Will the Senator yield? Mr. President, at the conclusion of the remarks of the Senator from Missouri, I ask unanimous consent that I be recognized for such time as I may consume. Mr. President, before the Senator from Missouri leaves,…
Will the Senator yield?
Mr. President, at the conclusion of the remarks of the Senator from Missouri, I ask unanimous consent that I be recognized for such time as I may consume.
Mr. President, before the Senator from Missouri leaves, confession is good for the soul, and I want to share something that will shock him, which is that there are a number of things that I did when I was in high school and in college that are not very prominently displayed in my campaign material. So, there, I have said it.
We had a vote this morning, but a lot of people who have been on the phone today have not really been sure what we did with that vote this morning. We had the vote this morning because we had to move forward in order to have the final consideration of this great nominee tomorrow. It was filibustered by the Democrats, and, of course, we had to do a cloture vote. I know this is somewhat in the weeds here, but that is what we have to do. That vote took place.
At some time tomorrow we will actually have this vote. I start by saying that I am enthusiastically a ``yes'' vote tomorrow. I think that goes without saying.
I met with Judge Kavanaugh in my office back when he was first nominated. In fact, I have studied him before. I remembered him when he was nominated the first time, about 6 years ago, and I talked to him at that time. I thought: Well, has he really changed that much? Is it necessary? I even said: It is really not necessary; I have followed his career and all of that. But he came by anyway.
The things that I like--and I am not a lawyer--are the things that he did that show him as a human being, more than just a nominee to be a Justice on the U.S. Supreme Court--the human things that he did. I know for a fact because I talked to her--one of his good friends who died had a wife and two girls, like his two girls. When back-to-school night comes, he takes those two girls with his to back-to-school night. This is the type of thing he does.
We have heard all of the warm things about what he has done as a coach and other things. That is the human being I know. Meeting with him wasn't necessary because I was sold on him anyway after looking at his record.
On the eve of Kavanaugh's nomination, heading toward certain nomination, we were hit by a bomb. It was an uncorroborated attack that the Democrats sat on for 2 months. That is critical. You have to stop and think about that. Why would they take something they thought was so important to destroy this fine man and wait for 2 months and sit on it? I am surprised they didn't let it slip. It is just because they wanted to make sure people were talking about it.
The details of the allegation were of the worst kind--an aggressive, ugly sexual attack.
Sexual assault and violence is wrong, period. It is wrong, and so many women who experience sexual assault and harassment do not feel empowered to come forward even years later--maybe never.
It is also unjust for someone to be accused of a crime that he or she did not commit and be convicted in the court of public opinion without any evidence or corroborated accounts.
It is hard to wrap your head around the fact that someone who has been in the public eye for decades, respected by his colleagues, his law clerks, his students, his friends, his family--everyone--and never had a whisper of wrongdoing in all of those years, and all of a sudden he is accused of such a heinous crime.
Like many Americans, I watched the hearing last Thursday in the hope that it would provide more clarity and some answers, and I think it did. It would be easy to get wrapped up in the conflicting media coverage and all the spin and so on; instead, I looked at what we know to be true--what we know to be true.
The people Dr. Ford places at the scene that night have either denied the events or do not recall any party or gathering that matches her description, so that is an idle accusation.
Her lifelong friend--in fact, some people characterize her as her best friend--is a person Dr. Ford named in her allegations as the only other girl at that small gathering. So here is a small gathering; she is accusing him of this behavior. There was one other girl there, and the other girl says that she does not know Brett Kavanaugh and has never attended a party where he was there. It can't be more definite than that, and that is from her best friend.
When Dr. Ford's testimony is compared to other statements that she made to her therapist, to the Washington Post, to the ranking member, and her statement for the polygraph exam, there are various inconsistencies that should not be ignored.
Dr. Ford's inability to remember key details of the alleged attack-- things like the date, the place, and other circumstances surrounding the event--places Judge Kavanaugh in a difficult position to defend himself as Democrats and the media unjustly shift the burden of proof from the accuser to the accused. I don't remember that happening before. This is still America.
From the beginning, Judge Kavanaugh has categorically denied the accusations and has not wavered or equivocated on this point.
He has cooperated with the Judiciary Committee's investigation--that is Senator Grassley's committee--every step of the way, including speaking with committee staff under oath several times over the course of the last couple of weeks and providing documentation to help clear his name. He has done it all. Everything we have asked of him, he has done.
On the other hand, Dr. Ford's attorneys have refused to turn over key evidence that her testimony relied on to corroborate her claims: her therapist's notes that were shown to the Washington Post but not to the committee, messages she exchanged with the reporter, the documentation, and the recordings related to the polygraph test she took in early August. They were refusing to turn over key evidence. They didn't have any evidence they could turn over, so no wonder there are no witnesses who can corroborate the accusations that have been made against this fine man.
I am not going to go into the other allegations. There are two others that came along.
The timing of this is kind of interesting. First of all, they withheld this document that Dr. Ford had for 2 months. It is hard to keep a secret around this place, and I am surprised that didn't come out. They did it for a purpose. What do you think that purpose was? What other purpose could it have been, other than they were waiting for the last minute to come out with something that was never discussed before? No other accusation had been made. That is what happened.
Based on the totality of what we know, to condemn anyone for an offense that has been denied and not proven--I would caution anyone against doing the same thing.
John Adams, our second President of the United States, wrote--now listen to this--``But if innocence itself is brought to the bar and condemned, perhaps to die, then the citizen will say `whether I do good or whether I do evil is immaterial, for innocence itself is no protection,' and if such an idea as that were to take hold in the mind of the citizen that would be the end of security whatsoever.'' That is what he said.
Let's look at what Scripture says. Numbers 35:30 says:
If anyone kills a person, the murderer shall be put to
death on the evidence of witnesses. But no person--
No person--
shall be put to death on the testimony of one witness.
Think about that. That is a direct violation of what they are trying to do.
So you have Adams, you have the Bible, and then there is our judicial system. It is reflected in our judicial system as well: innocent until proven guilty. It is more than just a phrase; it is a cornerstone of the rule of law since before our founding, and its wisdom has been borne out time and again throughout history: Innocent until proven guilty.
That is really what is on trial here: innocent until proven guilty. I have never seen this happen before, and I have been around for a long time. It cuts through the drama and focuses on the facts. That is why I continue to support Judge Kavanaugh's confirmation.
Judge Kavanaugh's name has been unjustly run through the mud by these subsequent allegations that even the New York Times did not deem fit to print and that were brought forth by a known publicity seeker with an ax to grind against the President, looking for nothing but attention and more fame for himself
I am dismayed that my colleagues on the other side of the aisle have taken these uncorroborated and fantastical allegations at face value and run with them. I feel the Democrats showed their hand in the days since last week's hearing when the agreement on the supplemental FBI background investigation was made. The narrative has shifted from allegations of sexual misconduct to ones of judicial temperament, as my friend from Missouri pointed out.
I am not a lawyer, but everyone knows the saying that if the law is on your side, argue the law. If the facts are on your side, argue the facts. If neither the facts nor the law are on your side, pound the table. That is what we are hearing right now. The difference here is that the Democrats are trying to outdo each other in pounding the table.
They know the allegations are not proven. They know that Judge Kavanaugh remains committed to his innocence and the process, and they know that Republicans will remain committed to the facts, so they must change tactics, move the goalpost one more time, and attack him on other grounds.
The first of these is to question his temperament. Because he defended himself, his family, career, and his name so forcefully and passionately, he did not demonstrate the calm, measured, and detached demeanor that one should expect of a judge. Well, the problem with this characterization is that it ignores the fact that Judge Kavanaugh was not a disinterested party while hearing the arguments of opposing counsel. He was the subject of the accusations, and it was he who was being attacked and condemned. There is a big difference there.
I dare anyone to be calm and dispassionate if they had to sit by for 10 days and watch and listen to everything they have worked for and have built over a long career of public service be torn down in an instant without any proof--without any proof at all--to see your high school yearbook picked apart by conspiracy theorists who seek nefarious meanings behind juvenile jokes and 30-year-old slang, to see your friends and family be threatened and harassed, and you can do nothing to stop the angry mob.
This idea completely ignores the fact that Judge Kavanaugh has proved, over the 12 years that he has been on the bench of the second most powerful court in the country, that he does have the temperament we look for in our judges. This fact is supported by an ABA ranking of unanimously ``well qualified''--which is considered to be the gold standard for Democrats--and the countless testimonies by people across the political spectrum who have worked with him, who have argued a case in front of him, and who know him well.
In the last few days, the discourse has further devolved into perjury claims based on the judge's drinking habits in high school and college. I will leave the legal arguments to those more knowledgeable than I in that department who have thoroughly debunked that particular myth. Suffice it to say, he testified that he liked beer. He drank beer, and sometimes he drank too much. He did some things in high school and college that maybe he now thinks he shouldn't have done, but that is what he did. He wasn't hiding anything when it came to drinking in his youth. He said that right up front in one of the earlier hearings.
There were six background investigations by the FBI over the course of lengthy public service, decades in the public eye, and never has anyone brought any allegations or concerns to the attention of the investigators or the press in all of that time.
I was here when he was up for the appellate judgeship, and none of this came up at that time. There is a difference here. I think the other side is--let's face it. The Democrats said at the very beginning: It doesn't matter who our President nominates to be on the Federal bench, we are going to oppose him. So here we have them opposing him.
Well, with each new breathlessly reported account of a party, alleged ice-throwing incident, or juvenile jokes about passing gas or cussing from the early to the mid-1980s, it becomes clearer and clearer that Democrats are not serious in their concern about the more serious allegations as the focus of their attacks become more and more absurd and desperate.
The fact that they have to focus on Judge Kavanaugh's school days further reinforces the idea that Brett has led an exemplary life as a husband, a father, and a public servant.
I would like to take just a moment to commend my good friend from Iowa, the chairman of the Judiciary Committee. My wife called this morning, and she said: Be sure you single him out and sit him down and tell him how proud I am of him. My wife and I have been married for 59 years, and when my wife is proud, I am proud.
Once he was made aware of the allegations that the Democrats kept from him for weeks, he and his staff went right to work to investigate. They postponed the committee--this is the chairman we are talking about. They postponed the committee vote, gathered statements and other evidence, and offered Dr. Ford the opportunity to provide her testimony in any way that would be comfortable for her, eventually scheduling a follow-up hearing. All along the way, Dr. Ford and Judge Kavanaugh were treated by our chairman of the Judiciary Committee with the respect they deserve and should have received, starting when the allegations were first brought to our attention.
He and his staff have kept us informed in the Senate of the various investigations at almost every step in the process. The chairman has built a well-deserved reputation for protecting whistleblowers. This is one of the things he has been outspoken about for a long time, and he has protected them over the course of his career. He has proven himself once again during this process.
I look forward to voting for Judge Kavanaugh. I would hope that we could put an end to the search-and-destroy campaign that is being waged by the Democrats and their enablers and this media, but I won't hold my breath.
Thank you, Mr. President.
I yield the floor and suggest the absence of a quorum.