As the Senate Judiciary Committee prepares to hear testimony Thursday from Supreme Court nominee Brett Kavanaugh and his accuser, Christine Blasey Ford, some Republicans, including Sen. Mitch MConnell and President Trump, have made up their minds already. No matter what is said under oath at that hearing, they’ll support Kavanaugh’s confirmation. While that stance might win points for loyalty, it comes at a cost of both credibility and integrity — a Trumpian tradeoff that has serious implications.
On Friday, Senate Majority Leader Mitch McConnell made clear that “plowing through” the nomination, not actually considering what Christine Blasey Ford had to say when she testifies under oath before the Senate, was his plan. He told the audience at the Value Voters Summit, “In the very near future, Judge Kavanaugh will be on the United States Supreme Court.” Adding, “So my friends, keep the faith, don’t get rattled by all of this. We’re going to plow right through it and do our job.”
On Tuesday, a White House spokesman responded to a question asking “Is there any circumstance under with the White House or President Trump would pull Judge Kavanaugh’s nomination?” with “Absolutely not.”
Is there any circumstance under which the White House or President Trump would pull Judge Kavanaugh’s nomination? @RajShah45: Absolutely not.
— Hallie Jackson (@HallieJackson) September 25, 2018
The integrity of the United States Supreme Court depends on credible and fair confirmation process. That would be the point of hearing testimony under oath on the sexual assault allegations brought by Christine Blasey Ford. If the conclusion of that hearing is predetermined, and senators already decided how to cast their votes, then it is no hearing at all but merely an exercise.
That approach not only undercuts the integrity of the court, but also undermines the fundamental idea of American institutions based on truth and a desire to serve the people, rather than blind party loyalty.
Aside from the real and serious consequence of discarding the principles related to open inquiry, there are real and immediate consequences for the GOP as their leaders admit that sworn testimony would not change a vote or support.
For one thing, it gives ammunition to Democrats, who have long claimed that Republicans care more about supporting whatever the GOP wants rather than determining facts or doing what is good for the people.
Additionally, the comments from McConnell and Trump will also undercut Republican support with women — a key demographic if they are to keep control in Washington. Although clearly some conservative women have pushed back on #MeToo and where that movement has gone, saying that a woman’s testimony under oath doesn’t matter or, as Trump did, that accusations are only credible if they are accompanied by a police report, will be very hard to defend and are, in fact, indefensible.
I have no doubt that, if the attack on Dr. Ford was as bad as she says, charges would have been immediately filed with local Law Enforcement Authorities by either her or her loving parents. I ask that she bring those filings forward so that we can learn date, time, and place!
— Donald J. Trump (@realDonaldTrump) September 21, 2018
Finally, perhaps the person most poorly served by these comments is Kavanaugh himself. If Kavanaugh is confirmed, there will always be a lingering sense that his name was not cleared and that evidence was never considered rendering the hearing tainted. That would both hurt his reputation and his status as a respected judge and pose a problem of legitimacy.
In the end, trading loyalty for principles might give Republicans a short-term win on the Supreme Court. But, in the long run, it won’t do the party, their nominee, or the country any favors.
