McCarthy NAILS It: Why The Kavanaugh Hit Job is a "Set-Up"

National Review columnist and legal expert Andrew McCarthy explains why the hit job on Supreme Court nominee Brett Kavanaugh is a total “set-up:”

In my column yesterday, I contended that the unverifiable sexual-assault allegation against Judge Brett Kavanaugh bore “all the hallmarks of a set-up.” I based that assessment on the patently flimsy evidence, coupled with Senate Democrats’ duplicitous abuse of the confirmation-hearing process. To repeat myself:

If the Democrats had raised the allegation in a timely manner, its weakness would have been palpable, it would have been used for what little it’s worth in examining Kavanagh during his days of testimony, it would be put to rest as unverifiable, and we’d be on to a confirmation vote. Instead, we’re on to a delay — precisely the Democrats’ objective. They want to slow-walk Kavanaugh’s confirmation vote until after the midterms, in the hopes that they swing the Senate in their favor and have the numbers to defeat the nomination.

Well, whaddaya know: Late last night, the partisan Democratic attorneys retained by the putative victim, Christine Blasey Ford, delivered a letter to Senator Chuck Grassley (R., Iowa), the Judiciary Committee chairman, contending that before any hearing at which she is summoned to testify takes place, there must be a “full investigation by law enforcement officials [to] ensure that the crucial facts and witnesses in this matter are assessed in a non-partisan manner.”

McCarthy then gets right to the heart of the matter:

Four points, to state the obvious.

First, in no case does even the most sympathetic, convincing victim of a crime get to dictate the terms of the investigation.

Second, in any sexual-assault investigation, an interview of the alleged victim is among the first things that must be done. Here, moreover, it would be the first thing, since after 36 years a forensic investigation is not possible. Because the alleged victim’s version of events would dictate the course of the rest of the investigation, it would be absurd to delay an interview.

Third, as long as Ford’s counsel want to talk about regular, independent investigations, we should note that there is not a police organization in America that would entertain her allegation, in light of the lapse of time and the long-ago exhaustion of the statute of limitations. Professional investigators understand only too well the inherent unreliability of allegations raised in the manner Ford’s have been raised. The only relevance of this alleged incident is to a Senate function, so it is for the Senate committee to decide how to proceed.

Fourth, as Ford’s lawyers well know, in our adversary system, we do not submit disputes to a team of independent expert investigators. We have advocates for each side — partisans — make the case as well as it can be from their side’s perspective, and we let the other side attack with all its partisan might. We allow each side to examine the other’s witnesses. Based on this often heated clash, we expect that members of the public will be able to figure out what information is reliable, what is nonsense, and what the truth is. That is the process we use for deciding life-and-death criminal sentences, as well as civil judgments that can be financially ruinous. We have used it for centuries because it works.

It is fashionable throat-clearing at this point to offer some vertiginous, ostentatiously sympathetic twaddle about how Professor Ford is credible in the sense that she truly believes what she has claimed, yet mistaken about . . . well . . . everything that matters. Sorry, I’m a simple man. What’s happening here is pure BS.

Andrew McCarty concludes by saying that the Senate Judiciary committee should delay no longer.

If Kavanaugh’s accuser does not accept the invite to appear in front of the committee on Monday by noon today, they should hold the confirmation vote.

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