Today's MOZEN: To Believe or Not to Believe

F LoBuono

Like most of the Country and, quite possibly, the world, I was held rapt by the Senate confirmation hearing on the nomination of Brett Kavanaugh to sit on the bench of the US Supreme Court. The hearing was held deliberately to assess the testimony of a college professor, Dr. Christine Blasey Ford, who has accused Kavanaugh of sexually molesting her at a high school party some 36 years ago. Judge Kavanaugh has steadfastly and vociferously denied the accusations. Obviously, should Dr. Ford convince the Senators of her version of the incident, his nomination would be in serious jeopardy.

The stakes couldn't be higher. Should Judge Kavanaugh be confirmed, the Supreme Court would be shaped by conservative justices for, possibly, generations to come. This, of course, fills conservative Republicans who control congress with obvious joy, and the minority Democrats consternation. This conflict in agendas contributed greatly to the incredible media hype that surrounded the hearings.

Dr. Ford spoke first. With emotion tempered by conviction, she told her story. And, when pressed for the details she was firm and confident in her answers: yes, she is ABSOLUTELY sure that it was Brett Kavanaugh and a friend who assaulted her all those years ago. There was NO doubt in her mind. She stated that she came forward at this time because she felt it her civic duty - after all, the man whom she claims assaulted her would be responsible for issuing decries that effect women most directly. By most accounts, Dr. Ford was a most sympathetic and CONVINCING witness. She was described as sincere, intelligent, poised, and honest. Simply put, most people seemed to believe her.

Now, before we get into Judge Kavanaugh's response, some of the details surrounding Dr. Ford's testimony can be called into question. In my mind, they are:

1. The time factor. It is not unreasonable to think that 36 years is a long time to remember any incident, even a traumatic one. In fact, some psychologists theorize that, in fact, the more traumatic the event, the more confused a memory might be. Could this be the case here? Some also suggest that it is unfair to judge an entire career of public service by a questionable incident perpetrated as a youth.

2. The timing factor. There is some question as to when the Democrats were aware of the allegations and why they delayed in reporting them. Could the timing of the release be purely political?

3. Corroboration. At this point, the investigation remains a "he said - she said" conundrum. She is adamant that he assaulted her. He is equally firm in his denial. And, there doesn't seem to be anyone else who can confirm or deny what really did happen (at least without an FBI investigation which Judge Kavanaugh has eschewed).

4. Politics. The GOP controls the committee running the hearings. They want him in, pretty much no matter what. The Democrats, on the other hand, are adamant about denying him the position and will do anything within THEIR power to prevent the appointment.

When Judge Kavanaugh testified, he was equally unequivocal in his denial of the accusations as Dr. Ford was in her affirmation of them. At points, he also become emotional in his presentation. He defended himself by saying that he did not doubt that she was molested - it just wasn't by him! He spent most of his time delineating his accomplishments as a judge while at the same time admitting to youthful "indiscretions" that he now found embarrassing. However, at no time did he admit to the sexual molestation of Dr. Ford or ANYONE else. The judge also lambasted the Democrats on the committee for unbridled animosity toward his nomination, claiming it was politically motivated and nothing else.

Here are some of the issues that might be seen in Judge Kavanaugh's testimony:

1. Veracity. Although emotional and adamant, he also came off as contentious, almost belligerent. While one can understand his frustration, it made him appear as if he was angry because he got caught and was, therefore, lying.

2. Accountability. While Dr. Ford has encouraged an official FBI investigation into the alleged incident, Judge Kavanaugh has steadfastly denied the need for one and has even suggested that he would not cooperate with it should one be convened. If one is innocent, why would they not seek the vindication an official inquiry could bring?

3. Dodging. Judge Kavanaugh consistently avoided questions not to his liking. He either evaded or filibustered them. It gave the appearance that he was hiding something.

4. Body language. I am not a body language expert, but I read quotes from others who are. Most of them claimed that his posture was that of someone less than truthful.

5. Likability. While sympathetic to the effects the hearings have had on both his and Dr. Blasey's families, he was downright hostile to some of the Senators, particularly female Democrats. Again, his agitation made it appear that he was angry because he was guilty. And, furthermore, it might be an indication of hostility to powerful women.

Additionally, because of his intense emotion, people began to question the judge's temperament for sitting on the Supreme Court.

Now, the purpose of this post is not to decide for you who may be telling the truth. Rather, I presented some observations that I, and others, made. Because of the nature of the proceedings, apparently, nothing has really changed. It remains a He Said - She Said scenario. The choice on whom to believe is up to YOU.


Epilogue: The truly sad part of the whole affair is that it was a done deal from the beginning. The Republicans have the numbers to make the confirmation happen. And, I fear that no amount a truth seeking, no matter what the appearance, was every enough to change this conclusion.