The Corner

Law & the Courts

The Demands the “Ford Team” Has Made Are Ludicrous

Supreme Court nominee judge Brett Kavanaugh testifies during his Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, D.C., September 5, 2018. (Chris Wattie/Reuters)

Per Shannon Bream, here are the requests that Kavanaugh’s accuser has made:

The answer to these demands is, clearly, “No.” The Senate is not a courtroom. But we have strong reasons for requiring that accused people are “confronted with the witnesses against” them, and those reasons transcend narrow constitutional obligation. Yes, the Senate can hold a hearing in which the witnesses never lock eyes. No, it would not be good practice.

We also have good reasons for ensuring that accusers testify first. And yet, per Bream, Ford’s “team” insists that “Kavanaugh must testify FIRST.” Which raises the obvious question: Testify against what exactly? A half-leaked letter? A piece in the Washington Post? The ever-churning rumor mill? How utterly preposterous it would be to hold a hearing in which the accused is expected to refute allegations that have not yet been made under oath, and then to watch in silence as the accuser responds to his “refutation.” How far down the rabbit hole must we go to sustain this charade?

Something to Consider

If you read this article and were stimulated by its contents, we have a proposition for you: Join NRPLUS. Members get all of our content (including the magazine), no paywalls or content meters, an advertising-minimal experience, and unique access to our writers and editors (conference calls, social-media groups, etc.). And importantly, NRPLUS members help keep NR going. Consider it?
If you read this article and were stimulated by its contents, we have a proposition for you: Join NRPLUS.
LEARN MORE

Most Popular

Politics & Policy

We’ll Regret This

Mitch McConnell says the president will sign the budget deal and he will also declare a national emergency to build the wall, as I expected. We’ll see the legal justifications he uses, but as a political and constitutional matter this is a long-term disaster. Oh, it might be good for Trump according to the ... Read More
White House

The Failure of the Deal

EDITOR’S NOTE: The following is Jonah Goldberg’s weekly “news”letter, the G-File. Subscribe here to get the G-File delivered to your inbox on Fridays. Dear Reader (But especially Sammie), I had my say on the emergency declaration yesterday, and I’m sure I’ll have to say it all again not very far ... Read More
Politics & Policy

Let’s Chill about Hate Crimes

‘Jussie Smollett, one of the stars of the television show ‘Empire,’ was attacked in Chicago by 2 assailants who yelled racial and homophobic slurs,” tweeted the New York Times on January 29. Mark the tone of absolute certainty about an unconfirmed claim. Many other news outlets took the same tack. ... Read More