[Congressional Record Volume 164, Number 158 (Tuesday, September 25, 2018)]
[Senate]
[Pages S6283-S6284]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                     Nomination of Brett Kavanaugh

  Mr. McCONNELL. Madam President, in the past week and a half, the 
American people have seen a confusing and chaotic process play out 
right here in the Senate.
  They have seen uncorroborated, decades-old allegations of wrongdoing 
pop up in the press at the last minute, just as Judge Brett Kavanaugh's 
confirmation process was winding down.
  They have seen an accuser's request for privacy disregarded and 
ordinary standards of fairness completely discarded.
  They have seen a disturbing pattern play out on two separate 
occasions already. It goes like this: No. 1, our Democratic colleagues 
on the Judiciary Committee get wind of or maybe even go looking for a 
sensitive allegation. Second, they decline to share it with the 
majority, meaning the committee cannot promptly take appropriate 
action. Third, they allow the allegation to leak to the press at the 
last moment.
  Fortunately, in stark contrast to this malpractice, the American 
people have also seen the exemplary manner in which Chairman Grassley 
has led the Judiciary Committee throughout the entire process. The 
chairman has acted swiftly and transparently in pursuit of the truth. 
He has treated Dr. Ford with kindness and respect. Acknowledging that 
the irresponsible and irregular manner in which her allegation was 
brought to light was no fault of hers, the chairman opened a dialogue 
with Dr. Ford's counsel. He deferred to her preferences on the timing 
of her hearing and a number of other details.
  I will quote from a letter the chairman wrote to Dr. Ford yesterday. 
Here is what Chairman Grassley had to say:

       I am committed to fair and respectful treatment of you. . . 
     . [The] hearing on Thursday will allow you to testify and 
     also will allow the nominee to address the allegations. . . . 
     Both of you deserve a credible and fair process in a secure 
     and professional setting.


[[Page S6284]]


  That was Chairman Grassley.
  So we have one side that is handling these sensitive matters with 
dignity, with professionalism, by the book, and we have another side 
that chose to sit on allegations and keep them secret until they were 
leaked to the press--the same side as the Democratic leader's, who had 
already made up his mind mere hours after Judge Kavanaugh was chosen 
and said: ``I will oppose him with everything I've got.'' Well, 
apparently so.
  Look, the American people know that sexual misconduct is gravely 
serious. They expect this to be treated seriously and addressed 
promptly. That is precisely what Chairman Grassley has done and is 
doing. But the American people also insist that vague, unsubstantiated, 
and uncorroborated allegations of 30-plus-year-old misconduct--where 
all the supposed witnesses either totally deny it or can't confirm it--
is nowhere near grounds to nullify someone's career or destroy their 
good name. Justice matters. Evidence matters. Facts matter.
  Let's look at one of the supposed witnesses, Ms. Leland Keyser. She 
is not a friend of Judge Kavanaugh's. In fact, she says she doesn't 
even know him. Rather, she is a longtime friend of Professor Ford's. 
What does Ms. Keyser say about the allegations? Through her lawyer, she 
says that she ``does not know Mr. Kavanaugh and she has no recollection 
of ever being at a party where he was present, with, or without, Dr. 
Ford.'' In other words, she backs up Judge Kavanaugh's statement.
  Look, this is America here we are talking about. We are supposed to 
uphold fairness and a presumption of innocence. Everyone deserves 
better than this--not just Judge Kavanaugh; everyone deserves better 
than this.
  I was surprised and disappointed by the recent statements on 
television from some of my Democratic colleagues, including one 
statement this weekend that Judge Kavanaugh is not owed the presumption 
of innocence. One of our Democratic colleagues said Judge Kavanaugh is 
not owed the presumption of innocence, because they disagree with his 
judicial philosophy. That is not a standard we want to set in America.
  No matter how loudly my Democratic colleagues try to say otherwise, 
we have never been and do not wish to be a society in which a single, 
uncorroborated allegation--disputed by everyone who supposedly has some 
knowledge of it--can float out across decades and wield veto power over 
somebody's life.
  Judge Kavanaugh is an immensely bright and qualified nominee. We have 
heard from legal experts and scholars that he is one of the fairest and 
most brilliant jurists anywhere in our country. We have heard from 
hundreds of character witnesses from his high school days to the 
present who vouch for his character and his integrity.
  Yet the need for a fair process runs even deeper than Judge Kavanaugh 
himself. As he wrote in his own letter to Chairman Grassley yesterday, 
the weaponization of unsubstantiated smears--that is what we have here, 
the weaponization of unsubstantiated smears--``will dissuade competent 
and good people of all political persuasions from service.''
  This isn't what Members want the Senate to be. This isn't what 
Americans want our society to be. So I look forward to hearing from 
both Dr. Ford and Judge Kavanaugh under oath this Thursday morning. I 
am glad we will be able to hear testimony from both. Then I look 
forward to an up-or-down vote on this nomination right here on the 
Senate floor.