Nomination of Brett Kavanaugh
Floor Speech
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Mr. SCHUMER. Madam President, in the confirmation of any Supreme Court nominee, it is the Senate's job to carefully and thoroughly review the nominee's credentials, beliefs, background, and suitability for the position. Once confirmed, a Supreme Court Justice is not subject to review or to term limits. It is a lifetime appointment with immense responsibilities and powers. We have to examine any Supreme Court nominee in light of those facts.
Dr. Christina Blasey Ford has come forward with a credible allegation that Judge Kavanaugh is guilty of sexual misconduct. I believe her, but regardless of what you believe, she deserves to be heard in a deliberate and impartial manner, in a way that is dignified and respectful to both sides and to her, with as much independently verified information gathered beforehand as possible. And now, of course, there are additional allegations about Judge Kavanaugh's actions that should be examined.
There is one simple way to get to the bottom of this without the he said, she said, without the finger-pointing and name-calling: a quiet, serious, thorough background check by the FBI. That is the logical way to go. The FBI is not biased. The FBI is professional. It is a crime to lie to them, so people have a large incentive to tell the truth.
Reopening an FBI investigation is a routine practice for judicial nominations. It has happened over and over again when new information has come up, and it only takes a short time to complete. It should be quiet, serious, and get the truth, the whole truth, and nothing but the truth.
If my Republican friends are so concerned about this process being chaotic, they should want the FBI to handle these allegations because the FBI can conduct this investigation soberly, effectively, and discreetly. In fact, there is really only one way to get to the bottom of these allegations and prevent the Nation from being thrown into further turmoil--an independent background check by the FBI. On the one hand, our Republican colleagues decry the turmoil, but on the other hand, they avoid the careful, best, serious way to get at the allegations--a background check investigation by the FBI.
For some reason, both the White House and Senate Republicans are blocking an FBI investigation and questioning its purpose. Let me ask our Republican friends, President Trump, and America this question: If President Trump and Senate Republicans are so certain the allegations against Judge Kavanaugh aren't true, why aren't they welcoming the FBI to look into it?
Leader McConnell, you spent 5 minutes pointing your finger at Democrats. That shows someone who is in a pickle. That shows someone who has dug a deep hole. If you really believe these allegations are part of a despicable smear job, Leader McConnell, why don't you call for an FBI investigation? What are you afraid of? What are you hiding?
What is Judge Kavanaugh hiding? Nobody knows. But people who want the truth will find a truth teller. People who don't want the truth will run away from a truth teller and instead point fingers of accusation and wild, untethered allegations. That is what Leader McConnell is doing. It is not a great moment. I know he prizes his role in ramming through these rightwing Justices. That is part of his legacy. I don't think America will see it that way a few years from now when we see their rulings. There will be a huge backlash if Kavanaugh should get on the Court and they should rule the way they have ruled in the past. But that is not the search for truth; that is the search for a rush job to avoid the truth. It should not happen.
Think about it. The White House is blocking an impartial investigation of Dr. Ford's allegation. Chairman Grassley is setting arbitrary deadlines for Dr. Ford to testify, dictating the terms of her appearance, and denying her and the minority the right to call other witnesses, which always happens at hearings, including an alleged eyewitness. There was someone in the room. By press reports, he is backing up Kavanaugh. Why are they afraid to have him testify? Or at least he is saying he doesn't remember.
We are hearing that Chairman Grassley now wants to bring in outside counsel to conduct the questioning, as if Dr. Ford were on trial, as if Republicans were afraid to question Dr. Ford. This is so unusual, but it shows a fear on the part of our Republican friends that something bad and truthful will come out.
If Chairman Grassley and Leader McConnell continue down this road, we are heading for a hearing that will be far from what a serious factfinding inquiry should look like, far from respectful to Dr. Ford, and far from fair.
Given the circumstances, the American people should ask--particularly those who support Judge Kavanaugh--who is more credible: Dr. Ford, who wants the FBI to investigate her allegation because she is confident it will corroborate her account, or our Republican friends who are running away from any objective factfinding and truth?
Remember, it is Dr. Ford who not only wants the FBI to look into this, she took a voluntary lie detector test, and she knew she was inviting harassment and ridicule and abuse for coming forward. She has gotten death threats. She has had to move out of her house. She feared her life would be upended, and it is. She still had the courage to do this. We certainty owe her some dignity and a fair hearing, not the kind of rushed, almost kangaroo court-style hearing where the Members on the Republican side are afraid to even ask her questions and confront her while they will say things behind her back.
Who is more credible? Is it Dr. Ford, who is willing to submit to all this, or Republicans in the White House, who are stonewalling an FBI investigation into facts and who are refusing to call other witnesses to Dr. Ford's hearing, including the alleged eyewitness? Republicans or Democrats? There is an easy, easy answer to all of these. So when Leader McConnell rails and rants about Democrats, he is setting up a straw man. He is afraid of what might come out, what the truth is, it seems to me.
We have heard Judge Kavanaugh's defenders say: This happened 36 years ago; it shouldn't matter. We have heard new, tortured formulations of that shopworn excuse that boys will be boys. I don't agree with any of those voices, any of those excuses, but let me address those who think that, people who think: This was a long time ago. Boys did this. Let's not hold someone accountable for it 30 years later, or at least let's not stop his advancement in his career.
One obvious answer is, it is the Supreme Court. But I would ask those who believe that Kavanaugh is not being treated fairly to examine one more point: his credibility. Whether you think what happened 36 years ago is enough to remove him from consideration of the Supreme Court, as I do, or whether you don't, credibility of a Supreme Court nominee is extremely important.
Judge Kavanaugh has unequivocally denied this. He didn't say, like Mr. Judge, ``I can't remember. Maybe I had too many to drink, and my recollection isn't great''; he unequivocally denied it. And this comes on top of the fact that Judge Kavanaugh's testimony had real issues with credibility. Is Judge Kavanaugh again denying the truth because his confirmation to the U.S. Supreme Court hangs in the balance? The credibility of Judge Kavanaugh, given his previous testimony, given how he skirted the truth, at the very minimum, on issues such as appointment of certain judges, on torture, on Manny Miranda--and now he says this, an unequivocal denial?
Let's assume that after the testimony of Dr. Ford, most Americans believe it to be true. How would we want to appoint Judge Kavanaugh-- because he would have abjectly lied--if they believe it is true?
So there is the issue of credibility. Beyond the weight that different people give what happened 30-some-odd years ago, beyond the weight of whether people excuse or don't excuse the behavior--I don't excuse it--is the issue that looms: credibility. Is Judge Kavanaugh the kind of upright, straightforward individual we want on the Bench? Do his flirtations with avoiding the truth in his testimony--is this just another, even worse indication that he does not have the judgment, the moral character, the credibility for a job that requires all three?
In summation, in the face of multiple allegations against Judge Kavanaugh, the FBI should reopen the background check investigation, and we should conduct a hearing where the appropriate witnesses are called and respect is given to both the accuser and the accused. Anything less will be viewed by the American people and I believe judged by history as a stain on Republicans in the Senate and a stain on the integrity of the majesty of the Supreme Court.
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