Here’s what baffles Senate Republicans. Democrats on the Judiciary Committee insisted that Brett Kavanaugh accuser Christine Blasey Ford be given a chance to tell her story. Everybody knows the wrangling that took place over the last week, as Ford’s legal team and committee chairman Chuck Grassley negotiated over when Ford would appear and under what circumstances she would testify. Finally, a deal was struck, with all in agreement. Ford is scheduled to testify this Thursday at 10:00 a.m. in Washington.
But now, Democrats want to throw it all out.
“I am writing to request an immediate postponement of any further proceedings related to the nomination of Brett Kavanaugh,” ranking Democrat Dianne Feinstein wrote to Grassley on Sunday night, after the New Yorker published a thinly-sourced account of a woman, Deborah Ramirez, who claims that Kavanaugh exposed himself to her 35 years ago at a college dorm party. Feinstein asked that the Ramirez allegation be referred to the FBI for investigation.
But what about Ford? What about all those hours the committee staff and Ford’s lawyers spent hashing out the terms of Ford’s testimony? What about the delays? After all, Grassley originally observed the committee’s one-week rule to schedule a hearing for Monday, Sept. 24, a week after Ford went public. Then Ford refused to appear, and Grassley offered a hearing on Wednesday. Then Ford refused to appear, and Grassley offered a hearing on Thursday. Ford reluctantly accepted. Beyond that, there was all the talk about the logistics of the testimony. Public? Private? Senators only? That consumed time and energy on both sides.
Feinstein’s call to dump the hard-won agreement has some Republicans shaking their heads. Should a new allegation, especially one as flimsy as the Ramirez story, cause the committee not to hear testimony on a case that Democrats believe is so important?
“Dr. Ford has said she wants to share her story,” said a GOP committee aide. “She will have a chance to do that on Thursday, and Judge Kavanaugh will have a chance to respond. Uncorroborated, thinly-sourced claims should not deprive them of that opportunity.”
This time, it appears that Grassley is not budging. On Monday night, the committee sent out notice that the hearing will take place as scheduled, Thursday at 10:00 a.m. It will be held in a smaller room than is usually used for hearings of such enormous public interest. But it will take place, at least according to the plan now.
Meanwhile, Democrats are lining up behind Feinstein’s call to stop everything. “The Senate should halt all proceedings on Judge Kavanaugh’s nomination” until investigations have been done, tweeted Sen. Chris Van Hollen. “Sen. Feinstein is right to call for hearing postponement to get to the bottom of these allegations,” tweeted Sen. Jeanne Shaheen. “At the very least we cannot move forward until there is a complete and thorough investigation of what appears to be a disturbing pattern of behavior by this nominee,” tweeted Sen. Bob Menendez. The “disturbing pattern” was apparently the original Ford allegation plus the unsupported Ramirez story.
Sen. Jeff Merkley cut to the Democratic chase: “I call upon Brett Kavanaugh for the good of the country and the integrity of the court to step aside immediately.”
So far, though, the Thursday date remains. But late Monday came a possible indication that Ford’s commitment to testifying Thursday might not be ironclad. Her lawyers wrote a letter to Grassley complaining about Senate Majority Leader Mitch McConnell’s speech condemning the Democratic fight against Kavanaugh as a “shameful, shameful smear campaign.” The Ford team claimed McConnell’s speech was “inconsistent” with Grassley’s promise of fair treatment.
Team Ford also expressed unhappiness with Grassley’s decision to hire “an experienced sex-crimes prosecutor to serve as an investigative staff counsel for the hearing” and conduct the questioning of both Ford and Kavanaugh. Ford’s lawyers said the hire — a move with plenty of precedent in Senate investigations — is “contrary to the majority’s repeated emphasis on the need for the Senate and this committee’s members to fulfill their constitutional obligations.” The Ford legal team requested a meeting about the new counsel on Tuesday.
Are the new protests a prelude to Ford rejecting yet another hearing date? That’s not yet clear. But if she does, she’ll have the support of Senate Democrats.