On Monday, if things go as planned, the woman who accused Supreme Court nominee Judge Brett Kavanaugh of sexual assault will testify before the Senate Judiciary Committee.
As it stands now, the accuser’s lawyer is attempting to put conditions on the committee. Her
lawyers wrote to Grassley that “an FBI investigation of the incident should be the first step in addressing her allegations,” rather than a Senate hearing before politicians “who appear to have made up their minds.”
The attorneys, Lisa Banks and Debra Katz, asserted that her family “was forced to relocate out of their home” and that “her email has been hacked, and she has been impersonated online.”
They also criticized Grassley for proposing to put Ford at “the same table as Judge Kavanaugh in front of two dozen U.S. Senators on national television to relive this traumatic and harrowing incident.”
No matter their motivation, perhaps to delay the confirmation process until after the next session of the Supreme Court begins, or even until after the mid-term elections, the accused and her lawyers should be careful what they demand.
Although it appears that the FBI will not conduct an investigation into these allegations, if the FBI should do so, then the first step would have to be a thorough interview with the accuser herself.
If we’ve learned nothing else from the Mueller investigation, it’s that not telling the truth, the whole truth, and nothing but the truth to the FBI is a crime. Even getting dates mixed up can lead to 14 days in the slammer!
How else but by thoroughly interviewing the accuser will the FBI, or any investigative team, know where or how to begin?
So far, the accuser has not named a date, a location, a time, or even all potential eye witnesses. How could anyone investigate, even if the alleged incident had occurred last week, much less decades ago?
So first, an interview with the FBI, and then testimony before Congress, under oath. Then a careful comparison of all prior statements (to anyone–Feinstein, friends, neighbors, husband, therapist, media), what was said to the FBI, and what was said under oath to Congress.
Is this really how the accuser’s lawyers want this to play out?
Senator Grassley says that congressional staff are currently “gathering facts.” Grassley has also sent a letter to the accuser’s lawyers, pointing out the usual confirmation process and again inviting the accuser to testify, as her lawyers have said many times that she wishes to do.
In his letter, Grassley advised the accuser that she must supply a biography and the text of her planned testimony to the committee by Friday.
The committee is being very accommodating, by offering the accuser her choice of setting (public or private) and even the ability to speak without the presence of Judge Kavanaugh.
The latter seems to be an extraordinary offer, in that it’s fundamental to our justice system that a person has the right to confront his accusers.
It’s bad enough that Democrat politicians are all over the airwaves and social media, expressing their belief in the accusations and, by default, then, their belief in the guilt of Judge Kavanaugh, even though nobody has yet even seen the accuser, much less heard her story under oath.
Obviously, it’s also fundamental to our justice system that all accused persons, even Supreme Court nominees, even straight white males, are
innocent until proven guilty.
At this point, we don’t know whether the accuser will appear before the committee.
After all that Judge Kavanaugh, his family, Congress, and We the People have been put through by these last-minute allegations, the committee should consider issuing a subpoena to compel her appearance.