Rob McKenna on the political battlefield around the Kavanaugh decision

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Christine Blasey Ford was the first of a three women to accuse Supreme Court nominee Brett Kavanaugh of sexual misconduct, including assault. Julie Swetnick is the latest accuser, alleging incidents of gang rape involving the candidate.

A Senate committee is now charged with considering the allegations amid a confirmation hearing for Kavanaugh. Blasey Ford testified Thursday morning, relating her allegation that Kavanaugh and his friend Mark Judge attempted to rape her when they were teenagers.

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As the hearing proceeds, there is a lot at stake for alleged victims, Kavanaugh, and their families. Former Washington State Attorney General Rob McKenna said there are also other consequences being considered by politicians.

“It’s tough for the senators on both sides of the aisle because the Democrats are at risk of looking like they are politicizing something very bad that happened to these women, and the Republicans are at risk of looking like they are insensitive and ignoring evidence, and the strongly conflicting statements…” McKenna said.

There is no statute of limitations for the alleged crime. Standards for criminal cases are very high – beyond a reasonable doubt. That may not be met in Blasey Ford’s case, McKenna said. But what is happening is not a criminal case. It’s a Supreme Court confirmation hearing. The outcome won’t be punitive, it will be political, he argues. Beyond the allegations, there is a larger political battle at play.

“The standard here is essentially political,” McKenna said. “It’s a judgment call for these senators to make.”

“The difficulty for the Democrats is that they’ve all made it clear they weren’t going to vote for (Kavanaugh) as soon as he was announced,” he said. “So for them to say this is the reason (they aren’t voting for him) is classic after-the-fact reasoning.”

“The Republicans are taking a risk, if they vote to confirm now … they have to basically, by their votes, say ‘we don’t believe these women,’ or ‘we don’t believe it matters enough to deny him the confirmation even if there is some possibility that some of the information is true, or all of it is true.’”

Looming outside the hearings is another contentious political battlefield — the 2018 midterm elections. Democrats are fighting for votes to gain control of the House and Senate — removing political power from the Republicans and providing some resistance to President Trump. The Republicans, however, are fighting to maintain their dominance in Washington D.C. If a there is a shakeup of power, that could threaten Republicans’ ability to place a conservative judge on the Supreme Court.

“Frankly, if it weren’t for the pending midterm elections, (Republicans) would have already pulled the plug and brought in the next candidate because there is a deep bench of Conservative legal talent that would include people who could be confirmed,” McKenna said. “For example, women jurists. If it weren’t for the election, that’s probably what they would do. But they are worried about losing their window of opportunity here if the Senate flips.”

“This is a sign we put way too much emphasis on the Supreme Court,” he added. “It’s become too much of an important decision. As important as the court is, it’s a sign that the legislative branch is weaker than it should be.”

Below is my correspondence to Mr. Davis of moments ago, together with a sworn declaration from my client. We demand an immediate FBI investigation into the allegations. Under no circumstances should Brett Kavanaugh be confirmed absent a full and complete investigation. pic.twitter.com/QHbHBbbfbE

— Michael Avenatti (@MichaelAvenatti) September 26, 2018

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