Deborah Ramirez and the Suffocating Banality of Assault

Esquire

Deborah Ramirez and the Suffocating Banality of Assault

Deborah Ramirez and Christine Blasey Ford’s allegations, to my mind, challenge the deepest fibers of conservative masculinity.

By Joanna Rothkopf       September 24, 2018

President Trump's Supreme Court Justice Pick Brett Kavanaugh's Nomination In Jeopardy Over Past Accusations

Getty ImagesWin McNamee

Deborah Ramirez is the second woman to accuse Supreme Court nominee Brett Kavanaugh of sexual assault. In a report published Sunday evening in The New Yorker, Ramirez recounted that while she was a student at Yale University, Kavanaugh—a freshman at the time—“thrust his penis in her face, and caused her to touch it without her consent as she pushed him away.” Ramirez had been reluctant to come forward earlier, she said, because she had been drinking and wasn’t sure if she remembered the events clearly. After several days of “carefully assessing her memories,” however, Ramirez was certain she knows what happened.

“Brett was laughing,” she said. “I can still see his face, and his hips coming forward, like when you pull up your pants.”

Kavanaugh has unconditionally denied that he played any part in this memory, saying in a statement: “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 truth, and defending my good name—and the reputation for character and integrity I have spent a lifetime building—against these last-minute allegations.”

After learning about Ramirez’s allegations last week, The New Yorker reported that Senate Republicans called yet again for the confirmation process to be sped up.

The new allegation comes, as we know, after Dr. Christine Blasey Ford said that during a high school party, Kavanaugh, then a student at Georgetown Preparatory School, pushed her onto a bed, groped her, attempted to take off her bathing suit, and put his hand over her mouth to prevent her from screaming. Kavanaugh and his supporters have alternately suggested Dr. Ford confused Kavanaugh with another similar-looking classmate, denied that it happened altogether (either with the proof of a teenage boy’s calendar or with the absurd idea that Ford would have gone to the police, among others), and that even if it did happen, it doesn’t matter.

Donald J. Trump: 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. I ask that she bring those filings forward so that we can learn date, time, and place!

The idea that Republicanism has any apparatus to deal with sexual assault is, largely, laughable to begin with, given it’s hard-wiring to promote a certain kind of man at the expense of all others. But Ramirez and Ford’s allegations, to my mind, challenge the deepest fibers of conservative masculinity—that now, okay, it’s suddenly not cool to shove your dick at a drunk girl at a party? Isn’t that exactly what college is for?

I grew up in Washington, D.C., and attended a private school in the same community of private schools as Georgetown Prep. Despite the liberal bent of my specific school, I still was raised to believe in these same conservative principles—that men (boys) held the vast majority of social power, and it was my responsibility to look respectably fuckable, or I guess eager or not unkind, so that someone might decide to date me. That was much easier to pull off, especially if you’re a highly socially anxious person like me, if you were a fun level of drunk. That’s why, literally until I read Ramirez’s quotes in The New Yorker, I had forgotten that I, one in a boundless sorority of women, also had fractured, vague memories of being nearly blackout drunk, pushed into a bathroom, and had a friend’s bare dick shoved in my face, and that it had never occurred to me, even once, to tell anyone about it. And that this happened again in college, me still drinking to feel comfortable, the very definition of immaturity, thinking that these experiences were the exception and not the rule. Ramirez and Dr. Ford are putting into relief, yet again, the crushing banality of assault, how pervasive, how cliché, how utterly boring it has been for so long.

Understandably, the outcry over these accusations has caused men and women who were taught this was acceptable behavior to push back. During a dinner for the Faith and Freedom Coalition on Saturday evening, Rep. Steve King said, “I’m thinking, is there any man in this room that wouldn’t be subjected to such an allegation? A false allegation?” (Let’s assume that his definition of “false” may, perhaps, mean “unwanted.”) “How can you disprove something like that?” he continued. “Which means, if that’s the new standard, no man will ever qualify for the Supreme Court again.”

And last week, on MSNBC, New York Times columnist Bari Weiss, after noting that Kavanaugh had the reputation for being a “prince of a man,” said the following baffling collection of words: “What about the deeper, moral, cultural, like, the ethical question here? Let’s say he did this exactly as she said. Should the fact that a 17-year-old, presumably very drunk kid, did this, should this be disqualifying? That’s the question at the end of the day, isn’t it?”

New Kavanaugh Allegations Give Republicans Only One Choice

New Kavanaugh Allegations Give Republicans Only One Choice

Jonathan Bernstein’s morning links.
Walk away. Photographer: Win McNamee/Getty Images.

Jonathan Bernstein is a Bloomberg Opinion columnist covering politics and policy. He taught political science at the University of Texas at San Antonio and DePauw University and wrote A Plain Blog About Politics.

Senate Republicans, and the Republican Party in general, now face exactly the same choice with the Supreme Court vacancy they faced a week ago when Christine Blasey Ford’s story went public. It’s just more obvious now that the New Yorker has detailed a second accusation.

Let’s put aside the damage to the Supreme Court if a second justice is confirmed despite serious allegations of sexual misconduct. Let’s also put aside the injustice to Brett Kavanaugh if he’s actually innocent of these charges, as he says he is. Those are serious questions, but this is a political nomination for a political position, so let’s just focus for a moment on the immediate politics of the situation.

Republicans can theoretically bull ahead, with at least 50 of the 51 Senate Republicans agreeing to support an unpopular nominee with now two serious accusations of sexual assault against him.

It they do, they risk additional evidence emerging that would make one or both of these allegations appear to be true. They risk additional stories showing up. They risk the likelihood that one or more Republican politicians will say something incredibly offensive and potentially electorally damaging, the way North Dakota Senate candidate Kevin Cramer did over the weekend. They risk the possibility that their party winds up on the wrong end of a national split between those who take sexual assault seriously and those who don’t. They risk a backlash from supporting a nominee who has been unpopular throughout the process and has become more unpopular.

They’re already guilty, if reporting from Ronan Farrow and Jane Mayer is correct, of rushing to confirm the nominee before a story they knew was coming went public. How many more ugly-looking steps will they take if they push ahead?

If they drop the nomination, they get the chance to confirm an entirely different Supreme Court nominee with virtually the same positions on everything. There’s no shortage of such folks.

There is another option: They could wait for a full, proper investigation to be conducted. But the downside risk is even worse than confirming him despite everything, because the clock is ticking on confirming a replacement during the current Congress: If Democrats win a Senate majority, they would (at the very least) insist on a compromise nominee. Republicans certainly have very strong incentives to avoid that possibility.

This isn’t a criminal trial. It’s politics. The Framers gave nomination power to the politician in the White House and confirmation power to politicians in the Senate. Legal presumption of innocence doesn’t apply. Kavanaugh certainly wouldn’t be the first high-ranking political figure to lose an opportunity due to accusations of misconduct. That’s not to say there would be no injustice to him involved (if he is telling the truth); political parties make decisions all the time to select one candidate and not another, with very little concern for fairness. Indeed, it wouldn’t be surprising if there’s some Republican appellate court judge right now who lost out on this nomination thanks to unconfirmed rumors about something that might look bad during confirmation.

And don’t tell me that Democrats will just smear the next candidate because they supposedly always do. As several people have pointed out, no such charges surfaced against Neil Gorsuch, John Roberts or Samuel Alito — either when they were nominated or, for that matter, since then. Nor have there been any against Donald Trump’s nominees for circuit court positions, or, if I recall correctly, for any of George W. Bush’s, either. Nor have there been such allegations against any of Trump’s cabinet officials. That of course isn’t evidence that what two women have said about Kavanaugh is true. But it does mean that there’s no reason to believe that if Republicans sink this nomination that Democrats will respond with smears of other Republicans.

I continue to believe that the injustice of putting Kavanaugh on the Supreme Court if what Ford and Deborah Ramirez say is true outweigh the injustice of withdrawing the nomination if he is innocent. Withdrawing the nomination is the right thing to do.

But never mind that: It’s clearly in the political interests of the Republican Party to cut their losses here and move on. How? All it would take is for three or four Republican senators to tell Mitch McConnell — privately if possible, publicly if necessary — that they plan to vote against the nomination. He’d have no choice but to pull the plug. And if that doesn’t happen, it will be just the latest evidence of serious dysfunction within the party.

Avenatti Claims to Have Evidence That Brett Kavanaugh Was Involved in ‘Gang Rapes’ in High School

People

Avenatti Claims to Have Evidence That Brett Kavanaugh Was Involved in ‘Gang Rapes’ in High School

Tierney McAfee, People        September 24, 2018 

Brett Kavanaugh Accused of Sexual Misconduct by Second Woman

Variety

Brett Kavanaugh Accused of Sexual Misconduct by Second Woman

Erin Nyren, Variety       September 23, 2018 

 

Some Men Just Don’t Get It!

Associated Press

North Dakota Candidate: Kavanaugh allegation ‘absurd’ !

    Associated Press       September 22, 2018

Republicans Are Waging War on Women—and Two Women Can Stop Them

Harper’s Bazaar – Politics

Republicans Are Waging War on Women—and Two Women Can Stop Them

Alyssa Milano, Harper’s Bazaar        September 20, 2018  

Mazie Hirono Is a Legitimate Badass of the Senate

Esquire

Mazie Hirono Is a Legitimate Badass of the Senate

It’s about time someone in elected office called “bullshit” on this process.

By Charles P. Pierce      September 21, 2018

Senate Holds Confirmation Hearing For Brett Kavanaugh To Be Supreme Court JusticeGetty ImagesZach Gibson.

To be honest, all I ever previously thought of Senator Mazie Hirono, Democrat of Hawaii, was that she seemed to be a smart, pleasant person who largely voted in ways of which I approved. (There are a number of smart, pleasant people who largely vote in ways of which I don’t approve, and there are colossal dicks who vote in ways of which I approve, and there are colossal dicks who vote in ways of which I do not approve. Humans are a mystery.) I don’t recall her being terribly involved in the confirmation hearings for Justice Neil Gorsuch. However, starting about two weeks ago, or roughly the same time as Brett Kavanaugh dropped by the Senate Judiciary Committee on which she serves, Mazie Hirono decided it was time to unleash hell.

On Tuesday, frustrated at the piddling, dilatory response to the charges against Kavanaugh, Hirono said this:

 

“Guess who’s perpetuating all of these kinds of actions? It’s the men in this country. I just want to say to the men in this country: Just shut up and step up. Do the right thing for a change.”

Then, on Thursday, responding to Republican assertions that they were doing all they could to accommodate Dr. Christine Blasey Ford, and that they were taking her charges seriously, Hirono said this to ABC News:

“We’re not consulted at all. I would like to have us come together and figure out what is the best way to proceed. Not this seat of the pants stuff, and the latest being a letter from the chairman to the Democrats saying we have done everything we can to contact her—that is such bullshit I can hardly stand it.”

(I should note that the senator is welcome to swing on by the shebeen at any time. She seems to be a blogging natural.)

Sens Hirono And Gillibrand Accept Letter Supporting Christine Blasey Ford

“I’ve been fighting these fights for a — I was going to say f-ing long time,” Hirono said in the interview, glancing over at an aide before uttering the expletive a few moments later as the interview continued.

Go for the gold, senator. Say it out loud.

President Trump's Supreme Court Justice Pick Brett Kavanaugh's Nomination In Jeopardy Over Past Accusations

The Senate’s only immigrant takes that fight to President Trump, whom she openly calls “xenophobic” and a “liar.” “To call the president a liar, that is not good, but it happens to be the truth,” the soft-spoken Hawaii senator told Time recently. The Democrat also takes that fight to Senate Judiciary Committee, as it weekly considers a tranche of Trump judicial nominees, abandoning long-standing rules that guaranteed significant time to examine each nominee’s record. There are lots of big-gun Democrats on the committee, senators who get a lot more attention than Hirono. But she is perhaps the most dogged, albeit polite, questioner.

She also has a remarkable personal story, as Totenberg relates. She is the only true immigrant in the Senate, having been hauled off to Hawaii from Japan by her mother to get the family away from an alcoholic ne’er-do-well father. She also apparently ran against the grain of the Hawaiian political establishment to get where she is today, a newly recognized legitimate badass in the Senate.

After a long day, this reporter asked her why her skepticism about Trump judicial nominees is any different from Republican skepticism of Obama nominees. Her reply was that what she wants are judges who are fair and qualified and “care about individual and civil rights.” And then, without missing a beat, she added, “If that’s considered liberal, as opposed to what I call justice and fairness, as I am wont to say, ‘F*** them!’ “

And, one presumes, the horses on which they rode in.

Republicans, be forewarned: Kavanaugh’s accuser has options

The Washington Post -Opinions

Democracy Dies in Darkness

Republicans, be forewarned: Kavanaugh’s accuser has options

Jennifer Rubin, Opinion Writer         September 20, 2018

Supreme Court nominee Brett Kavanaugh (AP Photo/J. Scott Applewhite)
Opinion | Have we changed since Anita Hill’s testimony?

As Supreme Court nominee Brett Kavanaugh faces a sexual misconduct allegation, columnist Ruth Marcus asks, who’s responsible for the burden of proof? 

The Post Reports:

Senate Republicans strongly signaled on Wednesday that they will forge ahead with embattled Supreme Court nominee Brett M. Kavanaugh’s confirmation as his accuser called the rush for a public hearing next week unfair.

GOP senators who fretted earlier this week about the prospects for President Trump’s pick are now largely pushing for a vote on Kavanaugh, who is accused of sexually assaulting now-professor Christine Blasey Ford when they were teenagers, amid signs that she may decline to testify before the Senate Judiciary Committee. And Trump is more convinced he should stand by Kavanaugh than he was two days ago, people close to the White House say.

Trump, whom a flock of women has accused of harassment and assault, and the all-male Republican contingent on the Senate Judiciary Committee might think they have Ford cornered. The reality is that she has many options, some of which are far more dangerous to Republicans than what she has demanded, namely an FBI investigation.

Ford might choose to appear on Monday, and make a powerful opening statement accusing Republicans of running a sham investigation. Committee Chairman Charles Grassley (R-Iowa) has figured out it would be a good idea to interview her in advance of Monday’s hearings, but the staffers conducting the interview would be unlikely to have the ability or the will to follow up on investigative leads. Ford can and should refuse to give her inquisitors two bites at the apple. When she gets in front of the cameras, she should remind the country:

• This concerns attempted rape, something far more serious than the allegations raised by Anita Hill against Clarence Thomas during his 1991 confirmation hearings.

•  The FBI investigated Hill’s claims within three days (Republicans could have sent the FBI and gotten a report back by now if they hadn’t been stalling).

• Mark Judge allegedly witnessed the attack, but Republicans refuse to call him as a witness, so we can assume that they regard him as a person who would harm Kavanaugh’s defense.

• Republicans’ insistence that Ford provide even more detail is hypocritical (since they don’t want an FBI investigation) and misguided, given the large body of research concerning memories of victims of sexual assault (e.g., gaps in memory are common).

• If Kavanaugh was an excessive drinker in high school, as has been alleged, he’s in no position to testify accurately as to what he did and didn’t do.

• The unsubstantiated attacks on Ford by members such as Sen. Lindsey Graham (R-S.C.) reveal that they have predetermined the outcome of the hearing. (“She had plenty of chances to bring it up, she did not,” Graham said. “We’re not going to play this game anymore. We [want] Miss Ford to be heard but clearly to me, in August, she hired a lawyer who’s a very activist lawyer, who does not like President Trump and paid for a polygraph.”) But this is no “game,” and Ford has every right to seek counsel to fend off attacks like the very ones that Republican senators are making.

In short, Ford can use the hearing to put the senators, who have behaved shabbily, on defense.

Ford has another option: Hold a news conference with her own experts and make the case directly to the American people. She can sit down for an interview with a respected TV journalist. She can say whatever she wants, make certain that experts are heard and even recount the much more extensive investigative efforts undertaken when Hill stepped forward. To make her case to the American people and convince them that she is sincere, honest and credible, Ford doesn’t need the Senate.

Ford also might have the ability to go to local police to investigate if the White House refuses to activate the FBI. The Hill reports: “Can Brett Kavanaugh be investigated for an attempted rape he allegedly committed over three decades ago? In Maryland, it’s entirely possible under the law, according to some experts. Now members of the American public are calling for Maryland Attorney General Brian Frosh to open an investigation, especially if the FBI doesn’t.” That would be a process over which neither the Senate nor the Trump administration would have any control.

In short, Ford has a powerful story to tell. In trying to jam her into their abbreviated, one-sided process, Senate Republicans open the door to far more dangerous options, where the American people get to judge for themselves whether she is credible. As Kavanaugh’s approval rating slides, Republicans need to consider whether it is worth unleashing a firestorm to defend a nominee who might be a further drag on their midterm races.

Read more:

In an infuriating rush to seat Kavanaugh, senators say the darnedest things

Republicans are fearful of a full airing of an attempted rape allegation

Kavanaugh’s confirmation went seriously off track weeks ago

What Kavanaugh deserves — and what we deserve from him

Yahoo News

Matt Bai’s Political World

Matt Bai          September 20, 2018

GOP Fakes Sincerity for Kavanaugh’s Accuser, Then Goes In for Kill

OPINION

Photo Illustration by The Daily Beast

Well, it seems the Republicans have learned exactly one thing in the 27 years since the Anita Hill hearings: be respectful to the woman in the first 24 hours. Hey, that’s progress. At this rate, they’ll demand an FBI investigation in 2045, and by 2072, who knows, maybe they’ll actually believe the woman!

Read this New York Times article from October 7, 1991. It’s the first-day article announcing the explosive news that Hill accused Clarence Thomas of sexual harassment just two days away from his full Senate confirmation vote.

In it, the reporter writes that the George H.W. Bush White House began pushback against Hill that very day, or the day before: White House staffers gave reporters the name of another woman who had worked with Hill and Thomas at the Equal Employment Opportunity Commission and would vouch for Thomas. The woman said Hill was making the charges up out of spite that Thomas “did not show any sexual interest in her” (the Times’ words, not the woman’s).

Compare to today. Kellyanne Conway said straight out of the chute that Dr. Ford deserves to be heard. Donald Trump said nothing untoward about her. Can you imagine how itchy his Twitter finger was on Monday morning? But they hid his smart phone in the White House gym or vegetable cellar or some other chamber Trump doesn’t frequent.

I’m not complimenting them. I’m observing that they figured out that the narrative on these kinds of things is set in the first 24 hours and so it was crucial that for those 24 hours, they behave themselves. Seem like they learned from last time, or even from #MeToo.

Lindsey Graham, earlier in the week, even uttered the r-word: “I’d have a hard time putting somebody on the Court that I thought tried to rape somebody. Period.” That quote arrested me, as it seemed to indicate that Graham was actually being open to the possibility of an investigation to determine just what Brett Kavanaugh actually did that night.

But within 24 hours, Graham was back on side. “Requiring an FBI investigation of a 36-year-old allegation (without specific references to time or location) before Professor Ford will appear before the Judiciary Committee is not about finding the truth, but delaying the process till after the midterm elections,” Graham tweeted after Christine Blasey Ford’s lawyer said she wanted an FBI investigation before testifying. “It is imperative the Judiciary committee move forward on the Kavanaugh nomination and a committee vote be taken ASAP.”

So that’s what they’ve learned in 27 years—and evidently, it’s all they need to learn, because it looks like it’s going to get their nominee through. They played it cool at the start so that the first-day stories wouldn’t say the Republicans blew a gasket and immediately started discrediting the woman; so that instead, those stories would say “Republicans agree Dr. Ford should be heard.” Establish them as reasonable people. Then, once they skated through that news cycle, they’d start turning the screws.

They played it like Bond villains. Sit down, Meestah Bond. We are both men of the world. We have much to discuss. Beluga caviar? Dom Perignon ’55? What’s that, you prefer the ’53? Alfonso, down to the cellar, fetch a bottle of the ’53! It’s all civility for a few hours. Then they attach him to the laser beam machine with the piranhas swimming below.

That’s what the Republicans do, except they’re smarter than Blofeld. They don’t walk away so the captive can escape. They stay and watch. They finish the job.

They know exactly what they can get away with, because they know the sad truth of the matter. The sad truth of the matter is that Ford and her lawyers don’t have the leverage to force an FBI investigation or delay the hearing. The only leverage Ford had, potentially, was if Donald Trump had called her a liar and a slut in those first 24 hours. Then, she’d have been a figure of enormous sympathy. Now, alas, she’s mostly a figure of partisan sympathy.

Mind you, she shouldn’t have to demand an FBI probe. If the Republicans were actually interested in learning the truth about what happened on that long-ago night, of course they’d want the FBI to look into it. If the White House was interested, it would have directed the FBI to get to the bottom of her allegations.

By the way, if this isn’t too dog-bites-man, Donald Trump lied about all that. “The FBI said they don’t really do that,” he said Tuesday. No. According to Pete Williams of NBC news, it’s up to the White House to ask the FBI to investigate.

But they didn’t want an FBI probe. They were terrified of what an FBI probe would find, just as they were all mortified at the idea that they might have to be relying on Mark Judge as a character witness.

So they’re getting their way, probably. Although Ford could still show up next Monday and blow people away. She’d need to find just the right tone in telling them, ‘You set me up; you made me come up here with a few days’ preparation while getting death threats and take your best shots, and fine, I’m doing it.’ If she does testify and does it well, she can turn this around one more time.

And if she can’t, well, that’s a hell of a weight to put on someone who was a private person minding her own business until five days ago. I believe her. I bet most people believe her. I bet Susan Collins and Lisa Murkowski end up believing her. But I bet they won’t have the courage to admit it.

Just remember: If Kavanaugh does make it, there’s one good way to get revenge. Vote. Vote, vote, vote. Make the Senate Democratic. That should ensure no more Supreme Court choices for Trump if another vacancy opens up (the Democrats just need to stonewall, as the Republicans did to Merrick Garland) and virtually no confirmations of any consequence.

The time to stop Kavanaugh was 2016. But the time to stop future ones? That starts this November 6.