial conversation with
The New Yorker, she
suggested that Ramirez may have been
politically motivated. Later, she said
that she did not know if this was the
case.
Ramirez is a registered Democrat, but
said that her decision to speak out was
not politically motivated and, regarding
her views, that she �works toward human
rights, social justice, and social
change.� Ramirez said that she felt
�disappointed and betrayed� by the
statements from classmates questioning
her allegation, �because I clearly
remember people in the room whose names
are on this letter.�
Several other classmates said that
they believed Ramirez to be credible and
honest, and vouched for her integrity.
James Roche was roommates with Kavanaugh
at the time of the alleged incident and
is now the C.E.O. of a software company
in San Francisco. �Debbie and I became
close friends shortly after we both
arrived at Yale,� he said. �She stood
out as being exceptionally honest and
gentle. I cannot imagine her making this
up.� He said that he never witnessed
Kavanaugh engage in any sexual
misconduct, but did recall him being
�frequently, incoherently drunk.� He
described Ramirez as a vulnerable
outsider. �Is it believable that she was
alone with a wolfy group of guys who
thought it was funny to sexually torment
a girl like Debbie? Yeah, definitely. Is
it believable that Kavanaugh was one of
them? Yes.� Another acquaintance from
college, Jennifer Klaus, similarly said
that she considered the allegation
plausible, adding, �Debbie�s always been
a very truthful, kind�almost to the
point of being selfless�individual.� A
third classmate, who Ramirez thought had
attended the party, said that she was
not present at the incident. The former
student, who asked not to be named, said
that she also found Ramirez credible.
Former students described an
atmosphere at Yale at the time in which
alcohol-fuelled parties often led to
behavior similar to that described by
Ramirez. �I believe it could have
happened,� another classmate who knew
both Kavanaugh and Ramirez said. Though
she was not aware of Kavanaugh being
involved in any specific misconduct, she
recalled that heavy drinking was routine
and that Ramirez was sometimes
victimized and taunted by male students
in his social circle. �They were always,
like, �Debbie�s here!,� and then they�d
get into their �Lord of the Flies�
thing,� she said. While at Yale,
Kavanaugh became a member of the Delta
Kappa Epsilon fraternity, or �DKE,�
which several students said was known
for its wild and, in the view of some
critics, misogynistic parties. Kavanaugh
was also a member of an all-male secret
society, Truth and Courage, which was
popularly known by the nickname �Tit and
Clit.�
Ramirez said that she continued to
socialize with one of the male
classmates who had egged Kavanaugh on
during the party during college; she
even invited the classmate to her house
for Thanksgiving one year, after he told
her that he had nowhere to go. She also
attended his wedding, years later, as a
guest of his wife, and said that she
posed for photographs with Kavanaugh,
smiling.
Ramirez said that she remained silent
about the matter and did not fully
confront her memories about it for years
because she blamed herself for drinking
too much. �It was a story that was
known, but it was a story I was
embarrassed about,� she said. More
recently, she has begun to reassess what
happened. �Even if I did drink too much,
any person observing it, would they want
their daughter, their granddaughter,
with a penis in their face, while
they�re drinking that much?� she said.
�I can say that at fifty-three, but when
I was nineteen or twenty I was
vulnerable. I didn�t know better.�
Reflecting on the incident now, she said
she considers Kavanaugh�s male
classmates culpable. �They�re
accountable for not stopping this,� she
said. However, �What Brett did is
worse.� She added, �What does it mean,
that this person has a role in defining
women�s rights in our future?�
As Kavanaugh�s confirmation hearings
became a national story, the discussions
among Ramirez and Kavanaugh�s classmates
took on heightened urgency, eventually
spreading to news organizations and to
the Senate. Senate aides from Ramirez�s
home state of Colorado alerted a lawyer,
Stanley Garnett, a former Democratic
district attorney in Boulder, who
currently represents her. Ramirez
ultimately decided to begin telling her
story publicly, before others did so for
her. �I didn�t want any of this,� she
said. �But now I have to speak.�
Ramirez said that she hoped her story
would support that of Christine Blasey
Ford, the California professor who has
raised an allegation of sexual
misconduct against Kavanaugh that bears
several similarities to Ramirez�s claim.
Like Ramirez, Ford said that Kavanaugh
was involved in sexual misconduct at a
party while drunk and egged on by a male
friend. In July, she sent a letter to
Senator Dianne Feinstein alleging that,
at a party in the summer of 1982, when
she was fifteen and Kavanaugh was
seventeen and in high school, Kavanaugh
pushed her into a bedroom, locked the
door, pinned her to a bed, and covered
her mouth to stop her screams as he
attempted to pull off her clothes.
Details of Ford�s allegation were
initially made public by
The New Yorker, which did not name
her at the time. Subsequently, she
disclosed her name in an interview with
the Washington Post.
In her letter, Ford said that during the
incident she feared that Kavanaugh might
inadvertently kill her. She alleged that
a male friend and Georgetown Prep
classmate of Kavanaugh�s, Mark Judge,
was present in the room, alternately
urging Kavanaugh to �go for it� and to
�stop.� Kavanaugh has denied the
allegation.
Ford�s allegation has made Judge a
potentially pivotal witness for
Kavanaugh. Judge told The
New Yorker that he had �no
recollection� of such an incident.
Judge, who is a conservative writer,
later gave an interview to
The Weekly Standard in which he
called Ford�s allegation �just
absolutely nuts,� adding, �I never saw
Brett act that way.� Asked by the
interviewer whether he could remember
any �sort of rough-housing with a female
student back in high school� that might
have been �interpreted differently by
parties involved,� Judge told the
publication, �I can�t. I can recall a
lot of rough-housing with guys.� He
added, �I don�t remember any of that
stuff going on with girls.�
After seeing Judge�s denial,
Elizabeth Rasor, who met Judge at
Catholic University and was in a
relationship with him for about three
years, said that she felt morally
obligated to challenge his account that
� �no horseplay� took place at
Georgetown Prep with women.� Rasor
stressed that �under normal
circumstances, I wouldn�t reveal
information that was told in
confidence,� but, she said, �I can�t
stand by and watch him lie.� In an
interview with The New
Yorker, she said, �Mark told me a
very different story.� Rasor recalled
that Judge had told her ashamedly of an
incident that involved him and other
boys taking turns having sex with a
drunk woman. Rasor said that Judge
seemed to regard it as fully consensual.
She said that Judge did not name others
involved in the incident, and she has no
knowledge that Kavanaugh participated.
But Rasor was disturbed by the story and
noted that it undercut Judge�s
protestations about the sexual innocence
of Georgetown Prep. (Barbara Van Gelder,
an attorney for Judge, said that he
�categorically denies� the account
related by Rasor. Van Gelder said that
Judge had no further comment.)
Another woman who attended high
school in the nineteen-eighties in
Montgomery County, Maryland, where
Georgetown Prep is located, also refuted
Judge�s account of the social scene at
the time, sending a letter to Ford�s
lawyers saying that she had witnessed
boys at parties that included Georgetown
Prep students engaging in sexual
misconduct. In an interview, the woman,
who asked to have her name withheld for
fear of political retribution, recalled
that male students �would get a female
student blind drunk� on what they called
�jungle juice��grain alcohol mixed with
Hawaiian Punch�then try to take
advantage of her. �It was disgusting,�
she said. �They treated women like
meat.�
Kavanaugh�s attitude toward women has
come to play a central role in his
confirmation process. His backers have
offered portrayals of his strong support
for girls and women. When Kavanaugh
accepted Trump�s nomination to the Court
at a White House event in July, he and
Trump both stressed that he had numerous
female law clerks, and that he coached
his young daughters� school basketball
teams. During his Senate confirmation
hearings, Kavanaugh at one point ushered
into the Senate hearing room a large
group of school girls whose basketball
games he had coached, showcasing his
warm and supportive relationships with
women. Earlier this month, on the same
day The New Yorker
reported details of Ford�s allegation,
Republicans on the Judiciary Committee
released a letter from sixty-five women
defending the nominee. On Monday, CNN
reported that the White House has been
contacting many of those women again,
hoping to present their perspective to
the media, perhaps as part of a group
news conference.
The very different portrayals of
Kavanaugh and his social scene offered
by Ford, and now Ramirez, come at a
crucial point in the confirmation
process. On Friday, the Republican
Senator Charles Grassley, of Iowa, the
chairman of the Senate Judiciary
Committee, issued a public ultimatum to
Ford, announcing that he would schedule
the committee�s vote on Kavanaugh�s
confirmation for Monday morning if she
did not respond to an invitation to
testify by a deadline, set first for
Friday night and then for Saturday
afternoon. Lawyers for Ford had pushed
back, demanding an outside investigation
of Ford�s allegation by the F.B.I.
before she offered testimony, and said
that she needed additional time to
prepare. The White House and F.B.I. have
declined to pursue that F.B.I.
investigation, though Grassley has
stated that his office has conducted its
own inquiries into the matter. On
Sunday, Ford�s lawyer and the committee
reached an agreement for her to testify
on Thursday.
In a statement, Kavanaugh�s attorneys
Beth Wilkinson and Alexandra Walsh
wrote, �Judge Kavanaugh fully and
honestly answered the Judiciary
Committee�s questions over multiple days
only to have unsubstantiated allegations
come out when a vote on his confirmation
was imminent. What matters in situations
like these are facts and evidence.� Like
Kavanaugh, they said that, on Thursday,
�testimony and evidence will confirm
what Judge Kavanaugh has made clear all
along�that he did not commit the sexual
assault Dr. Blasey Ford describes.�
The issue has proved to be
politically delicate for the White
House. Last week, Vanity
Fair reported that White House
officials were concerned about
additional allegations against Kavanaugh
emerging, and cited a source who claimed
that Ivanka Trump, the President�s
daughter and adviser, had urged him to
withdraw Kavanaugh�s nomination. Trump
has defended Kavanaugh in the wake of
Ford�s allegations. In a series of
tweets on Friday, he sought to undermine
her account of events, writing, �I have
no doubt that, if the attack on Dr. Ford
was as bad as she says, charges would
have been immediately filed with local
Law Enforcement Authorities by either
her or her loving parents.� He described
Kavanaugh as �a fine man,� who he wrote
was �under assault by radical left wing
politicians.�
Ramirez said that witnessing the
attempts to discredit Ford had made her
frightened to share her own story, which
she knew would be attacked due to the
gaps in her memory and her level of
inebriation at the time. �I�m afraid how
this will all come back on me,� she
said. Her attorney, Garnett, said that
he and Ramirez had not yet decided when
and how she would convey the details of
her allegation to the Senate Judiciary
Committee and whether new counsel would
represent her in Washington. �We�re
carefully evaluating what the
appropriate next steps would be,� he
said. They both said that an F.B.I.
investigation of the matter was merited.
�I do believe an F.B.I. investigation of
this kind of character-related
information would be appropriate, and
would be an effective way to relay the
information to the committee,� Garnett
said. Of Ramirez, he added, �She�s as
careful and credible a witness as I�ve
encountered in thirty-six years of
practicing law.� Ramirez said that she
hoped an investigation could be carried
out before the committee voted on
Kavanaugh�s nomination. �At least look
at it,� she said of her claim. �At least
check it out.�
This story was updated
with comments from two former classmates
of Kavanaugh, Louisa Garry and Dino
Ewing, who initially signed a statement
of support for Kavanaugh provided by his
attorneys. They approached The New
Yorker after this story was published
and asked that their names be removed
from the statement, saying that they did
not wish to dispute Ramirez�s claims.
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