Previously published in the Terre Haute Tribune Star, 4 October 2018
I believe Dr. Ford. I am skeptical of Judge Kavanaugh’s denial. It is clear he refuses to admit to things that are fairly obvious about his youth. He painted himself at that age and later in college in a manner that does not sound “right.” What I am stuck on is why. Why is he reluctant to admit to any tarnish on his past? Perhaps we are seeing what others have called “upper class privilege.”
All of us constantly, whether we are aware of it or not, manage the impressions we give off in part in an effort to manage what others think of us. Some of us are conscious of that and cultivate that impression management very much, we can see this in the concept of personal branding.
We all were young once. To be “young” is to make mistakes, try out stuff, live in a rarefied world where “we” think we have discovered “sex, drugs and music.” I think just about everyone, when they were “young” did things that if they could do it over, would not. Some acts are relatively innocent (Mr. Young, I am truly sorry I ruined your front yard by doing a “burnout’ in it with my car.) and unfortunately, some are not and leave life-long scars, such as what Dr. Ford experienced. Surely one measure of maturity is to learn from “mistakes.”
By now, everyone has made their mind up about both Dr. Ford and Judge Kavanaugh My guess is that short of any credible further investigation, no matter what comes out now, won’t change anyone’s mind about these two people that most of us now think we know but really do not.
In that vein, I offer the following thought exercise. Please imagine if Judge Kavanaugh had said this during that Thursday hearing:
"Thank you Chairman Grassley and Senators. This has been a very difficult process. It has angered me to the point of rage as my name, which I have tried to carefully cultivate, has been dragged into the gutter and I have been accused of truly evil things. And, as I sit here now, I know all of you are expecting me to 'categorically deny' that I ever did what Dr. Ford has testified that I did, more than 30 years ago.
"The truth, however, is that I cannot do that. I can say I do not remember, though, even that is too strong.
"The fact is I do like beer and I used to drink too much of it. I did drink until I was in a stupor, more than once, and there are times where I don’t remember things. Listening to Dr. Ford’s testimony today, there are things she said that correspond to what I describe as flashes of memory but I cannot really place them, in fact, I don’t now really understand them or even that they correspond to anything that actually happened. They could just be flashes from alcohol laden dreams.
"The fact is, I don’t want to be Dr. Ford’s attacker, who would want to be such a monster? But, truthfully, I cannot say it wasn’t me. I can only truthfully say I don’t know. I don’t believe it was me, but I don’t have the same level of confidence in saying no that Dr. Ford has in saying yes.
"What I can say is that I have conducted myself as a jurist appropriately and with honor and I think a record worthy of confirmation to the Supreme Court. I have sought to promote women lawyers through my clerkships, because I believe we need more women in the highest reaches of law. If I am confirmed, I will be the best justice I can be and continue to conduct myself with the same integrity as my record reflects.
I know doing what you expected me to do, categorically deny that it was me who attacked Dr. Ford, would make your decision as Senators easier. Things are not always so clear and we judges have to sift through messy facts and arguments. I wish you great wisdom as you consider what you have heard today.”
How would you respond to Judge Kavanaugh if that had been his statement? Would it make any difference?
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