Mr. President, I thank the distinguished Senator from Hawaii for her comments. She has had a strong voice of reason and conscience throughout this whole debate. This is not a normal confirmation vote. I have now served in the Senate for 19…
Mr. President, I thank the distinguished Senator from Hawaii for her comments. She has had a strong voice of reason and conscience throughout this whole debate.
This is not a normal confirmation vote. I have now served in the Senate for 19 Supreme Court nominations, more than any other Senator. I have never seen so much at stake with a single seat. I have never seen this much at stake precisely because this is about so much more than one seat. Indeed, the integrity of two of the three coequal branches of our Republic is at stake. This vote will decide whether the U.S. Senate--which, at its best, can serve as the conscience of the Nation-- causes the Supreme Court to be indelibly tainted in the eyes of millions of Americans, perhaps more than half of the country.
To be clear, my opposition to Judge Kavanaugh is not because he was nominated by a Republican President. In my 44 years in the Senate, I have voted for more Republican-appointed judges than almost every single Republican Senator serving today. That includes, of course, voting to confirm Chief Justice John Roberts. But Judge Kavanaugh is not a typical conservative nominee. My opposition is driven by my firm belief that his confirmation will bring great harm to the court, to this body, and to millions of hard-working Americans.
Judge Kavanaugh has been relentlessly dishonest under oath. I am not just referring to the fact that he was not telling the truth about his high school drinking or the obvious misogyny in his yearbook or whether he is ``Bart O'Kavanaugh,'' who passed out from drunkenness. All of that, of course, does speak to his credibility, as he concocted far- fetched story after far-fetched story, all to avoid conceding facts that would corroborate the Brett Kavanaugh as described by Dr. Ford and Ms. Ramirez.
But it is much more than that--much, much more than that. Every single time Judge Kavanaugh has testified before the Senate--in 2004, in 2006, and twice in 2018--he has misled and dissembled. On issues big and small, anytime he has been faced with questions that are incriminating, or would place
him in the middle of controversy, he has shown that he cannot be trusted to tell the truth. He misled the Senate. Following questions by both Republicans and Democrats, he misled the Senate about his role in a hacking scandal and thefts from the U.S. Senate. He misled the Senate about his role in confirming several controversial judicial nominees and in shaping the legal justifications for some of the Bush administration's most extreme and eventually discredited policies. I have never seen a nominee so casually willing to evade and deny the truth in service of his own raw ambition. For decades, that ambition has let him, step after step, evade the truth if it is in any way going to stop his ambitions.
The truth is, we are just beginning to learn about Judge Kavanaugh's dishonesty under oath. His false testimony during his 2004 and 2006 confirmation hearings only came to light as the Judiciary Committee obtained some of his White House emails--some because Senate Republicans blocked access to 90 percent--90 percent--of his White House records. Compare that to when Justice Kagan was here, we made sure that Republicans and Democrats had 99 percent of her records, and they were briefed on the remaining 1 percent. Here, 90 percent was blocked. So everything we have learned about his prior dishonesty comes from just 10 percent of his record. Many more of these records are eventually going to become public after today. In fact, I joined a lawsuit, led by Senator Blumenthal, to force the National Archives to release these records. So if 10 percent of his records show dishonesty, what are the chances that the other 90 percent do not contain additional evidence of Judge Kavanaugh's dishonesty under oath? I would say the chance is about zero.
It is not just Judge Kavanaugh's veracity that is disqualifying; it is also his temperament and his partisan zeal. When Brett Kavanaugh was nominated to the D.C. Circuit Court of Appeals in 2004, he was known only as a hyper-partisan political operative. Because he was seen as so hyperpolitical, it took 2 years to get him confirmed. Since Judge Kavanaugh's nomination to the Supreme Court, I had wondered whether his earlier partisan zeal that held him up for 2 years has remained.
Well, it was confirmed last week that it does remain. I have never seen a nominee, either Republican or Democrat, so consumed by partisan rancor. In testimony that veered into a tirade, he angrily attacked Senators and dismissed Dr. Ford's testimony as part of a smear campaign to ruin his name and sink his nomination. His conspiratorial ramblings--attributing the allegations to ``revenge on behalf of the Clintons,'' wherever that came from--were an insult to Dr. Ford and to survivors of sexual violence everywhere. It is not how a patron of the President of the United States continues to deride victims of sexual violence.
Former Justice John Paul Stevens, a Republican appointee--actually, he was the first nominee I was able to vote on as a U.S. Senator, and I voted for him. This Republican appointee, well-respected Supreme Court Justice, declared that Judge Kavanaugh's unhinged performance last week demonstrates ``potential bias.'' Justice Stevens said that ``for the good of the Court,'' Judge Kavanaugh's confirmation ought not to proceed. Just yesterday, contrary to the statements made on the floor of the Senate, the American Bar Association announced that it is reopening its evaluation of Judge Kavanaugh's fitness to serve as a judge. These developments--both unprecedented--should serve as flashing red warning signs to any Senator inclined to vote yes at this time.
And there are more flashing red signs.
Dr. Ford's credible and compelling testimony captivated the Nation and inspired survivors of sexual violence across the country. Every minute of her testimony was credible. She disclosed the abuse long before Judge Kavanaugh was a household name. She remembered vivid details of that night. She expressed 100 percent certainty that Judge Kavanaugh was her abuser. In a moment that I will never forget, when I asked her: Doctor, what is your strongest memory--something that she could not forget--she testified: ``Indelible in the hippocampus is the laughter, the uproarious laughter between the two'' as a teenage Brett Kavanaugh and a friend drunkenly assaulted Dr. Ford.
Dr. Ford had nothing to gain by coming forward. I believe her, just as I believed Anita Hill. In my view, no one who truly believes Dr. Ford can credibly justify voting yes. Unfortunately, the Senate appears to be on the brink of failing Dr. Ford, just as it will fail Ms. Ramirez, and just as it failed Anita Hill.
The FBI investigation completed over the last few days falls short of any standard. And it fell short by design. We have already heard about its deficiencies from Dr. Ford, Ms. Ramirez, and numerous other witnesses who attempted, unsuccessfully, to share relevant information with the FBI.
Senate Republican leadership in the White House did everything in their power to ensure this investigation was not a search for truth but rather a search for cover. Even a basic search for the truth would have allowed the FBI to interview Judge Kavanaugh and Dr. Ford, as well as her husband and her therapist. A search for truth would have allowed the FBI to view numerous high school and college classmates who come forward saying they could provide information about Judge Kavanaugh's conduct during those years that was consistent with the allegation.
A search for the truth would have allowed the FBI to interview a man who wrote a sworn statement asserting he could corroborate Ms. Ramirez's allegations or two women who contacted authorities with evidence that Judge Kavanaugh tried to head off Ms. Ramirez's story before it became public. That was in clear contradiction to his testimony before the Judiciary Committee. A search for the truth would have allowed the FBI to at least speak with Julie Swetnick, a third accuser.
As Vermonters said to me last weekend when I was home, if they have nothing to hide, why the rush? If they have nothing to hide, why don't they take the time to find the whole truth?
Instead of calling on the FBI to take these basic investigatory steps, inexplicably, the Republican-controlled Judiciary Committee has solely tried to discredit these women. The committee released a statement from a former acquaintance of Ms. Swetnick. This individual had no knowledge of the alleged incident but instead wanted to describe the alleged sexual preferences of Ms. Swetnick. According to the National Task Force to End Sexual and Domestic Violence--one of the most nonpartisan and respected voices on Capitol Hill--this shameless attempt to smear the victim violates the intent of the Rape Shield law.
Look what happened. On the one hand, you have the President of the United States at a rally trying to shame the victim, who, of course, is a woman. Then, on the other hand, we have Ms. Swetnick, who has never even been interviewed by the FBI. She was ignored. She was silenced. Then, to follow the routine of this administration, she was shamed. It is outrageous she has been treated that way.
Republicans have also claimed the other individuals Dr. Ford identified at the gathering where she was assaulted have refuted her testimony. These Republicans know that is false. Those individuals stated publicly they do not recall the event.
As Dr. Ford told the Judiciary Committee, this is not surprising, as ``it was a very unremarkable party . . . because nothing remarkable happened to them that evening.'' One of these individuals has said publicly she believes Dr. Ford.
Republicans have claimed the investigation failed to review core objective evidence for any of these allegations. Despite the numerous restrictions placed on this investigation, that simply is not true, but a predicate fact for developing thorough corroborating evidence is a thorough investigation. This investigation fell far short. When I was a prosecutor, I never would have allowed an investigation to have left out so many salient points. It is a disservice to Ms. Ford, Ms. Ramirez, Ms. Swetnick. It is a disservice to survivors everywhere.
The manic rush to place Judge Kavanaugh on the bench was more important to many in this Senate than these women. Pushing toward confirmation while so many leads remain unexamined will forever taint a Justice
Kavanaugh, and, unfortunately, the Supreme Court itself.
Yet truth can be dogged. It has a way of coming out, eventually. For any Senator who votes yes while troubling new developments in this nominee are occurring in real time, it will be on their conscience when more disqualifying information later emerges--and it will. I urge them to think carefully about what a ``yes'' vote would mean to the legitimacy of the Supreme Court, to the integrity of the Senate, and to the increasing divisiveness in our Nation.
As partisan as this process has been, this is not a partisan dilemma. Many prominent conservatives will make a fine Supreme Court Justice. As I said at the beginning of my speech, I voted for more Republican nominees than almost any Republican Senator in this body, but these other people would not cast a shadow over the Supreme Court and a shadow over the U.S. Senate. Judge Kavanaugh is not that choice. To avoid risking permanent damage in the integrity of our institution as a government, I urge Senators to join me in voting no on Judge Kavanaugh's nomination.
I yield the floor.