How did the Kavanaugh confirmation move so quickly?

Clash Royale CLAN TAG#URR8PPP
up vote
30
down vote
favorite
I did not pay attention to the news for a few days and am completely confused now. Last I saw, Kavanaugh was in the midst of his sexual assault hearings. I thought Trump had said he would let a further investigation be done. Fast forward a few days, I check on the news again, and I am seeing headlines about Kavanaugh already being sworn in and hearing cases as a supreme court justice!
I feel like there is a huge piece of news in the middle that is missing, yet I'm trying to Google it and all I find are articles from a few days ago about the sexual assault proceedings, about the FBI doing next to nothing for an investigation, and articles from now about Kavanaugh being sworn in and already sitting in the supreme court.
What are we missing? How did this just get fast tracked? Where is the politics in the middle? Where is the news leading up to a vote? Since the sexual assault allegations investigation sounds like a sham according to all the articles I see (many accusations were ignored), how was this allowed to proceed?
How did we just go from "Republicans would like this done before elections, but there will likely be a drawn-out affair with investigations and such," before the weekend to "Bam, it's all done and over with" after the weekend... what happened in between (or didn't happen that should have)?
Preemptive disclaimer
I am neither for nor against Trump or Kavanaugh, so this is not an "anti Kavanaugh" question, and I would prefer that we try to remain neutral. I don't know if he did or didn't do what he was accused of, and I didn't vote for either Trump or Clinton (though I did vote). But I am surprised about what just happened and am floored by the lack of proceedings between "we claim he raped us" and "he's our justice now" and am looking for the missing link.
united-states supreme-court senate-rules nomination
New contributor
Aaron is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |Â
up vote
30
down vote
favorite
I did not pay attention to the news for a few days and am completely confused now. Last I saw, Kavanaugh was in the midst of his sexual assault hearings. I thought Trump had said he would let a further investigation be done. Fast forward a few days, I check on the news again, and I am seeing headlines about Kavanaugh already being sworn in and hearing cases as a supreme court justice!
I feel like there is a huge piece of news in the middle that is missing, yet I'm trying to Google it and all I find are articles from a few days ago about the sexual assault proceedings, about the FBI doing next to nothing for an investigation, and articles from now about Kavanaugh being sworn in and already sitting in the supreme court.
What are we missing? How did this just get fast tracked? Where is the politics in the middle? Where is the news leading up to a vote? Since the sexual assault allegations investigation sounds like a sham according to all the articles I see (many accusations were ignored), how was this allowed to proceed?
How did we just go from "Republicans would like this done before elections, but there will likely be a drawn-out affair with investigations and such," before the weekend to "Bam, it's all done and over with" after the weekend... what happened in between (or didn't happen that should have)?
Preemptive disclaimer
I am neither for nor against Trump or Kavanaugh, so this is not an "anti Kavanaugh" question, and I would prefer that we try to remain neutral. I don't know if he did or didn't do what he was accused of, and I didn't vote for either Trump or Clinton (though I did vote). But I am surprised about what just happened and am floored by the lack of proceedings between "we claim he raped us" and "he's our justice now" and am looking for the missing link.
united-states supreme-court senate-rules nomination
New contributor
Aaron is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
13
Maybe a little more research would have been helpful. The FBI concluded its investigation, confirming that there was no corroborating evidence of any accusation, and the Senate confirmed Kavanaugh on Saturday. The Supreme Court actually began its session last Monday, before Kavanaugh was sworn in, so he's coming right into it with the work already underway.
â Joe
yesterday
14
@Joe Actually, it was precisely more research that lead me to believe that the FBI did not confirm that there was no corroborating evidence, which I briefly mentioned in the question. Unless the news is lying, the FBI ignored many claims and witnesses. They may have filed a report which stated "We confirm that..." but you cannot actually say they confirmed anything if they didn't honestly look into it. Are the news articles gross exaggerations? It wouldn't be the first time if they were, but I wasn't going to assume that was the case until I had reason to believe otherwise.
â Aaron
yesterday
5
@Aaron - We don't really know what the report said, because it was under extreme lockdown (which may, in fact, be normal, but that doesn't change how restrictive it is). All we know for sure (as far as I know) is that it was convincing enough to enable some of the holdouts to vote for him.
â Bobson
yesterday
1
@Bobson Interesting point. When we see in news articles that certain claims were ignored and that certain people were not spoken to, does that mean that those claims could be false? Perhaps someone assumes a certain claim was ignored, or someone claims they weren't spoken to, etc., but that all claims about what the FBI did or did not do are mostly speculation and hearsay?
â Aaron
yesterday
1
Comments are not for extended discussion; this conversation has been moved to chat.
â yannisâ¦
17 mins ago
add a comment |Â
up vote
30
down vote
favorite
up vote
30
down vote
favorite
I did not pay attention to the news for a few days and am completely confused now. Last I saw, Kavanaugh was in the midst of his sexual assault hearings. I thought Trump had said he would let a further investigation be done. Fast forward a few days, I check on the news again, and I am seeing headlines about Kavanaugh already being sworn in and hearing cases as a supreme court justice!
I feel like there is a huge piece of news in the middle that is missing, yet I'm trying to Google it and all I find are articles from a few days ago about the sexual assault proceedings, about the FBI doing next to nothing for an investigation, and articles from now about Kavanaugh being sworn in and already sitting in the supreme court.
What are we missing? How did this just get fast tracked? Where is the politics in the middle? Where is the news leading up to a vote? Since the sexual assault allegations investigation sounds like a sham according to all the articles I see (many accusations were ignored), how was this allowed to proceed?
How did we just go from "Republicans would like this done before elections, but there will likely be a drawn-out affair with investigations and such," before the weekend to "Bam, it's all done and over with" after the weekend... what happened in between (or didn't happen that should have)?
Preemptive disclaimer
I am neither for nor against Trump or Kavanaugh, so this is not an "anti Kavanaugh" question, and I would prefer that we try to remain neutral. I don't know if he did or didn't do what he was accused of, and I didn't vote for either Trump or Clinton (though I did vote). But I am surprised about what just happened and am floored by the lack of proceedings between "we claim he raped us" and "he's our justice now" and am looking for the missing link.
united-states supreme-court senate-rules nomination
New contributor
Aaron is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
I did not pay attention to the news for a few days and am completely confused now. Last I saw, Kavanaugh was in the midst of his sexual assault hearings. I thought Trump had said he would let a further investigation be done. Fast forward a few days, I check on the news again, and I am seeing headlines about Kavanaugh already being sworn in and hearing cases as a supreme court justice!
I feel like there is a huge piece of news in the middle that is missing, yet I'm trying to Google it and all I find are articles from a few days ago about the sexual assault proceedings, about the FBI doing next to nothing for an investigation, and articles from now about Kavanaugh being sworn in and already sitting in the supreme court.
What are we missing? How did this just get fast tracked? Where is the politics in the middle? Where is the news leading up to a vote? Since the sexual assault allegations investigation sounds like a sham according to all the articles I see (many accusations were ignored), how was this allowed to proceed?
How did we just go from "Republicans would like this done before elections, but there will likely be a drawn-out affair with investigations and such," before the weekend to "Bam, it's all done and over with" after the weekend... what happened in between (or didn't happen that should have)?
Preemptive disclaimer
I am neither for nor against Trump or Kavanaugh, so this is not an "anti Kavanaugh" question, and I would prefer that we try to remain neutral. I don't know if he did or didn't do what he was accused of, and I didn't vote for either Trump or Clinton (though I did vote). But I am surprised about what just happened and am floored by the lack of proceedings between "we claim he raped us" and "he's our justice now" and am looking for the missing link.
united-states supreme-court senate-rules nomination
united-states supreme-court senate-rules nomination
New contributor
Aaron is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
Aaron is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
edited 9 mins ago
grovkin
2,2511934
2,2511934
New contributor
Aaron is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked yesterday
Aaron
26937
26937
New contributor
Aaron is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
Aaron is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Aaron is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
13
Maybe a little more research would have been helpful. The FBI concluded its investigation, confirming that there was no corroborating evidence of any accusation, and the Senate confirmed Kavanaugh on Saturday. The Supreme Court actually began its session last Monday, before Kavanaugh was sworn in, so he's coming right into it with the work already underway.
â Joe
yesterday
14
@Joe Actually, it was precisely more research that lead me to believe that the FBI did not confirm that there was no corroborating evidence, which I briefly mentioned in the question. Unless the news is lying, the FBI ignored many claims and witnesses. They may have filed a report which stated "We confirm that..." but you cannot actually say they confirmed anything if they didn't honestly look into it. Are the news articles gross exaggerations? It wouldn't be the first time if they were, but I wasn't going to assume that was the case until I had reason to believe otherwise.
â Aaron
yesterday
5
@Aaron - We don't really know what the report said, because it was under extreme lockdown (which may, in fact, be normal, but that doesn't change how restrictive it is). All we know for sure (as far as I know) is that it was convincing enough to enable some of the holdouts to vote for him.
â Bobson
yesterday
1
@Bobson Interesting point. When we see in news articles that certain claims were ignored and that certain people were not spoken to, does that mean that those claims could be false? Perhaps someone assumes a certain claim was ignored, or someone claims they weren't spoken to, etc., but that all claims about what the FBI did or did not do are mostly speculation and hearsay?
â Aaron
yesterday
1
Comments are not for extended discussion; this conversation has been moved to chat.
â yannisâ¦
17 mins ago
add a comment |Â
13
Maybe a little more research would have been helpful. The FBI concluded its investigation, confirming that there was no corroborating evidence of any accusation, and the Senate confirmed Kavanaugh on Saturday. The Supreme Court actually began its session last Monday, before Kavanaugh was sworn in, so he's coming right into it with the work already underway.
â Joe
yesterday
14
@Joe Actually, it was precisely more research that lead me to believe that the FBI did not confirm that there was no corroborating evidence, which I briefly mentioned in the question. Unless the news is lying, the FBI ignored many claims and witnesses. They may have filed a report which stated "We confirm that..." but you cannot actually say they confirmed anything if they didn't honestly look into it. Are the news articles gross exaggerations? It wouldn't be the first time if they were, but I wasn't going to assume that was the case until I had reason to believe otherwise.
â Aaron
yesterday
5
@Aaron - We don't really know what the report said, because it was under extreme lockdown (which may, in fact, be normal, but that doesn't change how restrictive it is). All we know for sure (as far as I know) is that it was convincing enough to enable some of the holdouts to vote for him.
â Bobson
yesterday
1
@Bobson Interesting point. When we see in news articles that certain claims were ignored and that certain people were not spoken to, does that mean that those claims could be false? Perhaps someone assumes a certain claim was ignored, or someone claims they weren't spoken to, etc., but that all claims about what the FBI did or did not do are mostly speculation and hearsay?
â Aaron
yesterday
1
Comments are not for extended discussion; this conversation has been moved to chat.
â yannisâ¦
17 mins ago
13
13
Maybe a little more research would have been helpful. The FBI concluded its investigation, confirming that there was no corroborating evidence of any accusation, and the Senate confirmed Kavanaugh on Saturday. The Supreme Court actually began its session last Monday, before Kavanaugh was sworn in, so he's coming right into it with the work already underway.
â Joe
yesterday
Maybe a little more research would have been helpful. The FBI concluded its investigation, confirming that there was no corroborating evidence of any accusation, and the Senate confirmed Kavanaugh on Saturday. The Supreme Court actually began its session last Monday, before Kavanaugh was sworn in, so he's coming right into it with the work already underway.
â Joe
yesterday
14
14
@Joe Actually, it was precisely more research that lead me to believe that the FBI did not confirm that there was no corroborating evidence, which I briefly mentioned in the question. Unless the news is lying, the FBI ignored many claims and witnesses. They may have filed a report which stated "We confirm that..." but you cannot actually say they confirmed anything if they didn't honestly look into it. Are the news articles gross exaggerations? It wouldn't be the first time if they were, but I wasn't going to assume that was the case until I had reason to believe otherwise.
â Aaron
yesterday
@Joe Actually, it was precisely more research that lead me to believe that the FBI did not confirm that there was no corroborating evidence, which I briefly mentioned in the question. Unless the news is lying, the FBI ignored many claims and witnesses. They may have filed a report which stated "We confirm that..." but you cannot actually say they confirmed anything if they didn't honestly look into it. Are the news articles gross exaggerations? It wouldn't be the first time if they were, but I wasn't going to assume that was the case until I had reason to believe otherwise.
â Aaron
yesterday
5
5
@Aaron - We don't really know what the report said, because it was under extreme lockdown (which may, in fact, be normal, but that doesn't change how restrictive it is). All we know for sure (as far as I know) is that it was convincing enough to enable some of the holdouts to vote for him.
â Bobson
yesterday
@Aaron - We don't really know what the report said, because it was under extreme lockdown (which may, in fact, be normal, but that doesn't change how restrictive it is). All we know for sure (as far as I know) is that it was convincing enough to enable some of the holdouts to vote for him.
â Bobson
yesterday
1
1
@Bobson Interesting point. When we see in news articles that certain claims were ignored and that certain people were not spoken to, does that mean that those claims could be false? Perhaps someone assumes a certain claim was ignored, or someone claims they weren't spoken to, etc., but that all claims about what the FBI did or did not do are mostly speculation and hearsay?
â Aaron
yesterday
@Bobson Interesting point. When we see in news articles that certain claims were ignored and that certain people were not spoken to, does that mean that those claims could be false? Perhaps someone assumes a certain claim was ignored, or someone claims they weren't spoken to, etc., but that all claims about what the FBI did or did not do are mostly speculation and hearsay?
â Aaron
yesterday
1
1
Comments are not for extended discussion; this conversation has been moved to chat.
â yannisâ¦
17 mins ago
Comments are not for extended discussion; this conversation has been moved to chat.
â yannisâ¦
17 mins ago
add a comment |Â
7 Answers
7
active
oldest
votes
up vote
50
down vote
The situation is fairly complex so I'm not surprised it was confusing. Here's the general rundown (partially pulled from this article for brevity)
- Sometime in July, Ford (Kavanaugh's accuser) wrote a letter to Diane Feinstein (D-CA) with her allegation that Kavanaugh had assaulted her sometime around 1982. The letter purportedly requested anonymity and Feinstein appears to have honored that request.
- On September 12, The Intercept was fed the letter by an unnamed source. At this point, the confirmation process was nearly complete and the Judiciary Committee was set to hold a vote.
- The next few days saw rapid development of the story, as well as two less credible accusations. Ford's name was exposed and reporters interviewed people named in the letter. Democrats would start to demand hearings during this time.
- On September 27, both Ford and Kavanaugh testified in front of cameras and the Judiciary Committee.
- On September 28, the Judiciary Committe voted, entirely along party lines, to move the nomination to the Senate Floor. Senator Jeff Flake (R-AZ) asked the FBI to investigate the allegations before a final vote.
- On October 4 the FBI reported back. The gist of the report (not made public) is that none of any of the allegations of Ford or the other two accusers made could be substantiated. The report was criticized for many reasons, most notably that the FBI had not interviewed Ford.
- On October 6, Kavanaugh was confirmed 50-48
How did this just get fast tracked? Where is the politics in the middle?
It wasn't fast tracked. The process was nearly done (almost 2 months of interviews, investigations and meetings with Kavanaugh) when the allegations leaked. The problem for Kavanaugh opponents generally came down to
- The timing. There's no denying the leak was of tremendous benefit to Democrats. Prior speculation was that red-state Democrats would vote to confirm. The allegation ensured that didn't happen (with all except Manchin citing this as the reason they voted "No"). But it also meant that timing before the mid-term elections were seen as stalling for a post-election vote, when Democrats could potentially retake the Senate and block the nomination outright. There had already been attempts to stall the voting prior to this, and it was widely viewed among Republicans that this was an extension of those attempts. With Republicans in control, there was no convincing them to entertain any more delays.
- A lack of credible allegations. Ford was the only one of the accusers who made any allegations that could be taken seriously (the last accuser changed her story during a TV interview). She testified, with conviction, that it was Kavanaugh who had assaulted her, but nobody she named could corroborate her story, or even when it could have occurred. The FBI appears to have been unable to shed any light on when it could have happened. The other accusations had even worse credibility, with the second admitting she was quite drunk, and the third making outlandish accusations (that Kavanaugh was part of a sex ring).
- Ultimately, the vote on confirming Kavanaugh was about whether or not Senators, not the FBI or police, believed he was guilty of this crime. Having had additional (if criticized) background checking done was unlikely to sway too many people beyond what they had already decided. The politics were already set before the allegations.
11
"Nobody she named could corroborate her story, or even when it could have occurred." Kavanaugh's calendar pretty much placed the assault on July 1st 1982 (âÂÂTimmyâÂÂs for skis with Judge, Tom, P.J. Bernie, SquiâÂÂ), and when Rachel Mitchell's questioning started to make that obvious, the GOP stepped in and sidelined her.
â Russell Borogove
19 hours ago
11
-1 This is a very one-sided/biased view of the situation. It completely misses the (at least) questionable statements by Kavanaugh himself and the limited FBI investigation (as requested by the white house) that took place.
â Lebbers
17 hours ago
10
@Lebbers There's no point in mentioning the quibbles with what Kavanaugh said in this question. But I did address the FBI controversy in my last point. Democrats were hoping for an endless fishing expedition that would either run out the clock or find some new point to grandstand on. Keep in mind that there was no shortage of professional reporters investigating these claims. Substantiating any of Ford's claims would have been an exceptionally great scoop and sunk the nomination. So saying the FBI background check (and subsequent re-check) was insufficient is incorrect.
â Machavity
16 hours ago
12
What kind of investigation doesn't interview the accusers or the accused? Anyone who calls an investigation like that sufficient clearly wasn't interested in the truth.
â Alexander O'Mara
15 hours ago
7
@AlexanderO'Mara The investigation was conducted by the SJC, and the accuser and accused were both questioned under oath.
â chrylis
8 hours ago
 |Â
show 14 more comments
up vote
40
down vote
I'm not sure what the standard for evidence is (i.e. for references) on this site.
If you want to know, here's what I inferred from following the Twitters of a couple of (anti-Trump) American lawyers.
- The weren't "sexual assault hearings", they were "senate confirmation hearings"
- Senate procedure has previously (since 2013 and 2017, as explained in detail in another answer) been changed to require only a bare majority, rather than 60%
- News of a historic sexual assault complaint was leaked somehow, late in the process (i.e. just before a vote was due)
- They delayed the vote (for about a week) to hear from the accuser in person
- After those hearings, one Republican said, let's have just a little bit more of that FBI background check
- There's no criminal complaint involved (and if anything the complaint would be of a state crime not a federal crime), so the FBI's investigation is a background investigation (requested by the White House), and not an independent criminal investigation -- the FBI has no mandate to investigate except to whatever extent the White House asks them to
- The White House asked for a limited investigation -- e.g. the FBI didn't interview the accuser, nor the accused, nor review other potential evidence (e.g. therapy notes), nor (so far as I know) did they fact-check what Kavanaugh said during the hearings, nor did they accept testimony from other people (possibly including other independent complaints) who were trying to volunteer it -- which took little time (i.e. completed within a week)
- The results of the investigation were kept secret (not published)
- The Senate majority (IOW the Republican party) then went ahead (within a few days) and voted, having concluded e.g. that the allegations were unproven and the accusation uncertain (to put it politely)
Some complain the scope of the investigation was purposefully limited, to result in a shallow sham, a fig leaf to provide deniability ("we investigated and found nothing").
Conversely, the President said (yesterday's speech at the White House) that Kavanaugh was "proven innocent".
4
Note that the change to a bare majority occurred prior to the current situation.
â GalacticCowboy
23 hours ago
4
A very politically-neutral and well-researched answer. I'd add that the wry side of me thinks that Gamble v. United States (being litigated by a former Scalia law clerk, and which will have a huge impact on Trump's ability to pardon his cohorts and himself) was just bumped back to Thanksgiving so Kavanaugh could be a part of it.
â Carduus
23 hours ago
2
There's a lot I've skipped -- including who defined the scope of the FBI investigation -- and what a lot of other people said and did at various times. It's not even true to say that it was all Republican, i.e. Senator Collins voted too, why I don't know. Anyway the eventual vote was very close and very nearly along strictly-part lines.
â ChrisW
23 hours ago
3
I seem to recall that the therapy notes were being held by the accuser's attorney, and hence couldn't be reviewed by the FBI
â Valorum
22 hours ago
3
Ford testified at the confirmation hearing that the therapy notes did not mention Kavanaugh.
â evildemonic
20 hours ago
 |Â
show 12 more comments
up vote
11
down vote
Essentially, the Republicans had decided they were going to confirm Kavanaugh and do it fast in order for him to be on the bench for an October case. At that point, the hearings lasted only long enough to get enough people on board.
Supreme Court justices are, by the Constitution, nominated by the President and confirmed or not by the Senate. There are no other Constitutional requirements, which means the Senate can conduct whatever hearings it likes before voting. There is no requirement for any serious deliberation.
New contributor
David Thornley is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |Â
up vote
6
down vote
Here is a "Tick Tock"-style article about the end of the nomination and the vote. (This link is to the NY Times, but it's an AP article and available elsewhere, too.) It covers what happened when, but it boils down to:
- Committee votes to pass Kavanaugh, with the condition that the FBI do an investigation.
- White House authorizes a one-week investigation. (There are accusations that the FBI was hobbled in this investigation.)
- Four Senators (Republicans Collins, Murkowski and Flake, Democrat Manchin) were undeclared during that week. Because of the 48 committed Republican votes for, and 48 committed Democratic votes against, it required two of these four to agree to pass Kavanaugh in order for him to be confirmed (VP Pence breaks ties).
- The FBI released its report to Senators on Thursday.
- All Senators reviewed it.
- Collins, Flake, and Manchin announced they would vote for Kavanaugh after all.
- The cloture vote happened on Friday, and passed 51-49.
- The confirmation vote happened on Saturday, and passed 50-48 (Murkowski voted "present" instead of "no", to balance the lack of another "yes" Senator who couldn't make the vote).
- Kavanaugh was sworn in in a private ceremony on Saturday.
add a comment |Â
up vote
5
down vote
It's not rocket science. It boils down to three things:
- Republicans wanted a win going into the midterms to boost their appeal
- Republicans wanted to confirm Kavanaugh before the midterms, because if they lost control of the Senate they would never be able to confirm him (or anyone like him)
- They had the votes, and so could get away with it.
History will tell us what Manchin, Flake and especially Collins were promised if they voted to confirm. Probably soon.
#2 is why they wanted to, and I addressed that as well, but that still left me (and apparently many others) with a head spin. For #1: I don't contest that perhaps that's an intent, but it certainly doesn't sound like an appeal booster to me as I would assume many fence sitters are likely to vote against them now.... but I could be wrong, as the will of the majority never ceases to amaze me.
â Aaron
22 hours ago
5
The Trump administration has demonstrated consistently that their preferred approach is to do things that appeal to their base and never mind the people who don't like them. How that will work out remains to be seen.
â DJClayworth
22 hours ago
1
Many of the senators that voted for Kavenaugh's confirmation aren't Trump fans per se. It would have taken only a few to prevent this confirmation and get a different candidate (by telling Trump to nominate someone else), right? It's clear that Trump and his administration do what they want, but why don't the (or at least some) senators stand up to that?
â JJJ
22 hours ago
The life of a Senator is complicated. First, even sitting Senators don't get nominated if they upset the administration enough. Then the administration decides whether or not to appoint them to committees, to allow time for bills that they want to pass, provide federal funds for various initiatives in their state, etc. Then there is the question of whether the Senator's state supports the nominee or not. Even if e.g. Susan Collins finds Brett Kavanaugh personally repugnant and unqualified to be a judge, she has to think whether the good people of Arizona agree with her.
â DJClayworth
22 hours ago
1
@DJClayworth that's quite scary when you keep in mind the senate is supposed to act as a check on the president (especially in these confirmation hearings).
â JJJ
7 hours ago
 |Â
show 3 more comments
up vote
4
down vote
Weakening of the Filibuster was one of the primary reasons this moved faster than previously possible. This weakening of the filibuster began in 2013, by then Senate Majority Leader Harry Reid (D-Nev.). Reid justified his action by saying: "The American people believe Congress is broken. The American people believe the Senate is broken. And I believe they are right."
Under provisions of the Senate Rules, a small minority of senators has, in the past, been able to hold up nominations despite the majority of senators wanting the nomination to proceed. One of those obstructionist tactics, the filibuster, takes advantage of the fact that Senate Rules do not limit the duration of debating a topic under consideration on the senate floor. Overcoming a filibuster had traditionally required a 3/5 (60%) supermajority vote in a process called cloture, and changing the rules a 2/3 (66%) supermajority vote.
However, in November 2013, Senate Democrats used the "nuclear option" to overcome a threatened filibuster by Republicans on executive branch nominations and federal judicial appointments. This permitted President Obama's nominations for federal judges to be moved forward more rapidly that traditionally possible. In turn, in April 2017, Senate Republicans themselves used the nuclear option to advance the nomination of Neil Gorsuch to a floor vote over the objections of a minority of democratic senators.
Thus by the time Judge Cavanaugh's nomination was being debated on the Senate floor, use of the "nuclear option" to defeat filibuster techniques on nominations was somewhat unsurprising. The Senate majority leader used this tactic to limit debate on the senate floor to 30 hours, and after the alloted time for debate, that a vote was held. The motion to confirm Judge Kavanaugh was passed by a narrow margin, though it was still a majority (but not supermajority) that supported it.
New contributor
Burt_Harris is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Are "filibuster" (i.e. talking forever) and requiring a supermajority (60% instead of 50%) two different things, or the same thing, or related somehow? Is t that they went from 60% to 50% for overcoming fillibusters, and the same (new) 50% is also used for other kinds of vote (e.g. the confirmation)?
â ChrisW
21 hours ago
1
They are related. The usual approach to ending a filibuster is called "cloture", and and the requirement for cloture was 60%, but this has been changed by a clever interpretation of the rules, which is the "nuclear option". The wikipedia article is pretty good at the details of how this works.
â Burt_Harris
20 hours ago
2
It's worth noting that, had the Democrats not used the Filibuster on Gorsuch, it would have been available here, where invoking the nuclear option would be much harder
â Machavity
4 hours ago
On a technicality, Stanley Matthews was confirmed by the narrowest margin (24-23). senate.gov/pagelayout/reference/nominations/Nominations.htm
â Ben Mohorc
2 hours ago
Thanks for the helpful reference @BenMohorc, I've edited the answer.
â Burt_Harris
2 hours ago
 |Â
show 3 more comments
up vote
0
down vote
Indifference
Even after Republicans learned of the allegations a short time before the public did, they still planed to confirm Kavanaugh anyway without investigating.
It wasn't until after the press and public learned about it, and Kavanaugh's angry, rant-filled, and often dishonest interview about it, that a few Republicans requested a limited "investigation" (the others still planned to go ahead and confirm him).
Sure the investigation wasn't thorough by any means, but they they can at-least say they did investigate and found nothing. That gives them some political cover.
Politics
It's important to remember that current Republican president Donald Trump has had many more accusations of accusations of sexual misconduct and assault. What are they going to do? Start taking these sexual assault charges seriously while their sitting president has even worse allegations against him? Unlikely, as we saw with recently failed Senate nominee Roy Moore.
If I recall, Trump's past was already widely known beforehand, and the general populace had the information and chose to elect him anyway, possibly because he put on a bit of an "I'm a better person now" front. I didn't see that with Kavanaugh, but if he was bound to be elected anyway I suppose it wasn't necessary. But yes, I see lots of parallels too, and the similar accusations against Trump are part of why I did not understand his election back then... though it wasn't rushed. (Though, neither was this, according to the other answers.) Thank you.
â Aaron
23 hours ago
@Aaron, have you ever heard the expression, "Pied Piper Strategy"?
â elliot svensson
23 hours ago
2
"Republicans already knew the allegations against Kavanaugh before the press did": Do you have a source for that?
â tim
23 hours ago
@tim I guess there's no way to know how much the press knew when, so I amended that section.
â CrackpotCrocodile
22 hours ago
add a comment |Â
protected by Philipp⦠10 hours ago
Thank you for your interest in this question.
Because it has attracted low-quality or spam answers that had to be removed, posting an answer now requires 10 reputation on this site (the association bonus does not count).
Would you like to answer one of these unanswered questions instead?
7 Answers
7
active
oldest
votes
7 Answers
7
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
50
down vote
The situation is fairly complex so I'm not surprised it was confusing. Here's the general rundown (partially pulled from this article for brevity)
- Sometime in July, Ford (Kavanaugh's accuser) wrote a letter to Diane Feinstein (D-CA) with her allegation that Kavanaugh had assaulted her sometime around 1982. The letter purportedly requested anonymity and Feinstein appears to have honored that request.
- On September 12, The Intercept was fed the letter by an unnamed source. At this point, the confirmation process was nearly complete and the Judiciary Committee was set to hold a vote.
- The next few days saw rapid development of the story, as well as two less credible accusations. Ford's name was exposed and reporters interviewed people named in the letter. Democrats would start to demand hearings during this time.
- On September 27, both Ford and Kavanaugh testified in front of cameras and the Judiciary Committee.
- On September 28, the Judiciary Committe voted, entirely along party lines, to move the nomination to the Senate Floor. Senator Jeff Flake (R-AZ) asked the FBI to investigate the allegations before a final vote.
- On October 4 the FBI reported back. The gist of the report (not made public) is that none of any of the allegations of Ford or the other two accusers made could be substantiated. The report was criticized for many reasons, most notably that the FBI had not interviewed Ford.
- On October 6, Kavanaugh was confirmed 50-48
How did this just get fast tracked? Where is the politics in the middle?
It wasn't fast tracked. The process was nearly done (almost 2 months of interviews, investigations and meetings with Kavanaugh) when the allegations leaked. The problem for Kavanaugh opponents generally came down to
- The timing. There's no denying the leak was of tremendous benefit to Democrats. Prior speculation was that red-state Democrats would vote to confirm. The allegation ensured that didn't happen (with all except Manchin citing this as the reason they voted "No"). But it also meant that timing before the mid-term elections were seen as stalling for a post-election vote, when Democrats could potentially retake the Senate and block the nomination outright. There had already been attempts to stall the voting prior to this, and it was widely viewed among Republicans that this was an extension of those attempts. With Republicans in control, there was no convincing them to entertain any more delays.
- A lack of credible allegations. Ford was the only one of the accusers who made any allegations that could be taken seriously (the last accuser changed her story during a TV interview). She testified, with conviction, that it was Kavanaugh who had assaulted her, but nobody she named could corroborate her story, or even when it could have occurred. The FBI appears to have been unable to shed any light on when it could have happened. The other accusations had even worse credibility, with the second admitting she was quite drunk, and the third making outlandish accusations (that Kavanaugh was part of a sex ring).
- Ultimately, the vote on confirming Kavanaugh was about whether or not Senators, not the FBI or police, believed he was guilty of this crime. Having had additional (if criticized) background checking done was unlikely to sway too many people beyond what they had already decided. The politics were already set before the allegations.
11
"Nobody she named could corroborate her story, or even when it could have occurred." Kavanaugh's calendar pretty much placed the assault on July 1st 1982 (âÂÂTimmyâÂÂs for skis with Judge, Tom, P.J. Bernie, SquiâÂÂ), and when Rachel Mitchell's questioning started to make that obvious, the GOP stepped in and sidelined her.
â Russell Borogove
19 hours ago
11
-1 This is a very one-sided/biased view of the situation. It completely misses the (at least) questionable statements by Kavanaugh himself and the limited FBI investigation (as requested by the white house) that took place.
â Lebbers
17 hours ago
10
@Lebbers There's no point in mentioning the quibbles with what Kavanaugh said in this question. But I did address the FBI controversy in my last point. Democrats were hoping for an endless fishing expedition that would either run out the clock or find some new point to grandstand on. Keep in mind that there was no shortage of professional reporters investigating these claims. Substantiating any of Ford's claims would have been an exceptionally great scoop and sunk the nomination. So saying the FBI background check (and subsequent re-check) was insufficient is incorrect.
â Machavity
16 hours ago
12
What kind of investigation doesn't interview the accusers or the accused? Anyone who calls an investigation like that sufficient clearly wasn't interested in the truth.
â Alexander O'Mara
15 hours ago
7
@AlexanderO'Mara The investigation was conducted by the SJC, and the accuser and accused were both questioned under oath.
â chrylis
8 hours ago
 |Â
show 14 more comments
up vote
50
down vote
The situation is fairly complex so I'm not surprised it was confusing. Here's the general rundown (partially pulled from this article for brevity)
- Sometime in July, Ford (Kavanaugh's accuser) wrote a letter to Diane Feinstein (D-CA) with her allegation that Kavanaugh had assaulted her sometime around 1982. The letter purportedly requested anonymity and Feinstein appears to have honored that request.
- On September 12, The Intercept was fed the letter by an unnamed source. At this point, the confirmation process was nearly complete and the Judiciary Committee was set to hold a vote.
- The next few days saw rapid development of the story, as well as two less credible accusations. Ford's name was exposed and reporters interviewed people named in the letter. Democrats would start to demand hearings during this time.
- On September 27, both Ford and Kavanaugh testified in front of cameras and the Judiciary Committee.
- On September 28, the Judiciary Committe voted, entirely along party lines, to move the nomination to the Senate Floor. Senator Jeff Flake (R-AZ) asked the FBI to investigate the allegations before a final vote.
- On October 4 the FBI reported back. The gist of the report (not made public) is that none of any of the allegations of Ford or the other two accusers made could be substantiated. The report was criticized for many reasons, most notably that the FBI had not interviewed Ford.
- On October 6, Kavanaugh was confirmed 50-48
How did this just get fast tracked? Where is the politics in the middle?
It wasn't fast tracked. The process was nearly done (almost 2 months of interviews, investigations and meetings with Kavanaugh) when the allegations leaked. The problem for Kavanaugh opponents generally came down to
- The timing. There's no denying the leak was of tremendous benefit to Democrats. Prior speculation was that red-state Democrats would vote to confirm. The allegation ensured that didn't happen (with all except Manchin citing this as the reason they voted "No"). But it also meant that timing before the mid-term elections were seen as stalling for a post-election vote, when Democrats could potentially retake the Senate and block the nomination outright. There had already been attempts to stall the voting prior to this, and it was widely viewed among Republicans that this was an extension of those attempts. With Republicans in control, there was no convincing them to entertain any more delays.
- A lack of credible allegations. Ford was the only one of the accusers who made any allegations that could be taken seriously (the last accuser changed her story during a TV interview). She testified, with conviction, that it was Kavanaugh who had assaulted her, but nobody she named could corroborate her story, or even when it could have occurred. The FBI appears to have been unable to shed any light on when it could have happened. The other accusations had even worse credibility, with the second admitting she was quite drunk, and the third making outlandish accusations (that Kavanaugh was part of a sex ring).
- Ultimately, the vote on confirming Kavanaugh was about whether or not Senators, not the FBI or police, believed he was guilty of this crime. Having had additional (if criticized) background checking done was unlikely to sway too many people beyond what they had already decided. The politics were already set before the allegations.
11
"Nobody she named could corroborate her story, or even when it could have occurred." Kavanaugh's calendar pretty much placed the assault on July 1st 1982 (âÂÂTimmyâÂÂs for skis with Judge, Tom, P.J. Bernie, SquiâÂÂ), and when Rachel Mitchell's questioning started to make that obvious, the GOP stepped in and sidelined her.
â Russell Borogove
19 hours ago
11
-1 This is a very one-sided/biased view of the situation. It completely misses the (at least) questionable statements by Kavanaugh himself and the limited FBI investigation (as requested by the white house) that took place.
â Lebbers
17 hours ago
10
@Lebbers There's no point in mentioning the quibbles with what Kavanaugh said in this question. But I did address the FBI controversy in my last point. Democrats were hoping for an endless fishing expedition that would either run out the clock or find some new point to grandstand on. Keep in mind that there was no shortage of professional reporters investigating these claims. Substantiating any of Ford's claims would have been an exceptionally great scoop and sunk the nomination. So saying the FBI background check (and subsequent re-check) was insufficient is incorrect.
â Machavity
16 hours ago
12
What kind of investigation doesn't interview the accusers or the accused? Anyone who calls an investigation like that sufficient clearly wasn't interested in the truth.
â Alexander O'Mara
15 hours ago
7
@AlexanderO'Mara The investigation was conducted by the SJC, and the accuser and accused were both questioned under oath.
â chrylis
8 hours ago
 |Â
show 14 more comments
up vote
50
down vote
up vote
50
down vote
The situation is fairly complex so I'm not surprised it was confusing. Here's the general rundown (partially pulled from this article for brevity)
- Sometime in July, Ford (Kavanaugh's accuser) wrote a letter to Diane Feinstein (D-CA) with her allegation that Kavanaugh had assaulted her sometime around 1982. The letter purportedly requested anonymity and Feinstein appears to have honored that request.
- On September 12, The Intercept was fed the letter by an unnamed source. At this point, the confirmation process was nearly complete and the Judiciary Committee was set to hold a vote.
- The next few days saw rapid development of the story, as well as two less credible accusations. Ford's name was exposed and reporters interviewed people named in the letter. Democrats would start to demand hearings during this time.
- On September 27, both Ford and Kavanaugh testified in front of cameras and the Judiciary Committee.
- On September 28, the Judiciary Committe voted, entirely along party lines, to move the nomination to the Senate Floor. Senator Jeff Flake (R-AZ) asked the FBI to investigate the allegations before a final vote.
- On October 4 the FBI reported back. The gist of the report (not made public) is that none of any of the allegations of Ford or the other two accusers made could be substantiated. The report was criticized for many reasons, most notably that the FBI had not interviewed Ford.
- On October 6, Kavanaugh was confirmed 50-48
How did this just get fast tracked? Where is the politics in the middle?
It wasn't fast tracked. The process was nearly done (almost 2 months of interviews, investigations and meetings with Kavanaugh) when the allegations leaked. The problem for Kavanaugh opponents generally came down to
- The timing. There's no denying the leak was of tremendous benefit to Democrats. Prior speculation was that red-state Democrats would vote to confirm. The allegation ensured that didn't happen (with all except Manchin citing this as the reason they voted "No"). But it also meant that timing before the mid-term elections were seen as stalling for a post-election vote, when Democrats could potentially retake the Senate and block the nomination outright. There had already been attempts to stall the voting prior to this, and it was widely viewed among Republicans that this was an extension of those attempts. With Republicans in control, there was no convincing them to entertain any more delays.
- A lack of credible allegations. Ford was the only one of the accusers who made any allegations that could be taken seriously (the last accuser changed her story during a TV interview). She testified, with conviction, that it was Kavanaugh who had assaulted her, but nobody she named could corroborate her story, or even when it could have occurred. The FBI appears to have been unable to shed any light on when it could have happened. The other accusations had even worse credibility, with the second admitting she was quite drunk, and the third making outlandish accusations (that Kavanaugh was part of a sex ring).
- Ultimately, the vote on confirming Kavanaugh was about whether or not Senators, not the FBI or police, believed he was guilty of this crime. Having had additional (if criticized) background checking done was unlikely to sway too many people beyond what they had already decided. The politics were already set before the allegations.
The situation is fairly complex so I'm not surprised it was confusing. Here's the general rundown (partially pulled from this article for brevity)
- Sometime in July, Ford (Kavanaugh's accuser) wrote a letter to Diane Feinstein (D-CA) with her allegation that Kavanaugh had assaulted her sometime around 1982. The letter purportedly requested anonymity and Feinstein appears to have honored that request.
- On September 12, The Intercept was fed the letter by an unnamed source. At this point, the confirmation process was nearly complete and the Judiciary Committee was set to hold a vote.
- The next few days saw rapid development of the story, as well as two less credible accusations. Ford's name was exposed and reporters interviewed people named in the letter. Democrats would start to demand hearings during this time.
- On September 27, both Ford and Kavanaugh testified in front of cameras and the Judiciary Committee.
- On September 28, the Judiciary Committe voted, entirely along party lines, to move the nomination to the Senate Floor. Senator Jeff Flake (R-AZ) asked the FBI to investigate the allegations before a final vote.
- On October 4 the FBI reported back. The gist of the report (not made public) is that none of any of the allegations of Ford or the other two accusers made could be substantiated. The report was criticized for many reasons, most notably that the FBI had not interviewed Ford.
- On October 6, Kavanaugh was confirmed 50-48
How did this just get fast tracked? Where is the politics in the middle?
It wasn't fast tracked. The process was nearly done (almost 2 months of interviews, investigations and meetings with Kavanaugh) when the allegations leaked. The problem for Kavanaugh opponents generally came down to
- The timing. There's no denying the leak was of tremendous benefit to Democrats. Prior speculation was that red-state Democrats would vote to confirm. The allegation ensured that didn't happen (with all except Manchin citing this as the reason they voted "No"). But it also meant that timing before the mid-term elections were seen as stalling for a post-election vote, when Democrats could potentially retake the Senate and block the nomination outright. There had already been attempts to stall the voting prior to this, and it was widely viewed among Republicans that this was an extension of those attempts. With Republicans in control, there was no convincing them to entertain any more delays.
- A lack of credible allegations. Ford was the only one of the accusers who made any allegations that could be taken seriously (the last accuser changed her story during a TV interview). She testified, with conviction, that it was Kavanaugh who had assaulted her, but nobody she named could corroborate her story, or even when it could have occurred. The FBI appears to have been unable to shed any light on when it could have happened. The other accusations had even worse credibility, with the second admitting she was quite drunk, and the third making outlandish accusations (that Kavanaugh was part of a sex ring).
- Ultimately, the vote on confirming Kavanaugh was about whether or not Senators, not the FBI or police, believed he was guilty of this crime. Having had additional (if criticized) background checking done was unlikely to sway too many people beyond what they had already decided. The politics were already set before the allegations.
edited 8 mins ago
answered yesterday
Machavity
12.1k23566
12.1k23566
11
"Nobody she named could corroborate her story, or even when it could have occurred." Kavanaugh's calendar pretty much placed the assault on July 1st 1982 (âÂÂTimmyâÂÂs for skis with Judge, Tom, P.J. Bernie, SquiâÂÂ), and when Rachel Mitchell's questioning started to make that obvious, the GOP stepped in and sidelined her.
â Russell Borogove
19 hours ago
11
-1 This is a very one-sided/biased view of the situation. It completely misses the (at least) questionable statements by Kavanaugh himself and the limited FBI investigation (as requested by the white house) that took place.
â Lebbers
17 hours ago
10
@Lebbers There's no point in mentioning the quibbles with what Kavanaugh said in this question. But I did address the FBI controversy in my last point. Democrats were hoping for an endless fishing expedition that would either run out the clock or find some new point to grandstand on. Keep in mind that there was no shortage of professional reporters investigating these claims. Substantiating any of Ford's claims would have been an exceptionally great scoop and sunk the nomination. So saying the FBI background check (and subsequent re-check) was insufficient is incorrect.
â Machavity
16 hours ago
12
What kind of investigation doesn't interview the accusers or the accused? Anyone who calls an investigation like that sufficient clearly wasn't interested in the truth.
â Alexander O'Mara
15 hours ago
7
@AlexanderO'Mara The investigation was conducted by the SJC, and the accuser and accused were both questioned under oath.
â chrylis
8 hours ago
 |Â
show 14 more comments
11
"Nobody she named could corroborate her story, or even when it could have occurred." Kavanaugh's calendar pretty much placed the assault on July 1st 1982 (âÂÂTimmyâÂÂs for skis with Judge, Tom, P.J. Bernie, SquiâÂÂ), and when Rachel Mitchell's questioning started to make that obvious, the GOP stepped in and sidelined her.
â Russell Borogove
19 hours ago
11
-1 This is a very one-sided/biased view of the situation. It completely misses the (at least) questionable statements by Kavanaugh himself and the limited FBI investigation (as requested by the white house) that took place.
â Lebbers
17 hours ago
10
@Lebbers There's no point in mentioning the quibbles with what Kavanaugh said in this question. But I did address the FBI controversy in my last point. Democrats were hoping for an endless fishing expedition that would either run out the clock or find some new point to grandstand on. Keep in mind that there was no shortage of professional reporters investigating these claims. Substantiating any of Ford's claims would have been an exceptionally great scoop and sunk the nomination. So saying the FBI background check (and subsequent re-check) was insufficient is incorrect.
â Machavity
16 hours ago
12
What kind of investigation doesn't interview the accusers or the accused? Anyone who calls an investigation like that sufficient clearly wasn't interested in the truth.
â Alexander O'Mara
15 hours ago
7
@AlexanderO'Mara The investigation was conducted by the SJC, and the accuser and accused were both questioned under oath.
â chrylis
8 hours ago
11
11
"Nobody she named could corroborate her story, or even when it could have occurred." Kavanaugh's calendar pretty much placed the assault on July 1st 1982 (âÂÂTimmyâÂÂs for skis with Judge, Tom, P.J. Bernie, SquiâÂÂ), and when Rachel Mitchell's questioning started to make that obvious, the GOP stepped in and sidelined her.
â Russell Borogove
19 hours ago
"Nobody she named could corroborate her story, or even when it could have occurred." Kavanaugh's calendar pretty much placed the assault on July 1st 1982 (âÂÂTimmyâÂÂs for skis with Judge, Tom, P.J. Bernie, SquiâÂÂ), and when Rachel Mitchell's questioning started to make that obvious, the GOP stepped in and sidelined her.
â Russell Borogove
19 hours ago
11
11
-1 This is a very one-sided/biased view of the situation. It completely misses the (at least) questionable statements by Kavanaugh himself and the limited FBI investigation (as requested by the white house) that took place.
â Lebbers
17 hours ago
-1 This is a very one-sided/biased view of the situation. It completely misses the (at least) questionable statements by Kavanaugh himself and the limited FBI investigation (as requested by the white house) that took place.
â Lebbers
17 hours ago
10
10
@Lebbers There's no point in mentioning the quibbles with what Kavanaugh said in this question. But I did address the FBI controversy in my last point. Democrats were hoping for an endless fishing expedition that would either run out the clock or find some new point to grandstand on. Keep in mind that there was no shortage of professional reporters investigating these claims. Substantiating any of Ford's claims would have been an exceptionally great scoop and sunk the nomination. So saying the FBI background check (and subsequent re-check) was insufficient is incorrect.
â Machavity
16 hours ago
@Lebbers There's no point in mentioning the quibbles with what Kavanaugh said in this question. But I did address the FBI controversy in my last point. Democrats were hoping for an endless fishing expedition that would either run out the clock or find some new point to grandstand on. Keep in mind that there was no shortage of professional reporters investigating these claims. Substantiating any of Ford's claims would have been an exceptionally great scoop and sunk the nomination. So saying the FBI background check (and subsequent re-check) was insufficient is incorrect.
â Machavity
16 hours ago
12
12
What kind of investigation doesn't interview the accusers or the accused? Anyone who calls an investigation like that sufficient clearly wasn't interested in the truth.
â Alexander O'Mara
15 hours ago
What kind of investigation doesn't interview the accusers or the accused? Anyone who calls an investigation like that sufficient clearly wasn't interested in the truth.
â Alexander O'Mara
15 hours ago
7
7
@AlexanderO'Mara The investigation was conducted by the SJC, and the accuser and accused were both questioned under oath.
â chrylis
8 hours ago
@AlexanderO'Mara The investigation was conducted by the SJC, and the accuser and accused were both questioned under oath.
â chrylis
8 hours ago
 |Â
show 14 more comments
up vote
40
down vote
I'm not sure what the standard for evidence is (i.e. for references) on this site.
If you want to know, here's what I inferred from following the Twitters of a couple of (anti-Trump) American lawyers.
- The weren't "sexual assault hearings", they were "senate confirmation hearings"
- Senate procedure has previously (since 2013 and 2017, as explained in detail in another answer) been changed to require only a bare majority, rather than 60%
- News of a historic sexual assault complaint was leaked somehow, late in the process (i.e. just before a vote was due)
- They delayed the vote (for about a week) to hear from the accuser in person
- After those hearings, one Republican said, let's have just a little bit more of that FBI background check
- There's no criminal complaint involved (and if anything the complaint would be of a state crime not a federal crime), so the FBI's investigation is a background investigation (requested by the White House), and not an independent criminal investigation -- the FBI has no mandate to investigate except to whatever extent the White House asks them to
- The White House asked for a limited investigation -- e.g. the FBI didn't interview the accuser, nor the accused, nor review other potential evidence (e.g. therapy notes), nor (so far as I know) did they fact-check what Kavanaugh said during the hearings, nor did they accept testimony from other people (possibly including other independent complaints) who were trying to volunteer it -- which took little time (i.e. completed within a week)
- The results of the investigation were kept secret (not published)
- The Senate majority (IOW the Republican party) then went ahead (within a few days) and voted, having concluded e.g. that the allegations were unproven and the accusation uncertain (to put it politely)
Some complain the scope of the investigation was purposefully limited, to result in a shallow sham, a fig leaf to provide deniability ("we investigated and found nothing").
Conversely, the President said (yesterday's speech at the White House) that Kavanaugh was "proven innocent".
4
Note that the change to a bare majority occurred prior to the current situation.
â GalacticCowboy
23 hours ago
4
A very politically-neutral and well-researched answer. I'd add that the wry side of me thinks that Gamble v. United States (being litigated by a former Scalia law clerk, and which will have a huge impact on Trump's ability to pardon his cohorts and himself) was just bumped back to Thanksgiving so Kavanaugh could be a part of it.
â Carduus
23 hours ago
2
There's a lot I've skipped -- including who defined the scope of the FBI investigation -- and what a lot of other people said and did at various times. It's not even true to say that it was all Republican, i.e. Senator Collins voted too, why I don't know. Anyway the eventual vote was very close and very nearly along strictly-part lines.
â ChrisW
23 hours ago
3
I seem to recall that the therapy notes were being held by the accuser's attorney, and hence couldn't be reviewed by the FBI
â Valorum
22 hours ago
3
Ford testified at the confirmation hearing that the therapy notes did not mention Kavanaugh.
â evildemonic
20 hours ago
 |Â
show 12 more comments
up vote
40
down vote
I'm not sure what the standard for evidence is (i.e. for references) on this site.
If you want to know, here's what I inferred from following the Twitters of a couple of (anti-Trump) American lawyers.
- The weren't "sexual assault hearings", they were "senate confirmation hearings"
- Senate procedure has previously (since 2013 and 2017, as explained in detail in another answer) been changed to require only a bare majority, rather than 60%
- News of a historic sexual assault complaint was leaked somehow, late in the process (i.e. just before a vote was due)
- They delayed the vote (for about a week) to hear from the accuser in person
- After those hearings, one Republican said, let's have just a little bit more of that FBI background check
- There's no criminal complaint involved (and if anything the complaint would be of a state crime not a federal crime), so the FBI's investigation is a background investigation (requested by the White House), and not an independent criminal investigation -- the FBI has no mandate to investigate except to whatever extent the White House asks them to
- The White House asked for a limited investigation -- e.g. the FBI didn't interview the accuser, nor the accused, nor review other potential evidence (e.g. therapy notes), nor (so far as I know) did they fact-check what Kavanaugh said during the hearings, nor did they accept testimony from other people (possibly including other independent complaints) who were trying to volunteer it -- which took little time (i.e. completed within a week)
- The results of the investigation were kept secret (not published)
- The Senate majority (IOW the Republican party) then went ahead (within a few days) and voted, having concluded e.g. that the allegations were unproven and the accusation uncertain (to put it politely)
Some complain the scope of the investigation was purposefully limited, to result in a shallow sham, a fig leaf to provide deniability ("we investigated and found nothing").
Conversely, the President said (yesterday's speech at the White House) that Kavanaugh was "proven innocent".
4
Note that the change to a bare majority occurred prior to the current situation.
â GalacticCowboy
23 hours ago
4
A very politically-neutral and well-researched answer. I'd add that the wry side of me thinks that Gamble v. United States (being litigated by a former Scalia law clerk, and which will have a huge impact on Trump's ability to pardon his cohorts and himself) was just bumped back to Thanksgiving so Kavanaugh could be a part of it.
â Carduus
23 hours ago
2
There's a lot I've skipped -- including who defined the scope of the FBI investigation -- and what a lot of other people said and did at various times. It's not even true to say that it was all Republican, i.e. Senator Collins voted too, why I don't know. Anyway the eventual vote was very close and very nearly along strictly-part lines.
â ChrisW
23 hours ago
3
I seem to recall that the therapy notes were being held by the accuser's attorney, and hence couldn't be reviewed by the FBI
â Valorum
22 hours ago
3
Ford testified at the confirmation hearing that the therapy notes did not mention Kavanaugh.
â evildemonic
20 hours ago
 |Â
show 12 more comments
up vote
40
down vote
up vote
40
down vote
I'm not sure what the standard for evidence is (i.e. for references) on this site.
If you want to know, here's what I inferred from following the Twitters of a couple of (anti-Trump) American lawyers.
- The weren't "sexual assault hearings", they were "senate confirmation hearings"
- Senate procedure has previously (since 2013 and 2017, as explained in detail in another answer) been changed to require only a bare majority, rather than 60%
- News of a historic sexual assault complaint was leaked somehow, late in the process (i.e. just before a vote was due)
- They delayed the vote (for about a week) to hear from the accuser in person
- After those hearings, one Republican said, let's have just a little bit more of that FBI background check
- There's no criminal complaint involved (and if anything the complaint would be of a state crime not a federal crime), so the FBI's investigation is a background investigation (requested by the White House), and not an independent criminal investigation -- the FBI has no mandate to investigate except to whatever extent the White House asks them to
- The White House asked for a limited investigation -- e.g. the FBI didn't interview the accuser, nor the accused, nor review other potential evidence (e.g. therapy notes), nor (so far as I know) did they fact-check what Kavanaugh said during the hearings, nor did they accept testimony from other people (possibly including other independent complaints) who were trying to volunteer it -- which took little time (i.e. completed within a week)
- The results of the investigation were kept secret (not published)
- The Senate majority (IOW the Republican party) then went ahead (within a few days) and voted, having concluded e.g. that the allegations were unproven and the accusation uncertain (to put it politely)
Some complain the scope of the investigation was purposefully limited, to result in a shallow sham, a fig leaf to provide deniability ("we investigated and found nothing").
Conversely, the President said (yesterday's speech at the White House) that Kavanaugh was "proven innocent".
I'm not sure what the standard for evidence is (i.e. for references) on this site.
If you want to know, here's what I inferred from following the Twitters of a couple of (anti-Trump) American lawyers.
- The weren't "sexual assault hearings", they were "senate confirmation hearings"
- Senate procedure has previously (since 2013 and 2017, as explained in detail in another answer) been changed to require only a bare majority, rather than 60%
- News of a historic sexual assault complaint was leaked somehow, late in the process (i.e. just before a vote was due)
- They delayed the vote (for about a week) to hear from the accuser in person
- After those hearings, one Republican said, let's have just a little bit more of that FBI background check
- There's no criminal complaint involved (and if anything the complaint would be of a state crime not a federal crime), so the FBI's investigation is a background investigation (requested by the White House), and not an independent criminal investigation -- the FBI has no mandate to investigate except to whatever extent the White House asks them to
- The White House asked for a limited investigation -- e.g. the FBI didn't interview the accuser, nor the accused, nor review other potential evidence (e.g. therapy notes), nor (so far as I know) did they fact-check what Kavanaugh said during the hearings, nor did they accept testimony from other people (possibly including other independent complaints) who were trying to volunteer it -- which took little time (i.e. completed within a week)
- The results of the investigation were kept secret (not published)
- The Senate majority (IOW the Republican party) then went ahead (within a few days) and voted, having concluded e.g. that the allegations were unproven and the accusation uncertain (to put it politely)
Some complain the scope of the investigation was purposefully limited, to result in a shallow sham, a fig leaf to provide deniability ("we investigated and found nothing").
Conversely, the President said (yesterday's speech at the White House) that Kavanaugh was "proven innocent".
edited 17 hours ago
user4012
66k13143282
66k13143282
answered yesterday
ChrisW
71619
71619
4
Note that the change to a bare majority occurred prior to the current situation.
â GalacticCowboy
23 hours ago
4
A very politically-neutral and well-researched answer. I'd add that the wry side of me thinks that Gamble v. United States (being litigated by a former Scalia law clerk, and which will have a huge impact on Trump's ability to pardon his cohorts and himself) was just bumped back to Thanksgiving so Kavanaugh could be a part of it.
â Carduus
23 hours ago
2
There's a lot I've skipped -- including who defined the scope of the FBI investigation -- and what a lot of other people said and did at various times. It's not even true to say that it was all Republican, i.e. Senator Collins voted too, why I don't know. Anyway the eventual vote was very close and very nearly along strictly-part lines.
â ChrisW
23 hours ago
3
I seem to recall that the therapy notes were being held by the accuser's attorney, and hence couldn't be reviewed by the FBI
â Valorum
22 hours ago
3
Ford testified at the confirmation hearing that the therapy notes did not mention Kavanaugh.
â evildemonic
20 hours ago
 |Â
show 12 more comments
4
Note that the change to a bare majority occurred prior to the current situation.
â GalacticCowboy
23 hours ago
4
A very politically-neutral and well-researched answer. I'd add that the wry side of me thinks that Gamble v. United States (being litigated by a former Scalia law clerk, and which will have a huge impact on Trump's ability to pardon his cohorts and himself) was just bumped back to Thanksgiving so Kavanaugh could be a part of it.
â Carduus
23 hours ago
2
There's a lot I've skipped -- including who defined the scope of the FBI investigation -- and what a lot of other people said and did at various times. It's not even true to say that it was all Republican, i.e. Senator Collins voted too, why I don't know. Anyway the eventual vote was very close and very nearly along strictly-part lines.
â ChrisW
23 hours ago
3
I seem to recall that the therapy notes were being held by the accuser's attorney, and hence couldn't be reviewed by the FBI
â Valorum
22 hours ago
3
Ford testified at the confirmation hearing that the therapy notes did not mention Kavanaugh.
â evildemonic
20 hours ago
4
4
Note that the change to a bare majority occurred prior to the current situation.
â GalacticCowboy
23 hours ago
Note that the change to a bare majority occurred prior to the current situation.
â GalacticCowboy
23 hours ago
4
4
A very politically-neutral and well-researched answer. I'd add that the wry side of me thinks that Gamble v. United States (being litigated by a former Scalia law clerk, and which will have a huge impact on Trump's ability to pardon his cohorts and himself) was just bumped back to Thanksgiving so Kavanaugh could be a part of it.
â Carduus
23 hours ago
A very politically-neutral and well-researched answer. I'd add that the wry side of me thinks that Gamble v. United States (being litigated by a former Scalia law clerk, and which will have a huge impact on Trump's ability to pardon his cohorts and himself) was just bumped back to Thanksgiving so Kavanaugh could be a part of it.
â Carduus
23 hours ago
2
2
There's a lot I've skipped -- including who defined the scope of the FBI investigation -- and what a lot of other people said and did at various times. It's not even true to say that it was all Republican, i.e. Senator Collins voted too, why I don't know. Anyway the eventual vote was very close and very nearly along strictly-part lines.
â ChrisW
23 hours ago
There's a lot I've skipped -- including who defined the scope of the FBI investigation -- and what a lot of other people said and did at various times. It's not even true to say that it was all Republican, i.e. Senator Collins voted too, why I don't know. Anyway the eventual vote was very close and very nearly along strictly-part lines.
â ChrisW
23 hours ago
3
3
I seem to recall that the therapy notes were being held by the accuser's attorney, and hence couldn't be reviewed by the FBI
â Valorum
22 hours ago
I seem to recall that the therapy notes were being held by the accuser's attorney, and hence couldn't be reviewed by the FBI
â Valorum
22 hours ago
3
3
Ford testified at the confirmation hearing that the therapy notes did not mention Kavanaugh.
â evildemonic
20 hours ago
Ford testified at the confirmation hearing that the therapy notes did not mention Kavanaugh.
â evildemonic
20 hours ago
 |Â
show 12 more comments
up vote
11
down vote
Essentially, the Republicans had decided they were going to confirm Kavanaugh and do it fast in order for him to be on the bench for an October case. At that point, the hearings lasted only long enough to get enough people on board.
Supreme Court justices are, by the Constitution, nominated by the President and confirmed or not by the Senate. There are no other Constitutional requirements, which means the Senate can conduct whatever hearings it likes before voting. There is no requirement for any serious deliberation.
New contributor
David Thornley is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |Â
up vote
11
down vote
Essentially, the Republicans had decided they were going to confirm Kavanaugh and do it fast in order for him to be on the bench for an October case. At that point, the hearings lasted only long enough to get enough people on board.
Supreme Court justices are, by the Constitution, nominated by the President and confirmed or not by the Senate. There are no other Constitutional requirements, which means the Senate can conduct whatever hearings it likes before voting. There is no requirement for any serious deliberation.
New contributor
David Thornley is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |Â
up vote
11
down vote
up vote
11
down vote
Essentially, the Republicans had decided they were going to confirm Kavanaugh and do it fast in order for him to be on the bench for an October case. At that point, the hearings lasted only long enough to get enough people on board.
Supreme Court justices are, by the Constitution, nominated by the President and confirmed or not by the Senate. There are no other Constitutional requirements, which means the Senate can conduct whatever hearings it likes before voting. There is no requirement for any serious deliberation.
New contributor
David Thornley is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Essentially, the Republicans had decided they were going to confirm Kavanaugh and do it fast in order for him to be on the bench for an October case. At that point, the hearings lasted only long enough to get enough people on board.
Supreme Court justices are, by the Constitution, nominated by the President and confirmed or not by the Senate. There are no other Constitutional requirements, which means the Senate can conduct whatever hearings it likes before voting. There is no requirement for any serious deliberation.
New contributor
David Thornley is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
David Thornley is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
answered yesterday
David Thornley
2274
2274
New contributor
David Thornley is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
David Thornley is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
David Thornley is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |Â
add a comment |Â
up vote
6
down vote
Here is a "Tick Tock"-style article about the end of the nomination and the vote. (This link is to the NY Times, but it's an AP article and available elsewhere, too.) It covers what happened when, but it boils down to:
- Committee votes to pass Kavanaugh, with the condition that the FBI do an investigation.
- White House authorizes a one-week investigation. (There are accusations that the FBI was hobbled in this investigation.)
- Four Senators (Republicans Collins, Murkowski and Flake, Democrat Manchin) were undeclared during that week. Because of the 48 committed Republican votes for, and 48 committed Democratic votes against, it required two of these four to agree to pass Kavanaugh in order for him to be confirmed (VP Pence breaks ties).
- The FBI released its report to Senators on Thursday.
- All Senators reviewed it.
- Collins, Flake, and Manchin announced they would vote for Kavanaugh after all.
- The cloture vote happened on Friday, and passed 51-49.
- The confirmation vote happened on Saturday, and passed 50-48 (Murkowski voted "present" instead of "no", to balance the lack of another "yes" Senator who couldn't make the vote).
- Kavanaugh was sworn in in a private ceremony on Saturday.
add a comment |Â
up vote
6
down vote
Here is a "Tick Tock"-style article about the end of the nomination and the vote. (This link is to the NY Times, but it's an AP article and available elsewhere, too.) It covers what happened when, but it boils down to:
- Committee votes to pass Kavanaugh, with the condition that the FBI do an investigation.
- White House authorizes a one-week investigation. (There are accusations that the FBI was hobbled in this investigation.)
- Four Senators (Republicans Collins, Murkowski and Flake, Democrat Manchin) were undeclared during that week. Because of the 48 committed Republican votes for, and 48 committed Democratic votes against, it required two of these four to agree to pass Kavanaugh in order for him to be confirmed (VP Pence breaks ties).
- The FBI released its report to Senators on Thursday.
- All Senators reviewed it.
- Collins, Flake, and Manchin announced they would vote for Kavanaugh after all.
- The cloture vote happened on Friday, and passed 51-49.
- The confirmation vote happened on Saturday, and passed 50-48 (Murkowski voted "present" instead of "no", to balance the lack of another "yes" Senator who couldn't make the vote).
- Kavanaugh was sworn in in a private ceremony on Saturday.
add a comment |Â
up vote
6
down vote
up vote
6
down vote
Here is a "Tick Tock"-style article about the end of the nomination and the vote. (This link is to the NY Times, but it's an AP article and available elsewhere, too.) It covers what happened when, but it boils down to:
- Committee votes to pass Kavanaugh, with the condition that the FBI do an investigation.
- White House authorizes a one-week investigation. (There are accusations that the FBI was hobbled in this investigation.)
- Four Senators (Republicans Collins, Murkowski and Flake, Democrat Manchin) were undeclared during that week. Because of the 48 committed Republican votes for, and 48 committed Democratic votes against, it required two of these four to agree to pass Kavanaugh in order for him to be confirmed (VP Pence breaks ties).
- The FBI released its report to Senators on Thursday.
- All Senators reviewed it.
- Collins, Flake, and Manchin announced they would vote for Kavanaugh after all.
- The cloture vote happened on Friday, and passed 51-49.
- The confirmation vote happened on Saturday, and passed 50-48 (Murkowski voted "present" instead of "no", to balance the lack of another "yes" Senator who couldn't make the vote).
- Kavanaugh was sworn in in a private ceremony on Saturday.
Here is a "Tick Tock"-style article about the end of the nomination and the vote. (This link is to the NY Times, but it's an AP article and available elsewhere, too.) It covers what happened when, but it boils down to:
- Committee votes to pass Kavanaugh, with the condition that the FBI do an investigation.
- White House authorizes a one-week investigation. (There are accusations that the FBI was hobbled in this investigation.)
- Four Senators (Republicans Collins, Murkowski and Flake, Democrat Manchin) were undeclared during that week. Because of the 48 committed Republican votes for, and 48 committed Democratic votes against, it required two of these four to agree to pass Kavanaugh in order for him to be confirmed (VP Pence breaks ties).
- The FBI released its report to Senators on Thursday.
- All Senators reviewed it.
- Collins, Flake, and Manchin announced they would vote for Kavanaugh after all.
- The cloture vote happened on Friday, and passed 51-49.
- The confirmation vote happened on Saturday, and passed 50-48 (Murkowski voted "present" instead of "no", to balance the lack of another "yes" Senator who couldn't make the vote).
- Kavanaugh was sworn in in a private ceremony on Saturday.
answered yesterday
Bobson
12.2k12667
12.2k12667
add a comment |Â
add a comment |Â
up vote
5
down vote
It's not rocket science. It boils down to three things:
- Republicans wanted a win going into the midterms to boost their appeal
- Republicans wanted to confirm Kavanaugh before the midterms, because if they lost control of the Senate they would never be able to confirm him (or anyone like him)
- They had the votes, and so could get away with it.
History will tell us what Manchin, Flake and especially Collins were promised if they voted to confirm. Probably soon.
#2 is why they wanted to, and I addressed that as well, but that still left me (and apparently many others) with a head spin. For #1: I don't contest that perhaps that's an intent, but it certainly doesn't sound like an appeal booster to me as I would assume many fence sitters are likely to vote against them now.... but I could be wrong, as the will of the majority never ceases to amaze me.
â Aaron
22 hours ago
5
The Trump administration has demonstrated consistently that their preferred approach is to do things that appeal to their base and never mind the people who don't like them. How that will work out remains to be seen.
â DJClayworth
22 hours ago
1
Many of the senators that voted for Kavenaugh's confirmation aren't Trump fans per se. It would have taken only a few to prevent this confirmation and get a different candidate (by telling Trump to nominate someone else), right? It's clear that Trump and his administration do what they want, but why don't the (or at least some) senators stand up to that?
â JJJ
22 hours ago
The life of a Senator is complicated. First, even sitting Senators don't get nominated if they upset the administration enough. Then the administration decides whether or not to appoint them to committees, to allow time for bills that they want to pass, provide federal funds for various initiatives in their state, etc. Then there is the question of whether the Senator's state supports the nominee or not. Even if e.g. Susan Collins finds Brett Kavanaugh personally repugnant and unqualified to be a judge, she has to think whether the good people of Arizona agree with her.
â DJClayworth
22 hours ago
1
@DJClayworth that's quite scary when you keep in mind the senate is supposed to act as a check on the president (especially in these confirmation hearings).
â JJJ
7 hours ago
 |Â
show 3 more comments
up vote
5
down vote
It's not rocket science. It boils down to three things:
- Republicans wanted a win going into the midterms to boost their appeal
- Republicans wanted to confirm Kavanaugh before the midterms, because if they lost control of the Senate they would never be able to confirm him (or anyone like him)
- They had the votes, and so could get away with it.
History will tell us what Manchin, Flake and especially Collins were promised if they voted to confirm. Probably soon.
#2 is why they wanted to, and I addressed that as well, but that still left me (and apparently many others) with a head spin. For #1: I don't contest that perhaps that's an intent, but it certainly doesn't sound like an appeal booster to me as I would assume many fence sitters are likely to vote against them now.... but I could be wrong, as the will of the majority never ceases to amaze me.
â Aaron
22 hours ago
5
The Trump administration has demonstrated consistently that their preferred approach is to do things that appeal to their base and never mind the people who don't like them. How that will work out remains to be seen.
â DJClayworth
22 hours ago
1
Many of the senators that voted for Kavenaugh's confirmation aren't Trump fans per se. It would have taken only a few to prevent this confirmation and get a different candidate (by telling Trump to nominate someone else), right? It's clear that Trump and his administration do what they want, but why don't the (or at least some) senators stand up to that?
â JJJ
22 hours ago
The life of a Senator is complicated. First, even sitting Senators don't get nominated if they upset the administration enough. Then the administration decides whether or not to appoint them to committees, to allow time for bills that they want to pass, provide federal funds for various initiatives in their state, etc. Then there is the question of whether the Senator's state supports the nominee or not. Even if e.g. Susan Collins finds Brett Kavanaugh personally repugnant and unqualified to be a judge, she has to think whether the good people of Arizona agree with her.
â DJClayworth
22 hours ago
1
@DJClayworth that's quite scary when you keep in mind the senate is supposed to act as a check on the president (especially in these confirmation hearings).
â JJJ
7 hours ago
 |Â
show 3 more comments
up vote
5
down vote
up vote
5
down vote
It's not rocket science. It boils down to three things:
- Republicans wanted a win going into the midterms to boost their appeal
- Republicans wanted to confirm Kavanaugh before the midterms, because if they lost control of the Senate they would never be able to confirm him (or anyone like him)
- They had the votes, and so could get away with it.
History will tell us what Manchin, Flake and especially Collins were promised if they voted to confirm. Probably soon.
It's not rocket science. It boils down to three things:
- Republicans wanted a win going into the midterms to boost their appeal
- Republicans wanted to confirm Kavanaugh before the midterms, because if they lost control of the Senate they would never be able to confirm him (or anyone like him)
- They had the votes, and so could get away with it.
History will tell us what Manchin, Flake and especially Collins were promised if they voted to confirm. Probably soon.
answered 23 hours ago
DJClayworth
4,6941731
4,6941731
#2 is why they wanted to, and I addressed that as well, but that still left me (and apparently many others) with a head spin. For #1: I don't contest that perhaps that's an intent, but it certainly doesn't sound like an appeal booster to me as I would assume many fence sitters are likely to vote against them now.... but I could be wrong, as the will of the majority never ceases to amaze me.
â Aaron
22 hours ago
5
The Trump administration has demonstrated consistently that their preferred approach is to do things that appeal to their base and never mind the people who don't like them. How that will work out remains to be seen.
â DJClayworth
22 hours ago
1
Many of the senators that voted for Kavenaugh's confirmation aren't Trump fans per se. It would have taken only a few to prevent this confirmation and get a different candidate (by telling Trump to nominate someone else), right? It's clear that Trump and his administration do what they want, but why don't the (or at least some) senators stand up to that?
â JJJ
22 hours ago
The life of a Senator is complicated. First, even sitting Senators don't get nominated if they upset the administration enough. Then the administration decides whether or not to appoint them to committees, to allow time for bills that they want to pass, provide federal funds for various initiatives in their state, etc. Then there is the question of whether the Senator's state supports the nominee or not. Even if e.g. Susan Collins finds Brett Kavanaugh personally repugnant and unqualified to be a judge, she has to think whether the good people of Arizona agree with her.
â DJClayworth
22 hours ago
1
@DJClayworth that's quite scary when you keep in mind the senate is supposed to act as a check on the president (especially in these confirmation hearings).
â JJJ
7 hours ago
 |Â
show 3 more comments
#2 is why they wanted to, and I addressed that as well, but that still left me (and apparently many others) with a head spin. For #1: I don't contest that perhaps that's an intent, but it certainly doesn't sound like an appeal booster to me as I would assume many fence sitters are likely to vote against them now.... but I could be wrong, as the will of the majority never ceases to amaze me.
â Aaron
22 hours ago
5
The Trump administration has demonstrated consistently that their preferred approach is to do things that appeal to their base and never mind the people who don't like them. How that will work out remains to be seen.
â DJClayworth
22 hours ago
1
Many of the senators that voted for Kavenaugh's confirmation aren't Trump fans per se. It would have taken only a few to prevent this confirmation and get a different candidate (by telling Trump to nominate someone else), right? It's clear that Trump and his administration do what they want, but why don't the (or at least some) senators stand up to that?
â JJJ
22 hours ago
The life of a Senator is complicated. First, even sitting Senators don't get nominated if they upset the administration enough. Then the administration decides whether or not to appoint them to committees, to allow time for bills that they want to pass, provide federal funds for various initiatives in their state, etc. Then there is the question of whether the Senator's state supports the nominee or not. Even if e.g. Susan Collins finds Brett Kavanaugh personally repugnant and unqualified to be a judge, she has to think whether the good people of Arizona agree with her.
â DJClayworth
22 hours ago
1
@DJClayworth that's quite scary when you keep in mind the senate is supposed to act as a check on the president (especially in these confirmation hearings).
â JJJ
7 hours ago
#2 is why they wanted to, and I addressed that as well, but that still left me (and apparently many others) with a head spin. For #1: I don't contest that perhaps that's an intent, but it certainly doesn't sound like an appeal booster to me as I would assume many fence sitters are likely to vote against them now.... but I could be wrong, as the will of the majority never ceases to amaze me.
â Aaron
22 hours ago
#2 is why they wanted to, and I addressed that as well, but that still left me (and apparently many others) with a head spin. For #1: I don't contest that perhaps that's an intent, but it certainly doesn't sound like an appeal booster to me as I would assume many fence sitters are likely to vote against them now.... but I could be wrong, as the will of the majority never ceases to amaze me.
â Aaron
22 hours ago
5
5
The Trump administration has demonstrated consistently that their preferred approach is to do things that appeal to their base and never mind the people who don't like them. How that will work out remains to be seen.
â DJClayworth
22 hours ago
The Trump administration has demonstrated consistently that their preferred approach is to do things that appeal to their base and never mind the people who don't like them. How that will work out remains to be seen.
â DJClayworth
22 hours ago
1
1
Many of the senators that voted for Kavenaugh's confirmation aren't Trump fans per se. It would have taken only a few to prevent this confirmation and get a different candidate (by telling Trump to nominate someone else), right? It's clear that Trump and his administration do what they want, but why don't the (or at least some) senators stand up to that?
â JJJ
22 hours ago
Many of the senators that voted for Kavenaugh's confirmation aren't Trump fans per se. It would have taken only a few to prevent this confirmation and get a different candidate (by telling Trump to nominate someone else), right? It's clear that Trump and his administration do what they want, but why don't the (or at least some) senators stand up to that?
â JJJ
22 hours ago
The life of a Senator is complicated. First, even sitting Senators don't get nominated if they upset the administration enough. Then the administration decides whether or not to appoint them to committees, to allow time for bills that they want to pass, provide federal funds for various initiatives in their state, etc. Then there is the question of whether the Senator's state supports the nominee or not. Even if e.g. Susan Collins finds Brett Kavanaugh personally repugnant and unqualified to be a judge, she has to think whether the good people of Arizona agree with her.
â DJClayworth
22 hours ago
The life of a Senator is complicated. First, even sitting Senators don't get nominated if they upset the administration enough. Then the administration decides whether or not to appoint them to committees, to allow time for bills that they want to pass, provide federal funds for various initiatives in their state, etc. Then there is the question of whether the Senator's state supports the nominee or not. Even if e.g. Susan Collins finds Brett Kavanaugh personally repugnant and unqualified to be a judge, she has to think whether the good people of Arizona agree with her.
â DJClayworth
22 hours ago
1
1
@DJClayworth that's quite scary when you keep in mind the senate is supposed to act as a check on the president (especially in these confirmation hearings).
â JJJ
7 hours ago
@DJClayworth that's quite scary when you keep in mind the senate is supposed to act as a check on the president (especially in these confirmation hearings).
â JJJ
7 hours ago
 |Â
show 3 more comments
up vote
4
down vote
Weakening of the Filibuster was one of the primary reasons this moved faster than previously possible. This weakening of the filibuster began in 2013, by then Senate Majority Leader Harry Reid (D-Nev.). Reid justified his action by saying: "The American people believe Congress is broken. The American people believe the Senate is broken. And I believe they are right."
Under provisions of the Senate Rules, a small minority of senators has, in the past, been able to hold up nominations despite the majority of senators wanting the nomination to proceed. One of those obstructionist tactics, the filibuster, takes advantage of the fact that Senate Rules do not limit the duration of debating a topic under consideration on the senate floor. Overcoming a filibuster had traditionally required a 3/5 (60%) supermajority vote in a process called cloture, and changing the rules a 2/3 (66%) supermajority vote.
However, in November 2013, Senate Democrats used the "nuclear option" to overcome a threatened filibuster by Republicans on executive branch nominations and federal judicial appointments. This permitted President Obama's nominations for federal judges to be moved forward more rapidly that traditionally possible. In turn, in April 2017, Senate Republicans themselves used the nuclear option to advance the nomination of Neil Gorsuch to a floor vote over the objections of a minority of democratic senators.
Thus by the time Judge Cavanaugh's nomination was being debated on the Senate floor, use of the "nuclear option" to defeat filibuster techniques on nominations was somewhat unsurprising. The Senate majority leader used this tactic to limit debate on the senate floor to 30 hours, and after the alloted time for debate, that a vote was held. The motion to confirm Judge Kavanaugh was passed by a narrow margin, though it was still a majority (but not supermajority) that supported it.
New contributor
Burt_Harris is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Are "filibuster" (i.e. talking forever) and requiring a supermajority (60% instead of 50%) two different things, or the same thing, or related somehow? Is t that they went from 60% to 50% for overcoming fillibusters, and the same (new) 50% is also used for other kinds of vote (e.g. the confirmation)?
â ChrisW
21 hours ago
1
They are related. The usual approach to ending a filibuster is called "cloture", and and the requirement for cloture was 60%, but this has been changed by a clever interpretation of the rules, which is the "nuclear option". The wikipedia article is pretty good at the details of how this works.
â Burt_Harris
20 hours ago
2
It's worth noting that, had the Democrats not used the Filibuster on Gorsuch, it would have been available here, where invoking the nuclear option would be much harder
â Machavity
4 hours ago
On a technicality, Stanley Matthews was confirmed by the narrowest margin (24-23). senate.gov/pagelayout/reference/nominations/Nominations.htm
â Ben Mohorc
2 hours ago
Thanks for the helpful reference @BenMohorc, I've edited the answer.
â Burt_Harris
2 hours ago
 |Â
show 3 more comments
up vote
4
down vote
Weakening of the Filibuster was one of the primary reasons this moved faster than previously possible. This weakening of the filibuster began in 2013, by then Senate Majority Leader Harry Reid (D-Nev.). Reid justified his action by saying: "The American people believe Congress is broken. The American people believe the Senate is broken. And I believe they are right."
Under provisions of the Senate Rules, a small minority of senators has, in the past, been able to hold up nominations despite the majority of senators wanting the nomination to proceed. One of those obstructionist tactics, the filibuster, takes advantage of the fact that Senate Rules do not limit the duration of debating a topic under consideration on the senate floor. Overcoming a filibuster had traditionally required a 3/5 (60%) supermajority vote in a process called cloture, and changing the rules a 2/3 (66%) supermajority vote.
However, in November 2013, Senate Democrats used the "nuclear option" to overcome a threatened filibuster by Republicans on executive branch nominations and federal judicial appointments. This permitted President Obama's nominations for federal judges to be moved forward more rapidly that traditionally possible. In turn, in April 2017, Senate Republicans themselves used the nuclear option to advance the nomination of Neil Gorsuch to a floor vote over the objections of a minority of democratic senators.
Thus by the time Judge Cavanaugh's nomination was being debated on the Senate floor, use of the "nuclear option" to defeat filibuster techniques on nominations was somewhat unsurprising. The Senate majority leader used this tactic to limit debate on the senate floor to 30 hours, and after the alloted time for debate, that a vote was held. The motion to confirm Judge Kavanaugh was passed by a narrow margin, though it was still a majority (but not supermajority) that supported it.
New contributor
Burt_Harris is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Are "filibuster" (i.e. talking forever) and requiring a supermajority (60% instead of 50%) two different things, or the same thing, or related somehow? Is t that they went from 60% to 50% for overcoming fillibusters, and the same (new) 50% is also used for other kinds of vote (e.g. the confirmation)?
â ChrisW
21 hours ago
1
They are related. The usual approach to ending a filibuster is called "cloture", and and the requirement for cloture was 60%, but this has been changed by a clever interpretation of the rules, which is the "nuclear option". The wikipedia article is pretty good at the details of how this works.
â Burt_Harris
20 hours ago
2
It's worth noting that, had the Democrats not used the Filibuster on Gorsuch, it would have been available here, where invoking the nuclear option would be much harder
â Machavity
4 hours ago
On a technicality, Stanley Matthews was confirmed by the narrowest margin (24-23). senate.gov/pagelayout/reference/nominations/Nominations.htm
â Ben Mohorc
2 hours ago
Thanks for the helpful reference @BenMohorc, I've edited the answer.
â Burt_Harris
2 hours ago
 |Â
show 3 more comments
up vote
4
down vote
up vote
4
down vote
Weakening of the Filibuster was one of the primary reasons this moved faster than previously possible. This weakening of the filibuster began in 2013, by then Senate Majority Leader Harry Reid (D-Nev.). Reid justified his action by saying: "The American people believe Congress is broken. The American people believe the Senate is broken. And I believe they are right."
Under provisions of the Senate Rules, a small minority of senators has, in the past, been able to hold up nominations despite the majority of senators wanting the nomination to proceed. One of those obstructionist tactics, the filibuster, takes advantage of the fact that Senate Rules do not limit the duration of debating a topic under consideration on the senate floor. Overcoming a filibuster had traditionally required a 3/5 (60%) supermajority vote in a process called cloture, and changing the rules a 2/3 (66%) supermajority vote.
However, in November 2013, Senate Democrats used the "nuclear option" to overcome a threatened filibuster by Republicans on executive branch nominations and federal judicial appointments. This permitted President Obama's nominations for federal judges to be moved forward more rapidly that traditionally possible. In turn, in April 2017, Senate Republicans themselves used the nuclear option to advance the nomination of Neil Gorsuch to a floor vote over the objections of a minority of democratic senators.
Thus by the time Judge Cavanaugh's nomination was being debated on the Senate floor, use of the "nuclear option" to defeat filibuster techniques on nominations was somewhat unsurprising. The Senate majority leader used this tactic to limit debate on the senate floor to 30 hours, and after the alloted time for debate, that a vote was held. The motion to confirm Judge Kavanaugh was passed by a narrow margin, though it was still a majority (but not supermajority) that supported it.
New contributor
Burt_Harris is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Weakening of the Filibuster was one of the primary reasons this moved faster than previously possible. This weakening of the filibuster began in 2013, by then Senate Majority Leader Harry Reid (D-Nev.). Reid justified his action by saying: "The American people believe Congress is broken. The American people believe the Senate is broken. And I believe they are right."
Under provisions of the Senate Rules, a small minority of senators has, in the past, been able to hold up nominations despite the majority of senators wanting the nomination to proceed. One of those obstructionist tactics, the filibuster, takes advantage of the fact that Senate Rules do not limit the duration of debating a topic under consideration on the senate floor. Overcoming a filibuster had traditionally required a 3/5 (60%) supermajority vote in a process called cloture, and changing the rules a 2/3 (66%) supermajority vote.
However, in November 2013, Senate Democrats used the "nuclear option" to overcome a threatened filibuster by Republicans on executive branch nominations and federal judicial appointments. This permitted President Obama's nominations for federal judges to be moved forward more rapidly that traditionally possible. In turn, in April 2017, Senate Republicans themselves used the nuclear option to advance the nomination of Neil Gorsuch to a floor vote over the objections of a minority of democratic senators.
Thus by the time Judge Cavanaugh's nomination was being debated on the Senate floor, use of the "nuclear option" to defeat filibuster techniques on nominations was somewhat unsurprising. The Senate majority leader used this tactic to limit debate on the senate floor to 30 hours, and after the alloted time for debate, that a vote was held. The motion to confirm Judge Kavanaugh was passed by a narrow margin, though it was still a majority (but not supermajority) that supported it.
New contributor
Burt_Harris is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
edited 2 hours ago
New contributor
Burt_Harris is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
answered 21 hours ago
Burt_Harris
1796
1796
New contributor
Burt_Harris is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
Burt_Harris is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Burt_Harris is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Are "filibuster" (i.e. talking forever) and requiring a supermajority (60% instead of 50%) two different things, or the same thing, or related somehow? Is t that they went from 60% to 50% for overcoming fillibusters, and the same (new) 50% is also used for other kinds of vote (e.g. the confirmation)?
â ChrisW
21 hours ago
1
They are related. The usual approach to ending a filibuster is called "cloture", and and the requirement for cloture was 60%, but this has been changed by a clever interpretation of the rules, which is the "nuclear option". The wikipedia article is pretty good at the details of how this works.
â Burt_Harris
20 hours ago
2
It's worth noting that, had the Democrats not used the Filibuster on Gorsuch, it would have been available here, where invoking the nuclear option would be much harder
â Machavity
4 hours ago
On a technicality, Stanley Matthews was confirmed by the narrowest margin (24-23). senate.gov/pagelayout/reference/nominations/Nominations.htm
â Ben Mohorc
2 hours ago
Thanks for the helpful reference @BenMohorc, I've edited the answer.
â Burt_Harris
2 hours ago
 |Â
show 3 more comments
Are "filibuster" (i.e. talking forever) and requiring a supermajority (60% instead of 50%) two different things, or the same thing, or related somehow? Is t that they went from 60% to 50% for overcoming fillibusters, and the same (new) 50% is also used for other kinds of vote (e.g. the confirmation)?
â ChrisW
21 hours ago
1
They are related. The usual approach to ending a filibuster is called "cloture", and and the requirement for cloture was 60%, but this has been changed by a clever interpretation of the rules, which is the "nuclear option". The wikipedia article is pretty good at the details of how this works.
â Burt_Harris
20 hours ago
2
It's worth noting that, had the Democrats not used the Filibuster on Gorsuch, it would have been available here, where invoking the nuclear option would be much harder
â Machavity
4 hours ago
On a technicality, Stanley Matthews was confirmed by the narrowest margin (24-23). senate.gov/pagelayout/reference/nominations/Nominations.htm
â Ben Mohorc
2 hours ago
Thanks for the helpful reference @BenMohorc, I've edited the answer.
â Burt_Harris
2 hours ago
Are "filibuster" (i.e. talking forever) and requiring a supermajority (60% instead of 50%) two different things, or the same thing, or related somehow? Is t that they went from 60% to 50% for overcoming fillibusters, and the same (new) 50% is also used for other kinds of vote (e.g. the confirmation)?
â ChrisW
21 hours ago
Are "filibuster" (i.e. talking forever) and requiring a supermajority (60% instead of 50%) two different things, or the same thing, or related somehow? Is t that they went from 60% to 50% for overcoming fillibusters, and the same (new) 50% is also used for other kinds of vote (e.g. the confirmation)?
â ChrisW
21 hours ago
1
1
They are related. The usual approach to ending a filibuster is called "cloture", and and the requirement for cloture was 60%, but this has been changed by a clever interpretation of the rules, which is the "nuclear option". The wikipedia article is pretty good at the details of how this works.
â Burt_Harris
20 hours ago
They are related. The usual approach to ending a filibuster is called "cloture", and and the requirement for cloture was 60%, but this has been changed by a clever interpretation of the rules, which is the "nuclear option". The wikipedia article is pretty good at the details of how this works.
â Burt_Harris
20 hours ago
2
2
It's worth noting that, had the Democrats not used the Filibuster on Gorsuch, it would have been available here, where invoking the nuclear option would be much harder
â Machavity
4 hours ago
It's worth noting that, had the Democrats not used the Filibuster on Gorsuch, it would have been available here, where invoking the nuclear option would be much harder
â Machavity
4 hours ago
On a technicality, Stanley Matthews was confirmed by the narrowest margin (24-23). senate.gov/pagelayout/reference/nominations/Nominations.htm
â Ben Mohorc
2 hours ago
On a technicality, Stanley Matthews was confirmed by the narrowest margin (24-23). senate.gov/pagelayout/reference/nominations/Nominations.htm
â Ben Mohorc
2 hours ago
Thanks for the helpful reference @BenMohorc, I've edited the answer.
â Burt_Harris
2 hours ago
Thanks for the helpful reference @BenMohorc, I've edited the answer.
â Burt_Harris
2 hours ago
 |Â
show 3 more comments
up vote
0
down vote
Indifference
Even after Republicans learned of the allegations a short time before the public did, they still planed to confirm Kavanaugh anyway without investigating.
It wasn't until after the press and public learned about it, and Kavanaugh's angry, rant-filled, and often dishonest interview about it, that a few Republicans requested a limited "investigation" (the others still planned to go ahead and confirm him).
Sure the investigation wasn't thorough by any means, but they they can at-least say they did investigate and found nothing. That gives them some political cover.
Politics
It's important to remember that current Republican president Donald Trump has had many more accusations of accusations of sexual misconduct and assault. What are they going to do? Start taking these sexual assault charges seriously while their sitting president has even worse allegations against him? Unlikely, as we saw with recently failed Senate nominee Roy Moore.
If I recall, Trump's past was already widely known beforehand, and the general populace had the information and chose to elect him anyway, possibly because he put on a bit of an "I'm a better person now" front. I didn't see that with Kavanaugh, but if he was bound to be elected anyway I suppose it wasn't necessary. But yes, I see lots of parallels too, and the similar accusations against Trump are part of why I did not understand his election back then... though it wasn't rushed. (Though, neither was this, according to the other answers.) Thank you.
â Aaron
23 hours ago
@Aaron, have you ever heard the expression, "Pied Piper Strategy"?
â elliot svensson
23 hours ago
2
"Republicans already knew the allegations against Kavanaugh before the press did": Do you have a source for that?
â tim
23 hours ago
@tim I guess there's no way to know how much the press knew when, so I amended that section.
â CrackpotCrocodile
22 hours ago
add a comment |Â
up vote
0
down vote
Indifference
Even after Republicans learned of the allegations a short time before the public did, they still planed to confirm Kavanaugh anyway without investigating.
It wasn't until after the press and public learned about it, and Kavanaugh's angry, rant-filled, and often dishonest interview about it, that a few Republicans requested a limited "investigation" (the others still planned to go ahead and confirm him).
Sure the investigation wasn't thorough by any means, but they they can at-least say they did investigate and found nothing. That gives them some political cover.
Politics
It's important to remember that current Republican president Donald Trump has had many more accusations of accusations of sexual misconduct and assault. What are they going to do? Start taking these sexual assault charges seriously while their sitting president has even worse allegations against him? Unlikely, as we saw with recently failed Senate nominee Roy Moore.
If I recall, Trump's past was already widely known beforehand, and the general populace had the information and chose to elect him anyway, possibly because he put on a bit of an "I'm a better person now" front. I didn't see that with Kavanaugh, but if he was bound to be elected anyway I suppose it wasn't necessary. But yes, I see lots of parallels too, and the similar accusations against Trump are part of why I did not understand his election back then... though it wasn't rushed. (Though, neither was this, according to the other answers.) Thank you.
â Aaron
23 hours ago
@Aaron, have you ever heard the expression, "Pied Piper Strategy"?
â elliot svensson
23 hours ago
2
"Republicans already knew the allegations against Kavanaugh before the press did": Do you have a source for that?
â tim
23 hours ago
@tim I guess there's no way to know how much the press knew when, so I amended that section.
â CrackpotCrocodile
22 hours ago
add a comment |Â
up vote
0
down vote
up vote
0
down vote
Indifference
Even after Republicans learned of the allegations a short time before the public did, they still planed to confirm Kavanaugh anyway without investigating.
It wasn't until after the press and public learned about it, and Kavanaugh's angry, rant-filled, and often dishonest interview about it, that a few Republicans requested a limited "investigation" (the others still planned to go ahead and confirm him).
Sure the investigation wasn't thorough by any means, but they they can at-least say they did investigate and found nothing. That gives them some political cover.
Politics
It's important to remember that current Republican president Donald Trump has had many more accusations of accusations of sexual misconduct and assault. What are they going to do? Start taking these sexual assault charges seriously while their sitting president has even worse allegations against him? Unlikely, as we saw with recently failed Senate nominee Roy Moore.
Indifference
Even after Republicans learned of the allegations a short time before the public did, they still planed to confirm Kavanaugh anyway without investigating.
It wasn't until after the press and public learned about it, and Kavanaugh's angry, rant-filled, and often dishonest interview about it, that a few Republicans requested a limited "investigation" (the others still planned to go ahead and confirm him).
Sure the investigation wasn't thorough by any means, but they they can at-least say they did investigate and found nothing. That gives them some political cover.
Politics
It's important to remember that current Republican president Donald Trump has had many more accusations of accusations of sexual misconduct and assault. What are they going to do? Start taking these sexual assault charges seriously while their sitting president has even worse allegations against him? Unlikely, as we saw with recently failed Senate nominee Roy Moore.
edited 12 hours ago
agc
4,1481345
4,1481345
answered 23 hours ago
CrackpotCrocodile
42329
42329
If I recall, Trump's past was already widely known beforehand, and the general populace had the information and chose to elect him anyway, possibly because he put on a bit of an "I'm a better person now" front. I didn't see that with Kavanaugh, but if he was bound to be elected anyway I suppose it wasn't necessary. But yes, I see lots of parallels too, and the similar accusations against Trump are part of why I did not understand his election back then... though it wasn't rushed. (Though, neither was this, according to the other answers.) Thank you.
â Aaron
23 hours ago
@Aaron, have you ever heard the expression, "Pied Piper Strategy"?
â elliot svensson
23 hours ago
2
"Republicans already knew the allegations against Kavanaugh before the press did": Do you have a source for that?
â tim
23 hours ago
@tim I guess there's no way to know how much the press knew when, so I amended that section.
â CrackpotCrocodile
22 hours ago
add a comment |Â
If I recall, Trump's past was already widely known beforehand, and the general populace had the information and chose to elect him anyway, possibly because he put on a bit of an "I'm a better person now" front. I didn't see that with Kavanaugh, but if he was bound to be elected anyway I suppose it wasn't necessary. But yes, I see lots of parallels too, and the similar accusations against Trump are part of why I did not understand his election back then... though it wasn't rushed. (Though, neither was this, according to the other answers.) Thank you.
â Aaron
23 hours ago
@Aaron, have you ever heard the expression, "Pied Piper Strategy"?
â elliot svensson
23 hours ago
2
"Republicans already knew the allegations against Kavanaugh before the press did": Do you have a source for that?
â tim
23 hours ago
@tim I guess there's no way to know how much the press knew when, so I amended that section.
â CrackpotCrocodile
22 hours ago
If I recall, Trump's past was already widely known beforehand, and the general populace had the information and chose to elect him anyway, possibly because he put on a bit of an "I'm a better person now" front. I didn't see that with Kavanaugh, but if he was bound to be elected anyway I suppose it wasn't necessary. But yes, I see lots of parallels too, and the similar accusations against Trump are part of why I did not understand his election back then... though it wasn't rushed. (Though, neither was this, according to the other answers.) Thank you.
â Aaron
23 hours ago
If I recall, Trump's past was already widely known beforehand, and the general populace had the information and chose to elect him anyway, possibly because he put on a bit of an "I'm a better person now" front. I didn't see that with Kavanaugh, but if he was bound to be elected anyway I suppose it wasn't necessary. But yes, I see lots of parallels too, and the similar accusations against Trump are part of why I did not understand his election back then... though it wasn't rushed. (Though, neither was this, according to the other answers.) Thank you.
â Aaron
23 hours ago
@Aaron, have you ever heard the expression, "Pied Piper Strategy"?
â elliot svensson
23 hours ago
@Aaron, have you ever heard the expression, "Pied Piper Strategy"?
â elliot svensson
23 hours ago
2
2
"Republicans already knew the allegations against Kavanaugh before the press did": Do you have a source for that?
â tim
23 hours ago
"Republicans already knew the allegations against Kavanaugh before the press did": Do you have a source for that?
â tim
23 hours ago
@tim I guess there's no way to know how much the press knew when, so I amended that section.
â CrackpotCrocodile
22 hours ago
@tim I guess there's no way to know how much the press knew when, so I amended that section.
â CrackpotCrocodile
22 hours ago
add a comment |Â
protected by Philipp⦠10 hours ago
Thank you for your interest in this question.
Because it has attracted low-quality or spam answers that had to be removed, posting an answer now requires 10 reputation on this site (the association bonus does not count).
Would you like to answer one of these unanswered questions instead?
13
Maybe a little more research would have been helpful. The FBI concluded its investigation, confirming that there was no corroborating evidence of any accusation, and the Senate confirmed Kavanaugh on Saturday. The Supreme Court actually began its session last Monday, before Kavanaugh was sworn in, so he's coming right into it with the work already underway.
â Joe
yesterday
14
@Joe Actually, it was precisely more research that lead me to believe that the FBI did not confirm that there was no corroborating evidence, which I briefly mentioned in the question. Unless the news is lying, the FBI ignored many claims and witnesses. They may have filed a report which stated "We confirm that..." but you cannot actually say they confirmed anything if they didn't honestly look into it. Are the news articles gross exaggerations? It wouldn't be the first time if they were, but I wasn't going to assume that was the case until I had reason to believe otherwise.
â Aaron
yesterday
5
@Aaron - We don't really know what the report said, because it was under extreme lockdown (which may, in fact, be normal, but that doesn't change how restrictive it is). All we know for sure (as far as I know) is that it was convincing enough to enable some of the holdouts to vote for him.
â Bobson
yesterday
1
@Bobson Interesting point. When we see in news articles that certain claims were ignored and that certain people were not spoken to, does that mean that those claims could be false? Perhaps someone assumes a certain claim was ignored, or someone claims they weren't spoken to, etc., but that all claims about what the FBI did or did not do are mostly speculation and hearsay?
â Aaron
yesterday
1
Comments are not for extended discussion; this conversation has been moved to chat.
â yannisâ¦
17 mins ago