Or download the MP3
- The events involved in the accusations happened a long time ago: It would be nice if everyone had a photographic memory of everything that ever happened to them but we don’t. Memory is fallible, and as much as we would like to believe Ford, you do have to take into account that it was 36 years ago. Also if he was a true predator you would expect more recent accusations.
- There are no contemporaneous witnesses: As far as I know there is no one (with either of the accusations) who is willing to come forward and say, I remember Ford telling me about it at the time. Yes, if it happened, not telling anyone at the time is totally forgivable on Ford’s part, but it makes things less certain now.
- The 65 women who signed a statement in defense of Kavanaugh: You certainly can’t imagine something similar happening with Weinstein, so I’d be inclined to give it some weight, though I’m not sure how much. (A statement which really applies to all these points.)
- The stakes of the whole thing: I’ve talked in the past about how the Supreme Court might be considered the true power in the United States, and given that Kavanaugh is likely to be more conservative than Kennedy, this hearing may be as consequential as a presidential election. And if Roe v. Wade is overturned (I don’t think it will be.) Then it would be more consequential. Lying about sexual assault is a rare and extraordinary act, but this is a rare and extraordinary situation.
- The vast majority of sexual assault allegations are true: It’s estimated that false rape allegations make up only 2% to 10% of all allegations. Now that’s rape, not sexual assault, but I assume the numbers (which in any case aren’t incredibly precise) are similar.
- Ford has sworn statements from people who say she told them about Kavanaugh’s assault before the nomination: three women and Ford’s husband have signed sworn statements saying they remember her mentioning the assault. The first instance of this was in 2012.
- The enormous cost of coming forward: Ford has suffered numerous death threats and had to go into hiding. I imagine (particularly if Kavanaugh is not confirmed) that this vitriol will continue for many years.
- Circumstantial evidence: Alcohol and partying seemed to be a big part of Kavanaugh’s life. Lots of people have in particular pointed at his statement in his high school yearbook with all sorts of references to drinking and sex. This apparently continued into college. Finally he was a clerk for Kozinski who was embroiled in his own scandal recently and ended up resigning.
- < 1%
- Merrick Garland
- Bill Clinton’s various sex scandals and the lack of any consequences
- Bush v. Gore
- The Bork Nomination
- Roe v. Wade
But wait. Meanwhile, in Minnesota, Democratic Congressman Keith Ellison is currently favored to be elected as the state’s next attorney general despite ex-girlfriend Karen Monahan’s allegations of sustained “emotional and physical abuse.” One poll shows that, while 42 percent of Republicans believe Monahan, only 5 percent of Democrats do.