Fox News "The Story" - Transcript: Sen. Kennedy: There Are No 'Winners' in Kavanaugh Process

Interview

Date: Oct. 5, 2018
Issues: Judicial Branch

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HENRY: Here now, Republican Senator John Kennedy from Louisiana. He sits on the Senate Judiciary Committee, of course. Good evening, sir.

SEN. JOHN KENNEDY, R-LA, SENATE JUDICIARY COMMITTEE: Good evening, Ed.

HENRY: Last week, you call this an intergalactic freak show. Where are we tonight?

KENNEDY: It's an intergalactic freak show on steroids.

HENRY: Why do you -- why do you say that? Because he's finally -- we think being confirmed, unless there's some other big surprise.

KENNEDY: Yes, and I'm very pleased. But, there are no winners. I'll bet you this time, Judge Kavanaugh, this time tomorrow night, Judge Kavanaugh, who I think will be confirmed and I'm very pleased. He won't feel like a winner.

I bet Dr. Ford and her family will not feeling like a winner. And it all could have been avoided if Senator Feinstein had just turned over Dr. Ford's anonymous note request for confidentiality to us. We could've investigated without the intergalactic freak show.

HENRY: Well.

KENNEDY: And it's -- and it's very, very sad but there are no winners.

HENRY: Well, speaking of Senator Feinstein, your chairman Republican Chuck Grassley this morning on Fox and Friends, did not name her, but he suggested that Democrats perhaps, had been trying to coach witnesses to provide testimony against Judge Kavanaugh. Listen to what he had to say.

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HENRY: You saw that FBI report. What is he referring to?

KENNEDY: I can't speak about it, either. I wish I could. I think it's a huge mistake not to release the FBI report. I trust the American people or draw their own conclusions. It show -- it show -- it --

(CROSSTALK)

HENRY: Well, you're tantalizing us more. Pardon me one second.

KENNEDY: Sure.

HENRY: Because Dianne Feinstein who had been calling for transparency earlier in this process. I noticed in the last couple of days, she keeps saying, "We need to keep this FBI report confidential." Is that because Democrats don't want us to see something?

KENNEDY: Well, I disagree with her. I agree with Senator Grassley's comments. Under the law, we can't talk about the details. I wish we could. I will say that it's clear to me now more than ever that there was a lot of politics involved in this.

FBI interviewed every one of the witnesses suggested by Ms. Ramirez and Dr. Ford. Not a single one corroborated the allegations. And there were some indications of politics. And I think, we're making a mistake not to allow the American people to see this report and Judge for themselves. I trust them.

HENRY: Yes. Now, you said also in recent days that Congress has hit rock bottom and keeps on digging.

KENNEDY: Yes.

HENRY: I don't know if you were referring to this, but the House Democratic Leader Nancy Pelosi, basically compared Judge Kavanaugh to a dictator. Listen.

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HENRY: How do you react to that?

KENNEDY: I probably shouldn't say this, but I'm going, to be frank. Billy goat brain, mockingbird mouth.

HENRY: Wow.

KENNEDY: That's just typical, that's symbolic of all that's going on. And it didn't have to be this way. But there's some high points, I guess. I'm so pleased that --

(CROSSTALK)

HENRY: Such as what? Let's give a positive thing. So, what do you think is positive to that?

KENNEDY: Sure. I'm so pleased that Judge Kavanaugh, I think, is going to be confirmed. I'm so pleased that due process still matters in America. I'm so pleased that there is more awareness about sexual violence in this country because it's real. It's absolutely real.

HENRY: In fact, you said the other day, there is no room in this country for creepy old men or creepy young men. But you said this is also not a country, this is not America without innocent until proven guilty.

KENNEDY: That's right. I mean, some of my colleagues have advanced the idea that you're morally tainted if you don't automatically believe the accuser.

HENRY: Yes.

KENNEDY: And that -- that's wrong. That's un-American. You're morally tainted if you don't treat both the accuser and the accused with fairness and with respect, and with due process.

(CROSSTALK)

HENRY: So, you -- yes, go ahead.

KENNEDY: But this process -- I mean, finally, we decided we that people were going to have due process, but in terms of the whole episode, if our founders could have envisioned confirmation being like this, a couple probably would have stuck with King George. It's been an embarrassment.

HENRY: That's something that I want to push back on something you're obviously happy that Judge Kavanaugh is likely to become Justice Kavanaugh. But there might be an asterisk.

KENNEDY: Yes. And I can give you a great Justice.

HENRY: There are -- there may be an asterisk if you listen to Democrats. And retired Justice John Paul Stevens had this to say about his temperament. Listen.

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HENRY: So, I understand that you and others have said, look, he was accused, he says falsely of rape and other things. So, that's why he lost his cool. But even Judge Kavanaugh admitted in this Wall Street Journal op-ed today, he might have gone too far, sir.

KENNEDY: Look, Justice Stevens, is title to his opinion. This is America. But what I saw from Judge Kavanaugh at the hearing was a human being, responding to being called rich, lying, drunk, sexual predator, and he responded, he was offended on behalf of himself, his reputation, his spouse, his parents, his 13-year-old, and his 10-year-old.

And I saw a human being responding to wild accusations that he hated women, he hated children, he hated little warm puppies, and he was evil. This thing -- this thing would be over the top if some people believed in a top.

HENRY: Senator, I've got less than a minute. You just heard John Roberts report a moment ago that people already on the Left saying that Susan Collins for voting for the judge is an apologist for rapists.

You had people accusing Judge Kavanaugh of being a rapist, he says falsely. How in the world do we pick up the pieces? What would be your advice to President Trump? We've got a midterm election that might be even nastier in the next few weeks. After that election, how do you pick up the pieces?

KENNEDY: I would say number one, we have to recognize that sexual violence is real in this country. And it is no country for creepy old men or young men or middle-aged men, but it is no country at all without due process.
And people have the right to defend themselves. And no one is guilty until proven innocent. You're innocent until proven guilty.

HENRY: Senator John Kennedy, he has been out front throughout this process. We appreciate you coming in live tonight, sir.

KENNEDY: Thank you

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