[Congressional Record Volume 164, Number 157 (Monday, September 24, 2018)]
[Senate]
[Pages S6265-S6266]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     NOMINATION OF BRETT KAVANAUGH

  Mr. McCONNELL. Mr. President, let me start with a quote: ``I am going 
to fight this nomination with everything I've got.'' Well, that was the 
Democratic leader on television mere hours after Judge Brett Kavanaugh 
was first nominated to the Supreme Court. Others pledged their 
opposition before he was even named, before they reviewed a lick of 
evidence, before they heard a minute of testimony. Democrats had 
already made up their minds and chosen their tactics: delay, obstruct, 
and resist. Whatever it took, whatever the truth really was, they were 
going to do whatever they could to stop this qualified, experienced, 
and mainstream nominee.
  Democrats have signaled for months that they would put on whatever 
performance the far left special interests demanded and throw all the 
mud they could manufacture. Well, it is not like they didn't warn us. 
But even by the far left's standards, this shameful smear campaign has 
hit a new low. I will get into the specifics in just a moment, but I 
want to be perfectly clear about what has taken place. Senate Democrats 
and their allies are trying to destroy a man's personal and 
professional life on the basis of decades-old allegations that are 
unsubstantiated and uncorroborated. That is where we are. This is what 
the so-called ``resistance'' has become--a smear campaign, pure and 
simple, aided and abetted by Members of the Senate.
  Eight weeks ago, Democrats on the Judiciary Committee received a 
letter from Dr. Christine Blasey Ford with an uncorroborated allegation 
of misconduct. She had requested that the matter be handled discreetly 
and confidentially.
  The responsible next step would have been alerting the full committee 
so a confidential, bipartisan investigation could begin. Committee 
staff would have followed their standard practice for investigating 
background information. Senators could have questioned Judge Kavanaugh 
in their meetings or in closed session, while respecting Dr. Ford's 
request for confidentiality. But Democrats didn't do any of that. They 
sat on Dr. Ford's letter for 7 weeks. Kept it secret. They did nothing. 
They bid their time. Then they threw Professor Ford's wishes overboard 
and leaked it to the press. Our colleague from Delaware has himself 
indicated that either the ranking member's office or the Democratic 
committee staff likely leaked the document. As I have noted, we know 
the chain of custody of the letter went through the Democratic side of 
the Judiciary Committee.
  Does this sound like Democratic Senators take their responsibility 
seriously and want to get to the truth, or does it sound like a 
choreographed smear campaign that ignored Dr. Ford's request for 
confidentiality in order to inflict maximum damage at the last minute 
on Judge Kavanaugh and his family?
  This is an allegation of misconduct which all four supposed witnesses 
either flatly contradict or are unable to back up. In addition to Judge 
Kavanaugh, the other three supposed witnesses have said they have ``no 
knowledge,'' ``no recollection,'' and ``no memory'' of the alleged 
incident. It is not just one alleged witness who disagrees with the 
allegations; it is literally every person who was supposedly there. One 
of those supposed witnesses says she does not even know Judge 
Kavanaugh. So all the witnesses who Dr. Ford says were present at the 
party have told the committee--on the record and under penalty of 
felony--all confirm that they do not remember any such party, do not 
know Judge Kavanaugh, or have never seen him do anything remotely like 
what has been alleged.
  This unsubstantiated allegation stands entirely at odds with 
everything we have heard about Judge

[[Page S6266]]

Kavanaugh's character from those who have worked with him and 
socialized with him, dating all the way back to high school. But 
Democrats wouldn't let a few inconvenient things--like a complete lack 
of evidence or an accuser's request for confidentiality--get between 
them and a good smear. It is despicable.
  The contrast with the completely professional conduct of Chairman 
Grassley could not be starker. As soon as Chairman Grassley learned 
about this allegation, he handled it through proper channels. He 
immediately began gathering the facts. His office promptly conducted a 
transcribed interview of Judge Kavanaugh, in which, under penalty of 
felony, he unequivocally denied the last-minute allegation. The office 
received statements from all the other supposed witnesses, who either 
directly contradicted the story or denied knowing anything about it.
  What is more, Chairman Grassley ensured that Dr. Ford could be heard 
in a forum of her own choosing--either here or in California; either in 
public or in private; either with the staff or with the Members. He has 
gone above and beyond to accommodate her request. Thanks to him, we 
have a fair and open hearing scheduled for Thursday. Dr. Ford will be 
able to state her allegation under oath, and Judge Kavanaugh will be 
able to respond.
  But the smear campaign didn't stop there; that was just act one. 
According to the reporter of this second allegation, the accuser ``came 
forward because Senate Democrats began looking.'' And now they are 
calling for even further delays and further obstruction over a second 
decades-old allegation that is so thin and so unsupported that the New 
York Times refused to even run a story about it. This claim is so 
dubious that the New York Times passed on the story entirely after 
having looked into it.

  Here is why the New York Times declined to publish: It ``interviewed 
several dozen people over the past week in an attempt to corroborate 
her story and could find no one with firsthand knowledge''--not one 
person ``with firsthand knowledge'' to support the allegation--but, 
rather, multiple, on-the-record denials again. The Times also reported 
that the claimant said she herself is uncertain of her claim. That is 
the New York Times, whose credo is ``all the news that's fit to 
print,'' and it found this latest last-minute allegation not even fit 
to print.
  Oh, but that hasn't stopped Judiciary Committee Democrats from 
shoveling it into their smear campaign and demanding further delays. 
They kept this one a secret from Republicans, too, by the way. 
Evidently, several Democratic offices knew of this allegation for at 
least a week, but as with Dr. Ford's claim, they sat on this one, too, 
so the committee could not take any proper action. They just wanted it 
to wind up in the press--another orchestrated, last-minute hit on the 
nominee. Now they are acting like it is a legitimate reason to delay 
things even further, as though they have not already announced 
themselves as being completely opposed to this nomination anyway, as if 
they have not already promised the far left they would lead the fight 
to bring this nomination down whatever it took, whatever the cost.
  Let's put aside this last-minute, unsubstantiated smear. Let's return 
to the facts. Let's have a fair hearing on Thursday.
  Here are the facts that we do have: Hundreds of men and women who 
have known Brett Kavanaugh across his life have written or spoken out 
that he is a man of strong character and tremendous integrity. Numerous 
witnesses have testified before the Judiciary Committee that he is a 
trusted mentor, a loyal friend, and a lifelong champion of women. More 
than 75 women gathered last week to share their decades-old knowledge 
of Judge Kavanaugh as a ``responsible guy who treated us with kindness 
and respect'' and as a ``true gentleman in all aspects of his life.''
  Separately, of course, it remains beyond reasonable dispute that 
Judge Kavanaugh's legal brilliance and excellence on the bench make him 
one of the very most qualified Supreme Court nominees in the history of 
our country.
  All of these facts are, quite clearly, on one side. Maybe that is why 
the Democrats are so panicked. Maybe that is why they are so willing to 
try to bring down this nominee. In the meantime, a good and honorable 
man and his family are receiving death threats. They are the subject of 
smears and are facing Senate Democrats who say he has no presumption of 
innocence because they don't agree with his judicial philosophy.
  Well, before the week is out, both Judge Kavanaugh and Dr. Ford will 
testify under oath before the Judiciary Committee. Chairman Grassley 
has made sure the facts will be heard, and Judge Kavanaugh and the 
American people deserve nothing less. I want to make it perfectly clear 
that Judge Kavanaugh will be voted on here, up or down, on the Senate 
floor. This fine nominee to the Supreme Court will receive a vote in 
this Senate in the near future.

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