Now that Brett Kavanaugh has been confirmed and sworn in as an associate justice of the U.S. Supreme Court, the Republican PR machine has been generating wave after wave of propaganda about the Democratic “smear campaign” of Kavanaugh. There has been much said about the fact that he should have been presumed innocent until all reasonable doubt was removed.
All of this is designed to rev up the right-wing base to counter the feminist wave that opposed the GOP tactics of ramming through the Kavanaugh nomination.
There are more than a few problems about the GOP proclamations about Kavanaugh’s “innocence.” First, there was more than a little evidence about his lies under oath, from the stolen Miranda strategy memos to his denial of his heavy drinking. Neither the Senate Judiciary Committee nor the FBI fully investigated any of it. So, of course, the Republicans are claiming innocence. Avoidance of investigation is hardly proof of innocence.
Then there’s also the point that Kavanaugh wasn’t on trial for a crime. He was being considered for a promotion, and the issues brought up were certainly worth considering before promoting him to the Supreme Court… but the Republicans didn’t want them considered, and the FBI wouldn’t even listen to dozens of people who wanted to testify.
Second, and more important, there’s another aspect to the issue of reasonable doubt, or the shadow of a doubt. Don’t we, the American people, deserve the best justice possible, beyond a shadow of a doubt? Not a justice whose past the GOP managed to keep from being fully investigated. Not one who conveniently remembers what he wants and has no recollection of anything unpleasant, whether it was a sexual assault or black-out drinking. Not one whose mindset is based on expediency and self-interest, rather than on a solid judicial footing.
The Federalist Society had a long list of highly qualified very conservative candidates who all met any possible far right criteria, and contrary to GOP propaganda, it’s not unprecedented for the Senate to reject less qualified nominees. It’s happened more than a few times in the last fifty years. So why were the GOP and President so intent on ramming Kavanaugh through?
Might it just have been his expressed philosophy that a sitting president can’t be charged with crimes? Might it just be that his opinion on that trumped everything else, including the right of the people to have a justice who is above suspicion, rather than one whose backers thwarted any in-depth investigation?
Just keep that in mind as the GOP PR crew touts Kavanaugh’s “innocence.”