[Congressional Record Volume 164, Number 157 (Monday, September 24, 2018)]
[Senate]
[Pages S6268-S6269]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     NOMINATION OF BRETT KAVANAUGH

  Mr. SCHUMER. Madam President, in the confirmation of any Supreme 
Court nominee, it is the Senate's job to carefully and thoroughly 
review the nominee's credentials, beliefs, background, and suitability 
for the position. Once confirmed, a Supreme Court Justice is not 
subject to review or to term limits. It is a lifetime appointment with 
immense responsibilities and powers. We have to examine any Supreme 
Court nominee in light of those facts.
  Dr. Christina Blasey Ford has come forward with a credible allegation 
that Judge Kavanaugh is guilty of sexual misconduct. I believe her, but 
regardless of what you believe, she deserves to be heard in a 
deliberate and impartial manner, in a way that is dignified

[[Page S6269]]

and respectful to both sides and to her, with as much independently 
verified information gathered beforehand as possible. And now, of 
course, there are additional allegations about Judge Kavanaugh's 
actions that should be examined.
  There is one simple way to get to the bottom of this without the he 
said, she said, without the finger-pointing and name-calling: a quiet, 
serious, thorough background check by the FBI. That is the logical way 
to go. The FBI is not biased. The FBI is professional. It is a crime to 
lie to them, so people have a large incentive to tell the truth.
  Reopening an FBI investigation is a routine practice for judicial 
nominations. It has happened over and over again when new information 
has come up, and it only takes a short time to complete. It should be 
quiet, serious, and get the truth, the whole truth, and nothing but the 
truth.
  If my Republican friends are so concerned about this process being 
chaotic, they should want the FBI to handle these allegations because 
the FBI can conduct this investigation soberly, effectively, and 
discreetly. In fact, there is really only one way to get to the bottom 
of these allegations and prevent the Nation from being thrown into 
further turmoil--an independent background check by the FBI. On the one 
hand, our Republican colleagues decry the turmoil, but on the other 
hand, they avoid the careful, best, serious way to get at the 
allegations--a background check investigation by the FBI.
  For some reason, both the White House and Senate Republicans are 
blocking an FBI investigation and questioning its purpose. Let me ask 
our Republican friends, President Trump, and America this question: If 
President Trump and Senate Republicans are so certain the allegations 
against Judge Kavanaugh aren't true, why aren't they welcoming the FBI 
to look into it?
  Leader McConnell, you spent 5 minutes pointing your finger at 
Democrats. That shows someone who is in a pickle. That shows someone 
who has dug a deep hole. If you really believe these allegations are 
part of a despicable smear job, Leader McConnell, why don't you call 
for an FBI investigation? What are you afraid of? What are you hiding?
  What is Judge Kavanaugh hiding? Nobody knows. But people who want the 
truth will find a truth teller. People who don't want the truth will 
run away from a truth teller and instead point fingers of accusation 
and wild, untethered allegations. That is what Leader McConnell is 
doing. It is not a great moment. I know he prizes his role in ramming 
through these rightwing Justices. That is part of his legacy. I don't 
think America will see it that way a few years from now when we see 
their rulings. There will be a huge backlash if Kavanaugh should get on 
the Court and they should rule the way they have ruled in the past. But 
that is not the search for truth; that is the search for a rush job to 
avoid the truth. It should not happen.
  Think about it. The White House is blocking an impartial 
investigation of Dr. Ford's allegation. Chairman Grassley is setting 
arbitrary deadlines for Dr. Ford to testify, dictating the terms of her 
appearance, and denying her and the minority the right to call other 
witnesses, which always happens at hearings, including an alleged 
eyewitness. There was someone in the room. By press reports, he is 
backing up Kavanaugh. Why are they afraid to have him testify? Or at 
least he is saying he doesn't remember.

  We are hearing that Chairman Grassley now wants to bring in outside 
counsel to conduct the questioning, as if Dr. Ford were on trial, as if 
Republicans were afraid to question Dr. Ford. This is so unusual, but 
it shows a fear on the part of our Republican friends that something 
bad and truthful will come out.
  If Chairman Grassley and Leader McConnell continue down this road, we 
are heading for a hearing that will be far from what a serious 
factfinding inquiry should look like, far from respectful to Dr. Ford, 
and far from fair.
  Given the circumstances, the American people should ask--particularly 
those who support Judge Kavanaugh--who is more credible: Dr. Ford, who 
wants the FBI to investigate her allegation because she is confident it 
will corroborate her account, or our Republican friends who are running 
away from any objective factfinding and truth?
  Remember, it is Dr. Ford who not only wants the FBI to look into 
this, she took a voluntary lie detector test, and she knew she was 
inviting harassment and ridicule and abuse for coming forward. She has 
gotten death threats. She has had to move out of her house. She feared 
her life would be upended, and it is. She still had the courage to do 
this. We certainty owe her some dignity and a fair hearing, not the 
kind of rushed, almost kangaroo court-style hearing where the Members 
on the Republican side are afraid to even ask her questions and 
confront her while they will say things behind her back.
  Who is more credible? Is it Dr. Ford, who is willing to submit to all 
this, or Republicans in the White House, who are stonewalling an FBI 
investigation into facts and who are refusing to call other witnesses 
to Dr. Ford's hearing, including the alleged eyewitness? Republicans or 
Democrats? There is an easy, easy answer to all of these. So when 
Leader McConnell rails and rants about Democrats, he is setting up a 
straw man. He is afraid of what might come out, what the truth is, it 
seems to me.
  We have heard Judge Kavanaugh's defenders say: This happened 36 years 
ago; it shouldn't matter. We have heard new, tortured formulations of 
that shopworn excuse that boys will be boys. I don't agree with any of 
those voices, any of those excuses, but let me address those who think 
that, people who think: This was a long time ago. Boys did this. Let's 
not hold someone accountable for it 30 years later, or at least let's 
not stop his advancement in his career.
  One obvious answer is, it is the Supreme Court. But I would ask those 
who believe that Kavanaugh is not being treated fairly to examine one 
more point: his credibility. Whether you think what happened 36 years 
ago is enough to remove him from consideration of the Supreme Court, as 
I do, or whether you don't, credibility of a Supreme Court nominee is 
extremely important.
  Judge Kavanaugh has unequivocally denied this. He didn't say, like 
Mr. Judge, ``I can't remember. Maybe I had too many to drink, and my 
recollection isn't great''; he unequivocally denied it. And this comes 
on top of the fact that Judge Kavanaugh's testimony had real issues 
with credibility. Is Judge Kavanaugh again denying the truth because 
his confirmation to the U.S. Supreme Court hangs in the balance? The 
credibility of Judge Kavanaugh, given his previous testimony, given how 
he skirted the truth, at the very minimum, on issues such as 
appointment of certain judges, on torture, on Manny Miranda--and now he 
says this, an unequivocal denial?
  Let's assume that after the testimony of Dr. Ford, most Americans 
believe it to be true. How would we want to appoint Judge Kavanaugh--
because he would have abjectly lied--if they believe it is true?
  So there is the issue of credibility. Beyond the weight that 
different people give what happened 30-some-odd years ago, beyond the 
weight of whether people excuse or don't excuse the behavior--I don't 
excuse it--is the issue that looms: credibility. Is Judge Kavanaugh the 
kind of upright, straightforward individual we want on the Bench? Do 
his flirtations with avoiding the truth in his testimony--is this just 
another, even worse indication that he does not have the judgment, the 
moral character, the credibility for a job that requires all three?
  In summation, in the face of multiple allegations against Judge 
Kavanaugh, the FBI should reopen the background check investigation, 
and we should conduct a hearing where the appropriate witnesses are 
called and respect is given to both the accuser and the accused. 
Anything less will be viewed by the American people and I believe 
judged by history as a stain on Republicans in the Senate and a stain 
on the integrity of the majesty of the Supreme Court.
  I yield the floor.

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