Call for Peace

In the Name of Allah,

the Most Gracious, and the Most Merciful

بسم اللہ الرحمٰن الرحیم

Supreme Court

JUDGE BRETT M. KAVANAUGH, NOMINATED TO BE AN ASSOCIATE JUSTICE OF THE SUPREME COURT

Senate Judiciary Committee

Hearing on the Nomination of

Brett M. Kavanaugh

On

SEPTEMBER 27, 2018

Questions and Answers

Judge Brett M. Kavanaugh

Brothers and Sisters!

Assalam o Alleyykum!

As below are the Questions by the Senate Committee and answers by Judge Brett M Kavanaugh:

Before we start questions, I won’t repeat what I said this morning but we’ll do it the same way as we did for Dr. Ford. And five-minute rounds. And so we will start with Ms. Mitchell.

MITCHELL: Good afternoon, Judge Kavanaugh. We have not met. My name is Rachel Mitchell.

I’d like to go over a couple of guidelines for our question-and-answer session today. If I ask a question…

KAVANAUGH: Yes, I’m ready.

MITCHELL: OK. If I ask a question…

KAVANAUGH: Thank you.

MITCHELL: If I ask a question that you do not understand, please ask me to clarify it, or ask it in a different way. I may ask a question where I incorporate some information you’ve already provided. If I get it wrong, please correct me. I’m not going to ask you to guess. If you do estimate, please let me know you’re estimating.

Now, I want to make sure that all of the committee members have gotten a copy of the definition of sexual behaviour.

GRASSLEY: Yes, at least I have one.

MITCHELL: OK.

GRASSLEY: Yeah.

MITCHELL: And you have that, as well, Judge Kavanaugh?

KAVANAUGH: Yeah.

MITCHELL: OK. First of all, have you been given or reviewed a copy of the questions that I will be asking you?

KAVANAUGH: No.

MITCHELL: Has anyone told you the questions that I will be asking you?

KAVANAUGH: No.

MITCHELL: I want you to take a moment to review the definition that’s before you of sexual behaviour.

MITCHELL: Have you had a chance to review it?

KAVANAUGH: I have. I may refer back to it, if I can?

MITCHELL: Yes, please.

I’d like to point out two specific parts. Among the examples of sexual behaviour, it includes rubbing or grinding your genitals against somebody, clothed or unclothed. And I would also point out that the definition applies whether or not the acts were sexually motivated or, for example, horseplay. Do you understand the definition I have given you?

KAVANAUGH: I do.

MITCHELL: And again, if at any time you need to review that, please — please let me know.

Dr. Ford has stated that somewhere between five or six people were present at the gathering on this date: you, Mark Judge, Leland Ingham — at the time, or Leland Keyser now, Patrick P.J. Smyth, Dr. Ford and — and an unnamed boy. Do you know Mark Judge?

KAVANAUGH: I do.

MITCHELL: How do you know him?

KAVANAUGH: He was a friend at Georgetown Prep, starting in ninth grade. He’s a — someone we would — in our, you know, group of friends. We’re a very friendly group in class. He saw the letter that’s been sent by my friends from Georgetown Prep. Funny guy, great writer, popular, developed a serious addiction problem that lasted decades. Near death a couple times from his addiction. Suffered tremendously from.

MITCHELL: What is your relationship with him like now?

KAVANAUGH: I haven’t talked to him in a couple years. We’ve probably been on, you know, mass e-mails that — or, group e-mails that go around among my high school friends.

MITCHELL: And how did you know Patrick Smyth?

KAVANAUGH: Also ninth grade, Georgetown Prep. Went by P.J. then. He and I lived close to one another. Played football together, he was defensive tackle, I was the quarterback and wide receiver. We carpooled to school along with De Davis (ph) every year, the three of us for two years. I didn’t have a car, so one of the two of them would drive every day. And I’d be in the (ph), you know, they’d pick me up.

MITCHELL: What’s your relationship like with him now?

KAVANAUGH: He lives in the area. I see him once in a while. I haven’t seen him since this — this thing.

MITCHELL: OK. Do you know Leland Ingham or Leland Keyser?

KAVANAUGH: I — I know of her. And it — it’s possible I, you know, saw — met her in high school at some point at some event. Yes, I know — I know of her and, again, I don’t want to rule out having crossed paths with her in high school.

MITCHELL: Similar to your statements about knowing Dr. Ford?

KAVANAUGH: Correct.

MITCHELL: OK.

GRASSLEY: Senator Feinstein.

FEINSTEIN: Judge Kavanaugh, it’s my understanding that you have denied the allegations by Dr. Ford, Ms. Ramirez and Ms. Swetnick. Is that correct?

KAVANAUGH: Yes.

FEINSTEIN: All three of these women have asked the FBI to investigate their claims. I listened carefully to what you said. Your concern is evident and clear. And if you’re very confident of your position, and you appear to be, why aren’t you also asking the FBI to investigate these claims?

KAVANAUGH: Senator, I’ll do whatever the committee wants. I wanted a hearing the day after the allegation came up. I wanted to be here that day. Instead, 10 days passed where all this nonsense is coming out, you know, that I’m in gangs, I’m on boats in Rhode Island, I’m in Colorado, you know, I’m sighted (ph) all over the place. And these things are printed and run, breathlessly (ph) by cable news.

Observation:

[Evaded the question. Unnecessary reply]

You know, I wanted a hearing the next day. I — my family’s been destroyed by this, senator, destroyed.

FEINSTEIN: And — and I’m — and I’m very (ph)…

KAVANAUGH: And — and whoever wants — you know whatever the committee decides, you know, I’m — I’m — I’m all in.

FEINSTEIN: … But the question is…

Observation: JK did not let Senator finish the question.

KAVANAUGH: Immediately. I’m all in immediately.

FEINSTEIN: … No (ph). And the terrible and hard part of this is when we get an allegation, we’re not in a position to prove it or disprove it; therefore, we have to depend on some outside authority for it. And it would just seem to me, then, when these allegations came forward, that you would want the FBI to investigate those claims and clear it up once and for all.

KAVANAUGH: Senator, the committee investigates. It’s not for me to — to say how to do it. But just so you know, the FBI doesn’t reach a conclusion. They would give you a couple 302s that just tell you what we said.

Observation: Again evaded to answer.

So I’m here. I wanted to be here — I wanted to be here the next day. It’s an — it’s an outrage that I was not allowed to come and immediately defend my name, and say I didn’t do this, and give you all this evidence. I’m not even — I’m not even in D.C. on the weekends in the summer of 1982.

This happened on a weekday? Well, is (ph) it — when — when I’m not at a Blair High School for a summer league game, I’m not at Tobin’s house working out, I’m not at a movie with Suzanne? You know, I wanted to be here right away.

Observation: unnecessary talk. Wasting time of Senator of 5 Minutes.

FEINSTEIN: Well, the difficult thing is that it — the — these hearings are set and — set by the majority. But I’m talking about getting the evidence and having the evidence looked at. And I don’t understand — you know, we hear from the witnesses. But the FBI isn’t interviewing them and isn’t giving us any facts. So all we have…

KAVANAUGH: You’re interviewing me.

Observation: Does not reply the question. Evading the question.

FEINSTEIN: … is what they say.

KAVANAUGH: You’re interviewing me. You’re — you’re doing it, senator. I’m sorry to interrupt…

Observation: Did not let the Senator complete the question

FEINSTEIN: Well…

KAVANAUGH: … but you’re doing it. That’s — the — the — there’s no conclusions reached.

Observation: Did not let the Senator complete the question

FEINSTEIN: … And — and what you’re saying, if — if I understand it, is that the allegations by Dr. Ford, Ms. Ramirez and Ms. Swetnick are — are wrong?

KAVANAUGH: Yes, that — that is emphatically what I’m saying; emphatically. The Swetnick thing is a joke. That is a farce.

Observation: saying emphatically by the defendant is not acceptable in the court of law.

FEINSTEIN: Would you like to say more about it?

KAVANAUGH: No.

FEINSTEIN: OK.

(LAUGHTER)

FEINSTEIN: OK. That’s it. Thank you, Mr. Chairman.

Observation: Judge Kavanaugh used Senator’s 5 minutes with irrelevant talk as it did not relate to the subject matter i.e. investigation by FBI.

GRASSLEY: OK. Ms. Mitchell.

MITCHELL: Dr. Ford has described you as being intoxicated at a party. Did you consume alcohol during your high school years?

KAVANAUGH: Yes, we drank beer. My friends and I, the boys and girls. Yes, we drank beer. I liked beer. Still like beer. We drank beer. The drinking age, as I noted, was 18, so the seniors were legal, senior year in high school, people were legal to drink, and we — yeah, we drank beer, and I said sometimes — sometimes probably had too many beers, and sometimes other people had too many beers.

MITCHELL: What do you…

Observation: Judge Kavanaugh did not let Ms Mitchell finish the question.

KAVANAUGH: We drank beer. We liked beer.

Observation: Irrelevant interruption. He already told that he and his friends drank bear.

MITCHELL: What do you consider to be too many beers?

KAVANAUGH: I don’t know. You know, we — whatever the chart says, a blood-alcohol chart.

Observation: He should have known that after how many drinks he started to feel where he should not have any more drinks. By referring to ‘Blood – alcohol chart’ he avoided to answer the question.

MITCHELL: When you talked to Fox News the other night, you said that there were times in high school when people might have had too many beers on occasion. Does that include you?

KAVANAUGH: Sure.

MITCHELL: OK. Have you ever passed out from drinking?

KAVANAUGH: I — passed out would be — no, but I’ve gone to sleep, but — but I’ve never blacked out. That’s the — that’s the — the allegation, and that — that — that’s wrong.

Observation:

• Intoxicants have attributes to decide to affect the mind when the drinker is to be ‘Blacked Out’. The drinker cannot command the intoxicant how it should affect his mind.
  

• Judge Kavanaugh used the concept ‘Sleep’. The drinker goes to sleep when he is ‘Blacked Out’ because he does not remain in control of his mind.
  

• He added:
  

that’s the — the allegation, and that

— that — that’s wrong.

• This statement is irrelevant to answer to the question. Presumably he is referring to the allegation of Sexual Assault.
  

MITCHELL: So let’s talk about your time in high school. In high school, after drinking, did you ever wake up in a different location than you remembered passing out or going to sleep?

KAVANAUGH: No, no.

MITCHELL: Did you ever wake up with your clothes in a different condition, or fewer clothes on than you remembered when you went to sleep or passed out?

KAVANAUGH: No, no.

MITCHELL: Did you ever tell — did anyone ever tell you about something that happened in your presence that you didn’t remember during a time that you had been drinking?

KAVANAUGH: No, the — the — we drank beer, and you know, so — so did, I think, the vast majority of — of people our age at the time. But in any event, we drank beer, and — and still do. So whatever, you know.

Observation: This is not answer to the question.

MITCHELL: During the time in high school when you would be drinking, did anyone ever tell you about something that you did not remember?

KAVANAUGH: No.

MITCHELL: Dr. Ford described a small gathering of people at a suburban Maryland home in the summer of 1982. She said that Mark Judge, P.J. Smyth and Leland Ingham also were present, as well as an unknown male, and that the people were drinking to varying degrees. Were you ever at a gathering that fits that description?

KAVANAUGH: No, as I’ve said in my opening statements — opening statement.

Observation: The simple answer would have been just No. It was irrelevant to refer to opening statement. However, if he referred to opening statement he should have repeated it

MITCHELL: Dr. Ford described an incident where she was alone in a room with you and Mark Judge. Have you ever been alone in a room with Dr. Ford and Mark Judge?

KAVANAUGH: No.

MITCHELL: Dr. Ford described an incident where you were grinding your genitals on her. Have you ever ground or rubbed your genitals against Dr. Ford?

KAVANAUGH: No.

MITCHELL: Dr. Ford described an incident where you covered her mouth with your hand. Have you ever covered Dr. Ford’s mouth with your hand?

KAVANAUGH: No.

MITCHELL: Dr. Ford described an incident where you tried to remove her clothes. Have you ever tried to remove her clothes?

KAVANAUGH: No.

MITCHELL: Referring back to the definition of sexual behaviour that I have given you, have you ever, at any time, engaged in sexual behaviour with Dr. Ford?

KAVANAUGH: No.

MITCHELL: Have you ever engaged in sexual behaviour with Dr. Ford, even if it was consensual?

KAVANAUGH: No.

Observation:

• The answer ‘No’ implies that he was with Dr Ford and he did not do anything with her.
  

• As Judge Kavanaugh proclaims that he was not at the party then the answer should have been ‘Not Applicable’.
  

MITCHELL: I want to talk about your calendars. You submitted to the committee copies of the handwritten calendars that you’ve talked about for the months of May, June, July and August of 1982. Do you have them in front of you?

KAVANAUGH: I do.

MITCHELL: Did you create these calendars, in the sense of all the handwriting that’s on them?

KAVANAUGH: Yes.

MITCHELL: OK. Is it exclusively your handwriting?

KAVANAUGH: Yes.

MITCHELL: When did you make these entries?

KAVANAUGH: In nine — in 1982.

MITCHELL: Has anything changed — been changed for those since 1982?

KAVANAUGH: No.

MITCHELL: Do these calendars represent your plans for each day, or do they document — in other words, prospectively, or do they document what actually occurred, more like a diary?

KAVANAUGH: They’re both forward-looking and backward-looking, as you can tell by looking at them, because I cross out certain doctor’s appointments that didn’t happen, or one night where I was supposed to lift weights, I crossed that out, because it — I obviously didn’t make it that night. So you can see things that I didn’t do crossed out in retrospect, and also, when I list the specific people who I was with, that is likely backward-looking.

MITCHELL: You explain that you kept these calendars because your father started keeping them in 1978, I believe you said. That’s why you kept them. In other words, you wrote on them. But why did you keep them up until this time?

KAVANAUGH: Well — well, he’s kept them, too, since 1978, so he’s a good role model.

GRASSLEY: Ms. Mitchell, you’ll have to stop.

MITCHELL: Oh, I’m sorry.

GRASSLEY: Judge Kavanaugh has asked for a break, so we’ll take a 15-minute break.

(RECESS)

GRASSLEY: Just waiting for you, Diane.

FEINSTEIN: Sorry.

GRASSLEY: Don’t — don’t apologize, you…

(CROSSTALK)

GRASSLEY: Senator Leahy?

LEAHY: Thank you, Mr. Chairman.

Judge, you said before, and again today, that Mark Judge was a close friend of yours in high school. Now Dr. Ford, as you know, has said that he was in the room when she was attacked. She also says you were, too.

Unfortunate (ph) that (ph) the FBI has never interviewed him. We might (ph) be able to have his attendance here. The chairman refuses to call him.

If she’s saying Mark Judge was in the room then, then he should be in the room here today. Would you want him called as a witness?

KAVANAUGH: Senator, this allegation came into the committee…

Observation: Judge Kavanaugh evaded answering the question by referring to the allegations where he was interrupted by the Senator.

LEAHY: No, I’m just asking the question. Would you want him to be here as a witness?

KAVANAUGH: He’s — he’s already provided sworn testimony to the committee. This allegation’s been hidden by the committee…

Observation: Again Judge Kavanaugh evading to answer the question that Mark Judge has provided the sworn testimony and then referring to that allegations were hidden which is irrelevant answer to the question.

LEAHY: Now, well (ph)…

(CROSSTALK)

KAVANAUGH: … by — by members of the…

LEAHY: … it hasn’t been — it has not been investigated by the FBI. The committee has refused to allow it to be.

KAVANAUGH: It was dropped on (ph)…

(CROSSTALK)

KAVANAUGH: … it was sprung.

LEAHY: It was not investigated by the FBI, and he has not been called where he might be under oath.

KAVANAUGH: Should have been handled in the due course, Senator.

Observation: In short, Judge Kavanaugh did not want Mark Judge to be investigated by FBI.

(CROSSTALK)

KAVANAUGH: When he came in.

LEAHY: I would — I would disagree with that. I’ve been on this committee 44 years, both Republicans and Democrats. I’ve never seen somebody that critical and not allowed to be here to — called to be testified or on (ph) FBI background.

But let me ask…

(CROSSTALK)

KAVANAUGH: You see (ph) he’s provided sworn testimony and the…

Observation: Again Judge Kavanaugh does not want Mark Judge to be investigated and referring that he has provided sworn testimony.

LEAHY: He has — he has not…

KAVANAUGH: … Senator — Senator, let me — let me finish. He — the — the allegation came in weeks ago and nothing was done with it by the ranking member.

And then it’s sprung on me…

Observation: Again Judge Kavanaugh is saying irrelevant to the question i.e. Mark Judge’s investigation by FBI. In other words wasting 5 minutes of Senator’s time.

LEAHY: Judge Kavanaugh, I’ve heard your — your line (ph) and you state it over and over again. And I have that well in mind. But let me ask you this. He authored a book titled, “Wasted: Tales of a Genx Drunk.” He references a Barthold (ph) Kavanaugh vomiting on someone’s car during Beach Week and then passing out. Is that you that he’s talking about?

KAVANAUGH: Senator, Mark Judge was…

LEAHY: To your knowledge, is that you that he’s talking about?

KAVANAUGH: I’ll explain it if you let me.

LEAHY: Proceed, please.

KAVANAUGH: Mark Judge was a friend of ours in high school who developed a very serious drinking problem, an addiction problem that lasted decades and was very difficult for him to escape from.

And he nearly died. And then developed — then he had leukaemia as well, on top of it.

Now, as part of his therapy — or part of his coming to grips with sobriety, he wrote a book that is a fictionalized book and an account….

(CROSSTALK)

KAVANAUGH: I think he picked out names of friends of ours to throw them in as kind of close to what — for characters in the book. So, you know, we can sit here…

LEAHY: So you don’t know — you don’t know whether that’s you or not?

KAVANAUGH: … we can sit here and you (ph) like (ph), make — make fun of some guy who has an addiction.

LEAHY: I’m not making…

(CROSSTALK)

KAVANAUGH: I don’t think that really makes — is really good…

LEAHY: … Judge Kavanaugh, I’m trying to get a straight answer from you under oath. Are you Bart (ph) Kavanaugh that he’s referring to, yes or no? That’s it (ph)…

KAVANAUGH: You’d have to ask him.

Observation:

• Judge Kavanaugh wasted Senator’s time with irrelevant talk to the subject matter.
  

• Judge Kavanaugh did not deny that:
  

a Barthold (ph) Kavanaugh vomiting on someone’s car during Beach Week and then passing out was him. Eventually he said:

You’d have to ask him.

• The simple answer should have been of the first question asked that it was not me. However, you have to ask Mark Judge who is this person.
  

LEAHY: Well, I agree with you there. And that’s why I wish that the chairman had him here under oath.

Observation: Senator Leahy should have asked Judge Kavanaugh that if there was any one other friend in his group whose name was Kavanaugh. Or in Mark Judge’s circle a person names Kavanaugh about whom Judge Kavanaugh was not aware of. If there was no other person in Judge Kavanaugh’s circle or Mark Judge’s circle then it must be Judge Kavanaugh mentioned in the book:

“Wasted: Tales of a Genx Drunk.”

Now, you’ve talked about your yearbook. In your yearbook, you talked about drinking and sexual exploits, did you not?

KAVANAUGH: Senator, let me — let me take a step back and explain high school. I was number one in the class…

LEAHY: And I — and I thought (ph)…

KAVANAUGH: … freshman — no, no, no, no, no.

LEAHY: I thought we were in the Senate (ph)…

KAVANAUGH: You’ve got this all — I’m going to — I’m going to talk about my high school…

LEAHY: … the (ph) whole (ph) question (ph).

I thought we were in the Senate (ph) filibuster (ph).

KAVANAUGH: … no, no.

GRASSLEY: Let him answer.

KAVANAUGH: I’m going to talk about my high school record, if you’re going to sit here and mock me.

Observation: Judge Kavanaugh is evasive of answering question directly.

GRASSLEY: We — we were — I think we were all very fair to Dr. Ford. Shouldn’t we be just as fair to Judge Kavanaugh?

(CROSSTALK)

KAVANAUGH: I busted my butt in academics. I always tried to do the best I could. As I recall, I finished one in the class, first in — you know, freshman and junior year, right at the top with Steve (ph) Clark (ph) and Eddie (ph) (inaudible), we were always kind of in the mix.

I — I played sports. I was captain of the varsity basketball team. I was wide receiver and defensive back on the football team. I ran track in the spring of ’82 to try to get faster. I did my service projects at the school, which involved going to the soup kitchen downtown — let me finish — and going to tutor intellectually disabled kids at the Rockville Library.

With the church — and, yes, we got together with our friends.

Observation: Judge Kavanaugh’s academic history is irrelevant in answer to question:

Now, you’ve talked about your yearbook. In your yearbook, you talked about drinking and sexual exploits, did you not?

LEAHY: Does this reflect what you are? Does this yearbook reflect your…

KAVANAUGH: I…

LEAHY: … focus on academics and your respect for women? That’s easy. Yes or no. You don’t have to filibuster the answer. Does it reflect your focus on academics…

(CROSSTALK)

KAVANAUGH: I already said the yearbook — in my opening statement. The yearbook, obviously…

GRASSLEY: Judge? Just wait a minute. He’s asked the question. I’ll give you time to answer it.

KAVANAUGH: The — the yearbook, as I said in my opening statement, was something where the students and editors made a decision to treat some of it as farce and some of as exaggeration, some of it celebrating things that don’t reflect the things that were really the central part of our school.

Yes, we went to parties, though. Yes, of course, we went to parties and the yearbook page describes that and kind of makes fun of it. And as a — you know, if we want to sit here and talk about whether a Supreme Court nomination should be based on a high school yearbook page, I think that’s taken us to a new level of absurdity.

Observation: Judge Kavanaugh did not answer the question by: ‘Yes’ or ‘No’. Had he answered the question by: ‘Yes’ or ‘No’ then the Senator would have asked other questions which may have been on his notes. It was complete waste of Senator’s 5 minutes.

LEAHY: Ms. Mitchell? Well, we got a filibuster but not a single answer.

GRASSLEY: Ms. Mitchell?

MITCHELL: Judge, do you still have your calendar — calendars there?

KAVANAUGH: I do.

MITCHELL: I would like you to look at the July 1st entry.

KAVANAUGH: Yes.

MITCHELL: The entry says — and I quote — “Go to Timmy’s (ph) for skis (ph) with Judge (ph), Tom (ph), P.J. (ph), Bernie (ph) and Squee (ph)”?

KAVANAUGH: Squee. That’s a nick…

MITCHELL: What does…

KAVANAUGH: … that’s a nickname.

MITCHELL: OK. To what does this refer, and to whom?

KAVANAUGH: So first, says “Tobin’s (ph) house workout”. So that’s one of the football workouts that we would have — that Dr. (inaudible) would run for guys on the football team during the summer.

So we would be there — that’s usually 6:00 to 8:00 or so, kind of — until near dark. And then it looks like we went over to Timmy’s — you want to know their last names too? I’m happy to do it.

MITCHELL: If you could just identify, is — is “Judge,” Mark Judge?

KAVANAUGH: It is.

MITCHELL: And is “P.J.,” P.J. Smith?

KAVANAUGH: It is.

So — all right. It’s Tim Gaudette (ph), Mark Judge, Tom Caine (ph), P.J. Smith, Bernie McCarthy (ph), Chris Garrett (ph).

MITCHELL: Chris Garrett is Squee?

KAVANAUGH: He is.

MITCHELL: Did you in your calendar routinely document social gatherings like house parties or gatherings of friends in your calendar?

KAVANAUGH: Yes. It — it certainly appears that way, that’s what I was doing in the summer of 1982. And you can see that reflected on several of the — several of the entries.

MITCHELL: If a gathering like Dr. Ford has described had occurred, would you have documented that?

KAVANAUGH: Yes, because I documented everything of those kinds of events, even small get-togethers. August 7th is another good example where I documented a small get-together that summer, so yes.

MITCHELL: August 7th. Could you read that?

KAVANAUGH: I think that’s go to Becky’s, Matt, Denise, Lori, Jenny (ph).

MITCHELL: Have you reviewed every entry that is in these calendars of May, June, July and August of 1982?

KAVANAUGH: I have.

MITCHELL: Is there anything that could even remotely fit what we’re talking about, in terms of Dr. Ford’s allegations?

KAVANAUGH: No.

MITCHELL: As a lawyer and a judge, are you — we’ve talked about the FBI. Are you aware that this type of offense would actually be investigated by local police?

KAVANAUGH: Yes, I mentioned Montgomery County Police earlier. Yes.

MITCHELL: OK. Are you aware that in Maryland, there is no statute of limitations that would prohibit you being charged, even if this happened in 1982?

KAVANAUGH: That’s my understanding.

MITCHELL: Have you, at any time, been contacted by any members of local police agencies regarding this matter?

KAVANAUGH: No, ma’am.

MITCHELL: Prior to your nomination for Supreme Court, you’ve talked about all of the female clerks you’ve had, and the women that you’ve worked with. I’m not just talking about them; I’m talking about globally. Have you ever been accused, either formally or informally, of unwanted sexual behaviour?

KAVANAUGH: No.

MITCHELL: And when I say informally, I mean just a — a female complains. It doesn’t have to be to anybody else but you.

KAVANAUGH: No.

MITCHELL: Since Dr. Ford’s allegation was made public, how many times have you been interviewed by the committee?

KAVANAUGH: It’s — it’s been a — three or four. I’m — I’m trying to remember now. It’s — it’s been several times. Each of these new things, absurd as they are, we’d get on the phone and kind of go through them.

MITCHELL: So have you submitted to interviews specifically about Dr. Ford’s allegation?

KAVANAUGH: Yes.

MITCHELL: And what about Deborah Ramirez’s allegation…

KAVANAUGH: Yes.

MITCHELL: … that you waved your penis in front of her?

KAVANAUGH: Yes.

MITCHELL: What about Julie Swetnick’s allegation that you repeatedly engaged in drugging and gang-raping, or allowing women to be gang-raped?

KAVANAUGH: Yes. Yes, I’ve been interviewed about it.

MITCHELL: Were your answers to my questions today consistent with the answers that you gave to the committee in these various interviews?

KAVANAUGH: Yes, ma’am.

MITCHELL: OK. I see I’m out of time.

GRASSLEY: Senator Durbin?

DURBIN: Thank you, Mr. Chairman.

Judge Kavanaugh, earlier today, Dr. Christine Ford sat in that same chair, and under oath, she said clearly and unequivocally that she was a victim of sexual assault at your hands. She answered our questions directly, and she didn’t flinch at the prospect of submitting herself to an FBI investigation of these charges. We know, and I’m sure she’s been advised by her attorneys, that a person lying to the FBI can face criminal prosecution.

You have clearly and unequivocally denied that you assaulted Dr. Ford. With that statement, you must believe that there is no credible evidence or any credible witness that could prove otherwise.

You started off with an impassioned statement at the beginning, and I can imagine, try to imagine what you have been through, and your family’s been through, and I’m sure I wouldn’t get close to it. But it was an impassioned…

(UNKNOWN): OK. I’m sure you wouldn’t.

Observation: Judge Kavanaugh did not let the Senator complete the question.

DURBIN: I’m sure I wouldn’t. It’s an impassioned statement. And in the course of it, you said, “I welcome any kind of investigation.” I quote you. I welcome any kind of investigation. I’ve got a suggestion for you: right now, turn to your left in the front row to Don McGahn, counsel to President Donald Trump. Ask him to suspend this hearing and nomination process until the FBI completes its investigation of the charges made by Dr. Ford and others, and goes to bring the witnesses forward, and provides that information to this hearing. I am sure that the chairman at that point will understand that that is a reasonable request to finally put to rest these charges, if they are false, or to prove them if they are not.

You spent two years in the White House office that approved judicial nominees. You turned to the FBI over, and over, and over again for their work. Let’s bring them in here and now. Turn to Don McGahn, and tell him it’s time to get this done. An FBI investigation is the only way to answer some of these questions.

(UNKNOWN): Senator…

GRASSLEY: Stop the — stop the clock.

This committee is — is running this hearing, not the White House, not Don McGahn, not even you as a nominee. We’re — we are here today because Dr. Ford asked for an opportunity to hear. I know you did too, as well, in fact, maybe even before she did.

We’re here because people wanted to be heard from charges that they all thought were unfair, or activities like sexual assault was unfair. So I want to assure Senator Durbin, regardless of what you say to Senator Don McGahn, we’re not suspending this hearing.

Proceed to answer the question, or so whatever — or to — if the gentleman…

Observation: Chairman supposed to be independent. Chairman did not let Judge Kavanaugh to reply to the suggestion that if Judge Kavanaugh would agree investigation by FBI.

DURBIN: I — I’ll just say this: If you, Judge Kavanaugh, turned to Don McGahn and to this committee and say, “For the sake of my reputation, my family name, and to get to the bottom of the truth of this, I am not going to stay — be an obstacle to an FBI investigation,” I would hope that all the members of the committee would join me in saying, “We’re going to abide by your witch — wishes, and we will have that investigation.”

KAVANAUGH: I — I welcome whatever the committee wants to do, because I’m telling the truth.

Observation: Again Judge Kavanaugh putting the ball in Committee’s court. Truth is determined by an independent authority and not by the plaintiff or defendant.

DURBIN: I want to know what you want to do.

KAVANAUGH: I — I’m telling the truth.

DURBIN: I want to know what you want to do, Judge.

KAVANAUGH: I’m innocent. I’m innocent of this charge.

DURBIN: Then you’re prepared for an FBI investigator…

KAVANAUGH: They don’t reach conclusions. You reach the conclusion, Senator.

DURBIN: No, but they do investigate questions.

KAVANAUGH: I’m — I’m innocent.

DURBIN: And you can’t have it both ways, Judge. You can’t say here at the beginning…

KAVANAUGH: I wanted a hearing.

DURBIN: (inaudible) your moment.

KAVANAUGH: Look, this thing…

DURBIN: I welcome any kind of investigation, and then walk away from this.

KAVANAUGH: This thing was sprung on me — this thing was sprung at the last minute after being held by staff. You know…

DURBIN: Judge, if there is no truth to…

KAVANAUGH: And I called for a — I called for a hearing immediately.

DURBIN: If there is no truth to her charges, the FBI investigation will show that. Are you afraid that they might not?

GRASSLEY: Come on. Gee, whiz.

KAVANAUGH: The FBI does not reach — you know. You know this is — you know that’s a phony question…

DURBIN: Well, here…

KAVANAUGH: … because the FBI doesn’t reach conclusions.

DURBIN: So let’s — let’s just…

KAVANAUGH: They just provide the 302s. 302s, so I can explain to people who don’t know what that is, they just going and do what you’re doing: ask questions and then type up a report. They don’t reach the bottom line conclusion. You…

Observation: Judge Kavanaugh is evading the charge should be investigated by FBI.

DURBIN: This morning — this morning, I asked Dr. Ford, I asked her about this incident where she ran into Mark Judge in Safeway, and she said, “Sure, I remember it.” Six or eight weeks after this occurrence.

Well, someone at The Washington Post went in and took a look at Mr. Judge’s book and has been able to — the one that he wrote about his addiction and his alcoholism — and they have narrowed it down, what they think was a period of time six or eight weeks after the event. And he would have been working at the Safeway at that point.

So the point I’m getting to is we at least can connect some dots here and get some information. Why would you resist that kind…

KAVANAUGH: Here’s some (ph) dots.

Observation: Again Judge Kavanaugh does not let the Senator finish the question.

DURBIN: … of investigation? Why would you resist that kind of investigation?

KAVANAUGH: Senator, I — I welcome — I wanted the hearing last week.

Observation: Again he does not want to agree that investigation should be conducted by FBI.

DURBIN: I’m asking about the FBI investigation.

KAVANAUGH: They’re — the committee figures out how to ask the questions, I’ll do whatever. I’ve been on the phone multiple times with committee counsel. I’ll talk to…

DURBIN: Judge Kavanaugh, will you support an FBI investigation…

KAVANAUGH: … I’ll do — I’ll…

DURBIN: … right now?

KAVANAUGH: … I — I will do whatever the committee wants to…

Observation: Judge Kavanaugh puts the ball in Committee’s court.

DURBIN: Personally, do you think that’s the best thing for us to do? You won’t answer?

KAVANAUGH: … Look, senator, I — I’ve — I’ve — I’ve said I wanted a hearing and I’d said I was welcome (ph) anything. I’m innocent. This thing was held — held when it could have been presented in the ordinary way. It could have been held and handled confidentially at first, which was what Dr. Ford’s wishes were as I understand it. It wouldn’t have caused this — like, destroyed my family like this — this effort has.

Observation: Irrelevant talk in relation to the subject matter.

DURBIN: I think an FBI investigation will help all of us on both sides of the issue.

GRASSLEY: Senator Graham asked for the floor. But before he does, it seems to me that if you want to know something, you’ve got the witness right here to — to ask him. And secondly, if you want an FBI report, you can ask for it yourself. I’ve asked for FBI reports in the past, in the 38 years I’ve been in the Senate.

Observation: The chairman has been biased again while he supposed to be independent.

But before he does, it seems to me that if you want to know something, you’ve got the witness right here to — to ask him

Senator Graham.

GRAHAM: Are you aware that at 9:23 on the night of July the 9th, the day you were nominated to the Supreme Court by President Trump, Senator Schumer said 23-minutes after your nomination, “I will oppose Judge Kavanaugh’s nomination with everything I have, I have (sic) a bipartisan — and I hope a bipartisan majority will do the same. The stakes are simply too high for anything less.” Well, if you weren’t aware of it, you are now.

Did you meet with Senator Dianne Feinstein on August 20th?

KAVANAUGH: I did meet with Senator Feinstein…

GRAHAM: Did you know that her staff had already recommended a lawyer to Dr. Ford?

KAVANAUGH: … I did not know that.

GRAHAM: Did you know that her and her staff had this — allegations for over 20 days?

KAVANAUGH: I did not know that at the time.

GRAHAM: If you wanted a FBI investigation, you could have come to us. What you want to do is destroy this guy’s life, hold this seat open and hope you win in 2020. You’ve said that, not me. You’ve got nothing to apologize for.

When you see Sotomayor and Kagan, tell them that Lindsey said hello because I voted for them. I would never do to them what you’ve done to this guy. This is the most unethical sham since I’ve been in politics. And if you really wanted to know the truth, you sure as hell wouldn’t have done what you’ve done to this guy.

Are you a gang rapist?

KAVANAUGH: No.

GRAHAM: I cannot imagine what you and your family have gone through.

Boy, you all want power. God, I hope you never get it. I hope the American people can see through this sham. That you knew about it and you held it. You had no intention of protecting Dr. Ford; none.

She’s as much of a victim as you are. God, I hate to say it because these have been my friends. But let me tell you, when it comes to this, you’re looking for a fair process? You came to the wrong town at the wrong time, my friend. Do you consider this a job interview?

KAVANAUGH: If (ph) the advice and consent role is like a job interview.

GRAHAM: Do you consider that you’ve been through a job interview?

KAVANAUGH: I’ve been through a process of advice and consent under the Constitution, which…

GRAHAM: Would you say you’ve been through hell?

KAVANAUGH: I — I’ve been through hell and then some.

GRAHAM: This is not a job interview.

KAVANAUGH: Yes.

GRAHAM: This is hell.

KAVANAUGH: This — this…

GRAHAM: This is going to destroy the ability of good people to come forward because of this crap. Your high school yearbook — you have interacted with professional women all your life, not one accusation.

You’re supposed to be Bill Cosby when you’re a junior and senior in high school. And all of a sudden, you got over it. It’s been my understanding that if you drug women and rape them for two years in high school, you probably don’t stop.

Here’s my understanding, if you lived a good life people would recognize it, like the American Bar Association has, the gold standard. His integrity is absolutely unquestioned. He is the very circumspect in his personal conduct, harbours no biases or prejudices. He’s entirely ethical, is a really decent person. He is warm, friendly, unassuming. He’s the nicest person — the ABA.

The one thing I can tell you should be proud of — Ashley, you should be proud of this — that you raised a daughter who had the good character to pray for Dr. Ford.

To my Republican colleagues, if you vote no, you’re legitimizing the most despicable thing I have seen in my time in politics. You want this seat? I hope you never get it.

I hope you’re on the Supreme Court, that’s exactly where you should be. And I hope that the American people will see through this charade. And I wish you well. And I intend to vote for you and I hope everybody who’s fair-minded will.

Observation:

• Senator Graham does not appear to have listened the soul of the testimony of Dr Ford and answers to the questions put to her by Ms Mitchell on behalf of the Republican Senators and by Democrat Senators.
  

GRASSLEY: Senator Whitehouse.

WHITEHOUSE: Should we let things settle a little bit after that?

GRASSLEY: If you want to — we’ll take a 60-second break.

WHITEHOUSE: No, I’m good.

GRASSLEY: OK. Go ahead.

WHITEHOUSE: I’m good.

One of the reasons, Mr. Kavanaugh, that we are looking at the yearbook is that it is relatively consistent in time with the events at issue here and because it appears to be your words. Is it, in fact, your words on your yearbook page?

KAVANAUGH: We — we submitted things to the editors and I believe they took them. I don’t know if they changed things or not, but.

WHITEHOUSE: You’re not aware of any changes? As far as you know…

KAVANAUGH: I don’t — I’m not aware one way…

WHITEHOUSE: … these are your words?

KAVANAUGH: … I’m not aware one way or the other, but I’m not going to sit here and contest that. Have at it, if you want to go through my yearbook.

Observation: This was not answer to the question.

WHITEHOUSE: Yes, I’m — I’m actually interested. You know, lawyers should be working off of common terms and understand the words that we’re using. I think that’s a pretty basic principle among lawyers, wouldn’t you agree?

KAVANAUGH: It is. If you’re worried about my yearbook, have at, senator.

Observation: The answer: ‘it is’ would have been enough.

WHITEHOUSE: Let’s look at, “Beach Week Ralph Club — Biggest Contributor,” what does the word Ralph mean in that?

KAVANAUGH: That probably refers to throwing up. I’m known to have a weak stomach and I always have. In fact, the last time I was here, you asked me about having ketchup on spaghetti. I always have had a weak stomach.

DURBIN: I don’t know that I asked about ketchup on spaghetti, but…

KAVANAUGH: You — you didn’t, someone did. And…

WHITEHOUSE: OK.

KAVANAUGH: … this is well-known. Anyone who’s known me, like a lot of these people behind me — known me my whole life — know, you know. I got a weak stomach, whether it’s with beer or with spicy food or anything.

Observation: The answer to the question: ‘Ralph’ should be why it was written in the Year Book. It appears that Judge Kavanaugh ‘vomited’. But to cover up he went to irrelevant details.

WHITEHOUSE: So the vomiting that you reference in the Ralph Club reference, related to the consumption of alcohol?

KAVANAUGH: Senator, I was at the top of my class academically, busted my butt in school. Captain of the varsity basketball team. Got in Yale College. When I got into Yale College, got into Yale Law School. Worked my tail off.

Observation: Judge Kavanaugh evading to answer the question. Trying to consume 5 minutes of Senator’s time by irrelevant information to the subject matter.

WHITEHOUSE: And did the word “ralph” you used in your yearbook…

(CROSSTALK)

KAVANAUGH: I already — I already answered…

Observation: Judge Kavanaugh did not answer the question.

WHITEHOUSE: … refer (ph) to alcohol?

KAVANAUGH: … the question. If you’re…

Observation: Judge Kavanaugh evading to answer the question.

WHITEHOUSE: Did it relate to alcohol? You haven’t answered that.

KAVANAUGH: I like beer. I like beer. I don’t know if you do…

WHITEHOUSE: OK.

KAVANAUGH: … do you like beer, Senator, or not?

WHITEHOUSE: Um, next…

KAVANAUGH: What do you like to drink?

WHITEHOUSE: Next one is…

KAVANAUGH: Senator, what do you like to drink?

Observation: Judge Kavanaugh evaded to answer the question and diverted the direction by asking questions to the Senator.

WHITEHOUSE: … Judge, have you — I don’t know if it’s “boufed” or “boofed” — how do you pronounce that?

KAVANAUGH: That refers to flatulence. We were 16.

(LAUGHTER)

WHITEHOUSE: OK. And so when your friend Mark Judge said the same — put the same thing in his yearbook page back to you, he had the same meaning? It was flatulence?

KAVANAUGH: I don’t know what he did, but that’s my recollection. We want to talk about flatulence at age 16 on a yearbook page, I’m — I’m game.

WHITEHOUSE: You mentioned, I think, the Renate or Renata — I don’t know how you pronounce that — that’s a proper name of an individual you know?

KAVANAUGH: Renata.

WHITEHOUSE: Renata. It’s spelled with an “E” at the end, R-E-N-A-T-E. Is that…

KAVANAUGH: Correct.

WHITEHOUSE: OK. And then after that is the word “alumnius.” What does the word “alumnius” mean in that context?

KAVANAUGH: I explained that in my opening statement. We — she was a great friend of ours. We — a bunch of us went to dances with her. She hung out with us as a group. The media circus that has been generated by this, thought (ph) and reported that it referred to sex. It did not. Never had any — as she herself said on the record, any kind of sexual interaction with her.

And I’m sorry, how that’s been misinterpreted and sorry about that, as I explained in my opening statement. Because she’s a good person. And to have her named dragged through this hearing is a joke. And, really, an embarrassment.

Observation:

WHITEHOUSE: Devil’s triangle?

KAVANAUGH: Drinking game.

WHITEHOUSE: How’s it played?

KAVANAUGH: Three glasses in a triangle.

WHITEHOUSE: And?

KAVANAUGH: You ever played quarters?

WHITEHOUSE: No (ph).

KAVANAUGH: OK. It’s a quarters game.

WHITEHOUSE: Anne Dougherty’s?

KAVANAUGH: As you can tell from my calendar, she had a party on the Fourth of July in the beach in Delaware.

WHITEHOUSE: And there are, like, one, two, three, four, five, six, seven F’s in front of the Fourth of July. What does that signify, if anything?

KAVANAUGH: One of our friends, Squi, when he said the F word starting at a young age, had kind of a wind-up to the F word. Kind of a “ffff.”

(LAUGHTER)

And then the word would come out. And when we were 15, we thought that was funny. And it became an inside joke for the — how he would say, “Ffff” — and I won’t repeat it here. For the F word.

WHITEHOUSE: Referring to Georgetown versus Louisville and…

KAVANAUGH: you want — you want any more on the Fs?

WHITEHOUSE: No. Orioles versus Red Sox. And both, you respond, “Who won anyway?” Or “Who won that game anyway?” Should we draw any conclusion that a loss of recollection associated with alcohol was involved in you not knowing who won the games that you attended?

KAVANAUGH: No. First of all, the Georgetown-Louisville was watching it on TV, a party. And the…

WHITEHOUSE: That’s not inconsistent with drinking and not remembering what happened.

KAVANAUGH: I’m aware. And the point of both was, we in essence were having a party and didn’t pay attention to the game even though the game was the excuse we had for getting together.

I think that’s very common. I don’t know if you’ve been to a Super Bowl party for example, Senator, and not paid attention to the game and just hung out with your friends. I don’t know if you’ve done that or not. But that’s what we were referring to in those — those two occasions.

GRASSLEY: Senator Cornyn?

CORNYN: Judge, I can’t think of a more embarrassing scandal for the United States Senate since the McCarthy hearings.

When the comment was about the cruelty of the process toward the people involved, and the question was asked: Have you no sense of decency?

And I’m afraid we’ve lost that, at least for the time being. Do you understand you’ve been accused of multiple crimes?

KAVANAUGH: I’m — I’m painfully aware, for my family and me to read about this breathless reporting.

CORNYN: Of course, the — the sexual assault that Dr. Ford claims that you’ve denied. Then the claims of Ms. Ramirez, that not even The New York Times would report because it couldn’t corroborate it.

And then Stormy Daniels’ lawyer released a bombshell, accusing you of gang rape. All of those are crimes, are they not?

KAVANAUGH: They are. And I’m — I’m never going to get my reputation back. It’s — it — my life is totally and permanently altered.

CORNYN: Well Judge — Judge, don’t give up.

KAVANAUGH: I’m not giving up. I…

CORNYN: The American — the American people — the American people are listening to this, and they will make their decision and I think you’ll come out on the right side of that decision.

KAVANAUGH: Well, I will always be a good person and try to be a good judge, whatever happens. But…

CORNYN: So this is not a job interview. You’ve been accused of a crime. If you have lied to the committee and the investigators, that is a crime in and of itself, correct?

KAVANAUGH: That is correct.

CORNYN: So in order to vote against your nomination, we would have to conclude that you are a serial liar.

KAVANAUGH: Yeah.

CORNYN: And you will have exposed yourself to legal jeopardy in the way — in your interaction with this committee and the investigators, isn’t that correct?

KAVANAUGH: That’s — that’s my understanding.

CORNYN: You talked in your interview on — with Martha MacCallum the other night about a fair process. Some of my colleagues across the aisle say, “Well, the burden is not on the accuser because this is a job interview,” the burden is on you.

But you said you weren’t there and it didn’t happen. It’s impossible for you to prove a negative. So I would just suggest that you have been accused of a crime and that a fair process, under the United States Constitution, under our notion of fair play, means that the people who make an accusation against you have to come forward with some evidence.

Isn’t that part of a fair process?

KAVANAUGH: Yes, sir, Senator.

CORNYN: And part of that means that if you’re going to make an allegation, there needs to be corroboration. In other words, you’re not guilty because somebody makes an accusation against you in this country. We’re not a police state. We don’t give the government that kind of power.

We insist that those charges be proven by competent evidence. And I know we’re not in a court. I’ve told my colleagues, if we were in court, half of them would be in contempt of court.

Observation:

But you have been accused of a crime, and I believe fundamental notions of fair play and justice and our constitutional system require that if somebody’s going to make that accusation against you, then they need to come forward with some corroboration, not just allegations.

And you’re right to be angry about the delays in your ability to come here and protect your good name, because in the interim, it just keeps getting worse. It’s not Dr. Ford. It this story that not even the New York Times would report, the allegation of Ms. Ramirez. And then Stormy Daniels’ lawyer comes up with this incredible story, accusing you of the most sordid and salacious conduct. It’s outrageous, and you’re right to be angry.

But this is your chance to tell your story, and I hope you have a chance to tell us everything you want tell us. But the burden is not on you to disprove the allegations made. The burden under our system, when you accuse somebody of criminal conduct, is on the person making the accusation.

Now, I understand we’re not — this isn’t a trial, like I said, but I just wanted to make sure that we understood. It’s hard to reconstruct what happened 36 years ago, and I appreciate what you said about Dr. Ford, that perhaps she has had an incident at some point in her life, and you are sympathetic to that, and…

But your reputation is on the line, and I hope people understand the gravity of the charges made against you, and what a fair process looks like.

Observation:

• The judgement of the case can be determined on the basis of ‘Circumstantial Evidence’ where documentary evidence is not available.
  

• Again the Republican Senators do not appear to have grasped the soul of Dr Ford’s testimony and answers to the question she has been put.
  

GRASSLEY: Senator Klobuchar?

KLOBUCHAR: Thank you, Mr. Chairman.

Judge, we’re talking here about decency, and — and you understand, we have this constitutional duty to advise and consent. And for me, when this evidence came forward, I decided that I needed to look at this, and I needed to find out about it, and I needed to ask you questions about it, as well as others that were involved.

So again, I’m not going to take quite the same approach as my colleagues here and talk about Don McGahn, or any of this. Why don’t you just ask the president? Mrs. — Dr. Ford can’t do this. We clearly haven’t been able to do this. But just ask the president to reopen the FBI investigation.

KAVANAUGH: I think the committee is doing — you’re doing the investigation. I’m here to answer your questions…

Observation: Again Judge Kavanaugh is putting the ball in Committee’s court and trying to evade FBI Investigation.

KLOBUCHAR: No.

KAVANAUGH: … and I should say one thing, Senator Klobuchar, which is I appreciate our meeting together, and I appreciate how you handled the prior hearing, and I have a lot of respect for you.

Observation: Judge Kavanaugh made irrelevant statement to the subject matter.

KLOBUCHAR: Well, thank you. All of that aside, here’s the thing: you could actually just get this open so that we can talk to these witnesses, and the FBI can do it instead of us. And you’ve come before us, but we have people like Mark Judge, who Dr. Ford says was a witness to this. We have this polygraph expert that my colleagues were raising issues about the polygraph. We would like to have that person come before us. And I just think if we could open this up…

KAVANAUGH: I don’t mean to — I don’t mean to interrupt, but I guess I am. But Mark — Mark Judge has provided sworn statement saying this didn’t happen, and that I never did or would do…

Observation: Judge Kavanaugh did not let the Senator complete the question. It is tactics to divert the attention from the subject matter.

KLOBUCHAR: But we would like the FBI to be able to follow up and ask him questions. You know, we talked about past nomination processes, and you talked those, and I note that President George Bush, in the Anita Hill / Justice Thomas case, he opened up the FBI investigation and let questions being asked, and I think it was helpful for people. So was his decision reasonable?

KAVANAUGH: I — I don’t know the circumstances of that. What I know, Senator, is I’m (inaudible)

Observation: Judge Kavanaugh did not want to agree to FBI investigation so he took the veil of not knowing about the circumstances which led Present Bush to open the case by FBI re – Anita Hill Vs Justice Thomas.

KLOBUCHAR: But you — that it — he — he just — the circumstances are that he opened up the investigation so the FBI could ask some questions.

KAVANAUGH: I — I’m…

KLOBUCHAR: That’s what he — he opened up the background check.

KAVANAUGH: I’m here to answer questions about my yearbook, or about, you know, what I…

Observation: Again Judge Kavanaugh would not agree FBI investigation saying:

I’m here to answer questions about my yearbook, or about, you know, what I…

KLOBUCHAR: OK, that’s — I…

KAVANAUGH: … my sports, or, you know, summer basketball…

Observation: Judge Kavanaugh started his history without question being asked.

KLOBUCHAR: OK. I’m not going to ask about the yearbook.

So most people have done some drinking in high school and college, and many people even struggle with alcoholism and binge drinking. My own dad struggled with alcoholism most of his life, and he got in trouble for it, and there were consequences. He is still in A.A. at age 90, and he’s sober, and in his words, he was pursued by grace, and that’s how he got through this.

So in your case, you have said, here and other places, that you never drank so much that you didn’t remember what happened. But yet, we have heard — not under oath, but we have heard your college roommate say that you did drink frequently. These are in news reports. That you would sometimes be belligerent. Another classmate said it’s not credible for you to say you didn’t have memory lapses. So drinking is one thing.

KAVANAUGH: I don’t think — I — I actually don’t think that’s — the second quote’s correct. On the first quote, if you wanted, I provided some material that’s still redacted about the situation with the freshman year roommate, and I don’t really want to repeat that in a public hearing, but just so you know, there were three people in a room, Dave White, Jamie Roach (ph) and me, and it was a contentious situation where Jamie did not like Dave White. I was — at all, and I’m in this…

Observation:

KLOBUCHAR: OK, I — I just…

KAVANAUGH: So Dave — so Dave White came back from — from home one weekend, and Jamie Roach had moved all his furniture…

KLOBUCHAR: OK. OK.

KAVANAUGH: … out into the — out into the courtyard.

KLOBUCHAR: OK.

KAVANAUGH: And so he walks in, and so that’s your source on that, so there’s some old…

KLOBUCHAR: OK, so drinking is one thing.

KAVANAUGH: There — and there’s much more. Look at the redacted portion of what I said. I don’t want to repeat that in a public hearing.

Observation: Judge Kavanaugh just stated the history and did not answer the question to What the Senator asked:

So in your case, you have said, here and other places, that you never drank so much that you didn’t remember what happened. But yet, we have heard — not under oath, but we have heard your college roommate say that you did drink frequently. These are in news reports. That you would sometimes be belligerent. Another classmate said it’s not credible for you to say you didn’t have memory lapses. So drinking is one thing.

KLOBUCHAR: All right. I will. I will.

KAVANAUGH: (inaudible)

KLOBUCHAR: Could I just ask one question?

KAVANAUGH: … redacted information about that.

KLOBUCHAR: OK. Drinking is one thing, but the concern is about truthfulness, and in your written testimony, you said sometimes you had too many drinks. Was there ever a time when you drank so much that you couldn’t remember what happened, or part of what happened the night before?

KAVANAUGH: No, I — no. I remember what happened, and I think you’ve probably had beers, Senator, and — and so I…

Observation: Judge Kavanaugh did not answer the question. He diverted the attention asking question from the Senator if she had beer.

KLOBUCHAR: So you’re saying there’s never been a case where you drank so much that you didn’t remember what happened the night before, or part of what happened.

KAVANAUGH: It’s — you’re asking about, you know, blackout. I don’t know. Have you?

Observation: Again Judge Kavanaugh do not want to answer the question and asked question from the Senator.

KLOBUCHAR: Could you answer the question, Judge? I just — so you — that’s not happened. Is that your answer?

KAVANAUGH: Yeah, and I’m curious if you have.

Observation: Again Judge Kavanaugh do not want to answer the question and asked question from the Senator.

KLOBUCHAR: I have no drinking problem, Judge.

KAVANAUGH: Yeah, nor do I.

Observation: Judge Kavanaugh did not answer the question:

KLOBUCHAR: OK. Drinking is one thing, but the concern is about truthfulness, and in your written testimony, you said sometimes you had too many drinks. Was there ever a time when you drank so much that you couldn’t remember what happened, or part of what happened the night before?

KLOBUCHAR: OK, thank you.

GRASSLEY: Before I go to Senator Hatch, since this FBI thing keeps coming up all the time, let’s get back to basics. First of all, anybody, including any senator that’s brought up this issue, could ask for an FBI investigation. What the FBI does is gather information for the White House, then the file’s sent to the committee for us to make our own evaluations. We’re capable of making our own determination about the accuracy of any of those allegations. The FBI has put out a statement over, now I suppose it’s a month ago, clearly stating this matter is closed, as far as — as the — the letter being sent to them, and there is no federal crime to investigate.

If Senator — Senate Democrats hope for the FBI to draw any conclusions on this matter, I’m going to remind you what Joe Biden said. Now, I said this my statement, but maybe — maybe people aren’t listening when I say, and maybe they won’t even hear this.

Joe Biden, quote, “The next person who refers to an FBI report as being worth anything obviously doesn’t understand anything. The FBI explicitly does not — does not, in this or any other case, reach a conclusion. Period… They say ‘He said, she said, and they said.’ Period. So when people waive an FBI report before you,” or even bring it up now as something prospectively — I’m not — that wasn’t in his quote, “understand they do not, they do not, they do not reach conclusions… they do not make recommendations.”

Observation: The Chairman Grassley is biased again and does not want FBI Investigation.

Senator Hatch.

WHITEHOUSE: Mr. Chairman?

(UNKNOWN): We need a break.

HATCH (?): No, don’t take a break.

WHITEHOUSE: Mr. Chairman?

HATCH (?): Let me do this.

WHITEHOUSE: May I say for the record that, actually, we have asked? You said that nobody’s asked the FBI, or we could ask the FBI. I actually have. I think others have. And I think that the issue is that part of what an FBI report does…

GRASSLEY: You want to take a break (ph)?

WHITEHOUSE: … is to investigate and seek either corroborating or exculpatory evidence. It’s not so much the conclusion that it draws as the breadth of the evidence that is sought out through the investigation and the difference between what somebody might say to an FBI agent when they’re being examined, and for instance Mr. Judge’s letter signed by his lawyer sent in. It’s a — it’s just a different thing.

And I believe still that this is the first background investigation in the history of background investigations that hasn’t been reopened when new credible derogatory information was raised about the subject, about the nominee. So I, you know, I just didn’t want to let the point you made stand without…

GRASSLEY: Well, I’ll — I’ll…

WHITEHOUSE: … referencing the — what we had tried to do.

GRASSLEY: … Pardon me, but I’ll just add to the point you made. The letter was sent to the FBI. The FBI sent it to the White House with a letter saying the case is closed.

We’re taking a break now, for senator — we’re taking a break now.

(RECESS)

GRASSLEY: Judge, are you ready?

KAVANAUGH: I am ready. And can I say one thing?

GRASSLEY: Yes.

KAVANAUGH: Just going to say I started my last colloquy by saying to Senator Klobuchar how much I respect her and respected what she did at the last hearing. And she asked me a question at the end that I responded by asking her a question and I didn’t — sorry, I did that. This is a tough process. I’m sorry about that.

KLOBUCHAR: I appreciate that. I — I would like to add, when you have a parent that’s a alcoholic, you’re pretty careful about drinking.

And — and the second thing is I was truly just trying to get the bottom of the facts and the evidence. And I, again, believe we do that by opening up the FBI investigation, and I would call it a background check instead of investigation. Thank you.

KAVANAUGH: Appreciate that.

GRASSLEY: Senator Hatch.

HATCH: Well, thank you.

Judge, welcome, we’re happy to have you here. My friend from — I’d just like to say a few words — my friend from Arizona emphasized yesterday that we have before us today two human beings, Dr. Ford and Judge Kavanaugh. They deserve — each of you deserves to be treated fairly and respectfully.

We tried to do that with Dr. Ford earlier and I think we succeeded. It’s important that we treat Judge Kavanaugh fairly now. And it remains to be seen how that’s going to work out.

Judge Kavanaugh has been a federal judge for 12 years. And he’s been a great federal judge on the second-highest court in the nation. He’s earned a reputation for fairness and decency. His clerks love him. His students he teaches in law school as well, his students love him. His colleagues love him. This man is not a monster, nor is he what has been represented here in these hearings.

We’re talking today about Judge Kavanaugh’s conduct in high school — and even then, and as a freshman in college, I guess, as well. Serious allegations have been raised. If Judge Kavanaugh committed sexual assault, he should not serve on the Supreme Court; I think we’d all agree with that.

MORE KAVANAUGH: Yes, that — that is emphatically what I’m saying; emphatically. The Swetnick thing is a joke. That is a farce.

Observation: Senator Hatch did not refer to anyone. Why Judge Kavanaugh added:

The Swetnick thing is a joke. That is a farce.

Observation: It appears that Judge Kavanaugh has something to hide about Julie Swetnick.

FEINSTEIN: Would you like to say more about it?

KAVANAUGH: No.

FEINSTEIN: OK.

(LAUGHTER)

FEINSTEIN: OK. That’s it. Thank you, Mr. Chairman.

GRASSLEY: OK. Ms. Mitchell.

MITCHELL: Dr. Ford has described you as being intoxicated at a party. Did you consume alcohol during your high school years?

KAVANAUGH: Yes, we drank beer. My friends and I, the boys and girls. Yes, we drank beer. I liked beer. Still like beer. We drank beer. The drinking age, as I noted, was 18, so the seniors were legal, senior year in high school, people were legal to drink, and we — yeah, we drank beer, and I said sometimes — sometimes probably had too many beers, and sometimes other people had too many beers.

Observation: Judge Kavanaugh says that:

The drinking age, as I noted, was 18, so the seniors were legal, senior year in high school, people were legal to drink,

Observations:

• Let us agree that for seniors drinking age was 18 years. But he was 17 years old at the time.
  

• Question arises when did he start drinking?
  

• As per Google Mark Judge’s profile stated:
  

Judge started drinking at 14. He attended Georgetown Preparatory School, graduating in 1983. Judge was friends with classmate Brett Kavanaugh; both were in the same class there with Maryland State Senate member Richard Madaleno

• In the Book: ‘Wasted Tale of……. Mark Judge states as per Google:
  

  By the time Judge had turned 15, he and a friend engaged in an Endeavour to provide falsified identification for the purchase of alcohol to all of his fellow students at a secondary education Catholic institution.^[3] Judge writes that at age 15 a friend of his who worked as a bartender regularly supplied him with alcoholic beverages for consumption
  

• As Judge Kavanaugh and Mark Judge were friends and Mark Judge started drinking at the age of 14 so it is safe to assume that Judge Kavanaugh also started to drink beer from the age of 14 years.
  

MITCHELL: What do you…

KAVANAUGH: We drank beer. We liked beer.

Observation: Judge Kavanaugh did not Ms Mitchell complete the question.

MITCHELL: What do you consider to be too many beers?

KAVANAUGH: I don’t know. You know, we — whatever the chart says, a blood-alcohol chart.

Observation: Again Judge Kavanaugh referred to the ‘Blood Alcohol Chart.

MITCHELL: When you talked to Fox News the other night, you said that there were times in high school when people might have had too many beers on occasion. Does that include you?

KAVANAUGH: Sure.

MITCHELL: OK. Have you ever passed out from drinking?

KAVANAUGH: I — passed out would be — no, but I’ve gone to sleep, but — but I’ve never blacked out. That’s the — that’s the — the allegation, and that — that — that’s wrong.

MITCHELL: So let’s talk about your time in high school. In high school, after drinking, did you ever wake up in a different location than you remembered passing out or going to sleep?

KAVANAUGH: No, no.

MITCHELL: Did you ever wake up with your clothes in a different condition, or fewer clothes on than you remembered when you went to sleep or passed out?

KAVANAUGH: No, no.

MITCHELL: Did you ever tell — did anyone ever tell you about something that happened in your presence that you didn’t remember during a time that you had been drinking?

KAVANAUGH: No, the — the — we drank beer, and you know, so — so did, I think, the vast majority of — of people our age at the time. But in any event, we drank beer, and — and still do. So whatever, you know.

MITCHELL: During the time in high school when you would be drinking, did anyone ever tell you about something that you did not remember?

KAVANAUGH: No.

MITCHELL: Dr. Ford described a small gathering of people at a suburban Maryland home in the summer of 1982. She said that Mark Judge, P.J. Smyth and Leland Ingham also were present, as well as an unknown male, and that the people were drinking to varying degrees. Were you ever at a gathering that fits that description?

KAVANAUGH: No, as I’ve said in my opening statements — opening statement.

MITCHELL: Dr. Ford described an incident where she was alone in a room with you and Mark Judge. Have you ever been alone in a room with Dr. Ford and Mark Judge?

KAVANAUGH: No.

MITCHELL: Dr. Ford described an incident where you were grinding your genitals on her. Have you ever ground or rubbed your genitals against Dr. Ford?

KAVANAUGH: No.

MITCHELL: Dr. Ford described an incident where you covered her mouth with your hand. Have you ever covered Dr. Ford’s mouth with your hand?

KAVANAUGH: No.

MITCHELL: Dr. Ford described an incident where you tried to remove her clothes. Have you ever tried to remove her clothes?

KAVANAUGH: No.

MITCHELL: Referring back to the definition of sexual behaviour that I have given you, have you ever, at any time, engaged in sexual behaviour with Dr. Ford?

KAVANAUGH: No.

MITCHELL: Have you ever engaged in sexual behavior with Dr. Ford, even if it was consensual?

KAVANAUGH: No.

MITCHELL: I want to talk about your calendars. You submitted to the committee copies of the handwritten calendars that you’ve talked about for the months of May, June, July and August of 1982. Do you have them in front of you?

KAVANAUGH: I do.

MITCHELL: Did you create these calendars, in the sense of all the handwriting that’s on them?

KAVANAUGH: Yes.

MITCHELL: OK. Is it exclusively your handwriting?

KAVANAUGH: Yes.

MITCHELL: When did you make these entries?

KAVANAUGH: In nine — in 1982.

MITCHELL: Has anything changed — been changed for those since 1982?

KAVANAUGH: No.

MITCHELL: Do these calendars represent your plans for each day, or do they document — in other words, prospectively, or do they document what actually occurred, more like a diary?

KAVANAUGH: They’re both forward-looking and backward-looking, as you can tell by looking at them, because I cross out certain doctor’s appointments that didn’t happen, or one night where I was supposed to lift weights, I crossed that out, because it — I obviously didn’t make it that night. So you can see things that I didn’t do crossed out in retrospect, and also, when I list the specific people who I was with, that is likely backward-looking.

MITCHELL: You explain that you kept these calendars because your father started keeping them in 1978, I believe you said. That’s why you kept them. In other words, you wrote on them. But why did you keep them up until this time?

KAVANAUGH: Well — well, he’s kept them, too, since 1978, so he’s a good role model.

GRASSLEY: Ms. Mitchell, you’ll have to stop.

MITCHELL: Oh, I’m sorry.

GRASSLEY: Judge Kavanaugh has asked for a break, so we’ll take a 15-minute break.

(RECESS)

GRASSLEY: Just waiting for you, Diane.

FEINSTEIN: Sorry.

GRASSLEY: Don’t — don’t apologize, you…

(CROSSTALK)

GRASSLEY: Senator Leahy?

LEAHY: Thank you, Mr. Chairman.

Judge, you said before, and again today, that Mark Judge was a close friend of yours in high school. Now Dr. Ford, as you know, has said that he was in the room when she was attacked. She also says you were, too.

Unfortunate (ph) that (ph) the FBI has never interviewed him. We might (ph) be able to have his attendance here. The chairman refuses to call him.

If she’s saying Mark Judge was in the room then, then he should be in the room here today. Would you want him called as a witness?

KAVANAUGH: Senator, this allegation came into the committee…

LEAHY: No, I’m just asking the question. Would you want him to be here as a witness?

KAVANAUGH: He’s — he’s already provided sworn testimony to the committee. This allegation’s been hidden by the committee…

LEAHY: Now, well (ph)…

(CROSSTALK)

KAVANAUGH: … by — by members of the…

LEAHY: … it hasn’t been — it has not been investigated by the FBI. The committee has refused to allow it to be.

KAVANAUGH: It was dropped on (ph)…

(CROSSTALK)

KAVANAUGH: … it was sprung.

LEAHY: It was not investigated by the FBI, and he has not been called where he might be under oath.

KAVANAUGH: Should have been handled in the due course, Senator.

(CROSSTALK)

KAVANAUGH: When he came in.

LEAHY: I would — I would disagree with that. I’ve been on this committee 44 years, both Republicans and Democrats. I’ve never seen somebody that critical and not allowed to be here to — called to be testified or on (ph) FBI background.

But let me ask…

(CROSSTALK)

KAVANAUGH: You see (ph) he’s provided sworn testimony and the…

LEAHY: He has — he has not…

KAVANAUGH: … Senator — Senator, let me — let me finish. He — the — the allegation came in weeks ago and nothing was done with it by the ranking member.

And then it’s sprung on me…

LEAHY: Judge Kavanaugh, I’ve heard your — your line (ph) and you state it over and over again. And I have that well in mind. But let me ask you this. He authored a book titled, “Wasted: Tales of a Genx Drunk.” He references a Barthold (ph) Kavanaugh vomiting on someone’s car during Beach Week and then passing out. Is that you that he’s talking about?

KAVANAUGH: Senator, Mark Judge was…

LEAHY: To your knowledge, is that you that he’s talking about?

KAVANAUGH: I’ll explain it if you let me.

LEAHY: Proceed, please.

KAVANAUGH: Mark Judge was a friend of ours in high school who developed a very serious drinking problem, an addiction problem that lasted decades and was very difficult for him to escape from.

And he nearly died. And then developed — then he had leukaemia as well, on top of it.

Now, as part of his therapy — or part of his coming to grips with sobriety, he wrote a book that is a fictionalized book and an account….

(CROSSTALK)

KAVANAUGH: I think he picked out names of friends of ours to throw them in as kind of close to what — for characters in the book. So, you know, we can sit here…

LEAHY: So you don’t know — you don’t know whether that’s you or not?

KAVANAUGH: … we can sit here and you (ph) like (ph), make — make fun of some guy who has an addiction.

LEAHY: I’m not making…

(CROSSTALK)

KAVANAUGH: I don’t think that really makes — is really good…

LEAHY: … Judge Kavanaugh, I’m trying to get a straight answer from you under oath. Are you Bart (ph) Kavanaugh that he’s referring to, yes or no? That’s it (ph)…

KAVANAUGH: You’d have to ask him.

LEAHY: Well, I agree with you there. And that’s why I wish that the chairman had him here under oath.

Now, you’ve talked about your yearbook. In your yearbook, you talked about drinking and sexual exploits, did you not?

KAVANAUGH: Senator, let me — let me take a step back and explain high school. I was number one in the class…

LEAHY: And I — and I thought (ph)…

KAVANAUGH: … freshman — no, no, no, no, no.

LEAHY: I thought we were in the Senate (ph)…

KAVANAUGH: You’ve got this all — I’m going to — I’m going to talk about my high school…

LEAHY: … the (ph) whole (ph) question (ph).

I thought we were in the Senate (ph) filibuster (ph).

KAVANAUGH: … no, no.

GRASSLEY: Let him answer.

KAVANAUGH: I’m going to talk about my high school record, if you’re going to sit here and mock me.

GRASSLEY: We — we were — I think we were all very fair to Dr. Ford. Shouldn’t we be just as fair to Judge Kavanaugh?

(CROSSTALK)

KAVANAUGH: I busted my butt in academics. I always tried to do the best I could. As I recall, I finished one in the class, first in — you know, freshman and junior year, right at the top with Steve (ph) Clark (ph) and Eddie (ph) (inaudible), we were always kind of in the mix.

I — I played sports. I was captain of the varsity basketball team. I was wide receiver and defensive back on the football team. I ran track in the spring of ’82 to try to get faster. I did my service projects at the school, which involved going to the soup kitchen downtown — let me finish — and going to tutor intellectually disabled kids at the Rockville Library.

With the church — and, yes, we got together with our friends.

LEAHY: Does this reflect what you are? Does this yearbook reflect your…

KAVANAUGH: I…

LEAHY: … focus on academics and your respect for women? That’s easy. Yes or no. You don’t have to filibuster the answer. Does it reflect your focus on academics…

(CROSSTALK)

KAVANAUGH: I already said the yearbook — in my opening statement. The yearbook, obviously…

GRASSLEY: Judge? Just wait a minute. He’s asked the question. I’ll give you time to answer it.

KAVANAUGH: The — the yearbook, as I said in my opening statement, was something where the students and editors made a decision to treat some of it as farce and some of as exaggeration, some of it celebrating things that don’t reflect the things that were really the central part of our school.

Yes, we went to parties, though. Yes, of course, we went to parties and the yearbook page describes that and kind of makes fun of it. And as a — you know, if we want to sit here and talk about whether a Supreme Court nomination should be based on a high school yearbook page, I think that’s taken us to a new level of absurdity.

LEAHY: Ms. Mitchell? Well, we got a filibuster but not a single answer.

GRASSLEY: Ms. Mitchell?

MITCHELL: Judge, do you still have your calendar — calendars there?

KAVANAUGH: I do.

MITCHELL: I would like you to look at the July 1st entry.

KAVANAUGH: Yes.

MITCHELL: The entry says — and I quote — “Go to Timmy’s (ph) for skis (ph) with Judge (ph), Tom (ph), P.J. (ph), Bernie (ph) and Squee (ph)”?

KAVANAUGH: Squee. That’s a nick…

MITCHELL: What does…

KAVANAUGH: … that’s a nickname.

MITCHELL: OK. To what does this refer, and to whom?

KAVANAUGH: So first, says “Tobin’s (ph) house workout”. So that’s one of the football workouts that we would have — that Dr. (inaudible) would run for guys on the football team during the summer.

So we would be there — that’s usually 6:00 to 8:00 or so, kind of — until near dark. And then it looks like we went over to Timmy’s — you want to know their last names too? I’m happy to do it.

MITCHELL: If you could just identify, is — is “Judge,” Mark Judge?

KAVANAUGH: It is.

MITCHELL: And is “P.J.,” P.J. Smith?

KAVANAUGH: It is.

So — all right. It’s Tim Gaudette (ph), Mark Judge, Tom Caine (ph), P.J. Smith, Bernie McCarthy (ph), Chris Garrett (ph).

MITCHELL: Chris Garrett is Squee?

KAVANAUGH: He is.

MITCHELL: Did you in your calendar routinely document social gatherings like house parties or gatherings of friends in your calendar?

KAVANAUGH: Yes. It — it certainly appears that way, that’s what I was doing in the summer of 1982. And you can see that reflected on several of the — several of the entries.

MITCHELL: If a gathering like Dr. Ford has described had occurred, would you have documented that?

KAVANAUGH: Yes, because I documented everything of those kinds of events, even small get-togethers. August 7th is another good example where I documented a small get-together that summer, so yes.

MITCHELL: August 7th. Could you read that?

KAVANAUGH: I think that’s go to Becky’s, Matt, Denise, Lori, Jenny (ph).

MITCHELL: Have you reviewed every entry that is in these calendars of May, June, July and August of 1982?

KAVANAUGH: I have.

MITCHELL: Is there anything that could even remotely fit what we’re talking about, in terms of Dr. Ford’s allegations?

KAVANAUGH: No.

MITCHELL: As a lawyer and a judge, are you — we’ve talked about the FBI. Are you aware that this type of offense would actually be investigated by local police?

KAVANAUGH: Yes, I mentioned Montgomery County Police earlier. Yes.

MITCHELL: OK. Are you aware that in Maryland, there is no statute of limitations that would prohibit you being charged, even if this happened in 1982?

KAVANAUGH: That’s my understanding.

MITCHELL: Have you, at any time, been contacted by any members of local police agencies regarding this matter?

KAVANAUGH: No, ma’am.

MITCHELL: Prior to your nomination for Supreme Court, you’ve talked about all of the female clerks you’ve had, and the women that you’ve worked with. I’m not just talking about them; I’m talking about globally. Have you ever been accused, either formally or informally, of unwanted sexual behaviour?

KAVANAUGH: No.

MITCHELL: And when I say informally, I mean just a — a female complains. It doesn’t have to be to anybody else but you.

KAVANAUGH: No.

MITCHELL: Since Dr. Ford’s allegation was made public, how many times have you been interviewed by the committee?

KAVANAUGH: It’s — it’s been a — three or four. I’m — I’m trying to remember now. It’s — it’s been several times. Each of these new things, absurd as they are, we’d get on the phone and kind of go through them.

MITCHELL: So have you submitted to interviews specifically about Dr. Ford’s allegation?

KAVANAUGH: Yes.

MITCHELL: And what about Deborah Ramirez’s allegation…

KAVANAUGH: Yes.

MITCHELL: … that you waved your penis in front of her?

KAVANAUGH: Yes.

MITCHELL: What about Julie Swetnick’s allegation that you repeatedly engaged in drugging and gang-raping, or allowing women to be gang-raped?

KAVANAUGH: Yes. Yes, I’ve been interviewed about it.

MITCHELL: Were your answers to my questions today consistent with the answers that you gave to the committee in these various interviews?

KAVANAUGH: Yes, ma’am.

MITCHELL: OK. I see I’m out of time.

GRASSLEY: Senator Durbin?

DURBIN: Thank you, Mr. Chairman.

Judge Kavanaugh, earlier today, Dr. Christine Ford sat in that same chair, and under oath, she said clearly and unequivocally that she was a victim of sexual assault at your hands. She answered our questions directly, and she didn’t flinch at the prospect of submitting herself to an FBI investigation of these charges. We know, and I’m sure she’s been advised by her attorneys, that a person lying to the FBI can face criminal prosecution.

You have clearly and unequivocally denied that you assaulted Dr. Ford. With that statement, you must believe that there is no credible evidence or any credible witness that could prove otherwise.

You started off with an impassioned statement at the beginning, and I can imagine, try to imagine what you have been through, and your family’s been through, and I’m sure I wouldn’t get close to it. But it was an impassioned…

(UNKNOWN): OK. I’m sure you wouldn’t.

DURBIN: I’m sure I wouldn’t. It’s an impassioned statement. And in the course of it, you said, “I welcome any kind of investigation.” I quote you. I welcome any kind of investigation. I’ve got a suggestion for you: right now, turn to your left in the front row to Don McGahn, counsel to President Donald Trump. Ask him to suspend this hearing and nomination process until the FBI completes its investigation of the charges made by Dr. Ford and others, and goes to bring the witnesses forward, and provides that information to this hearing. I am sure that the chairman at that point will understand that that is a reasonable request to finally put to rest these charges, if they are false, or to prove them if they are not.

You spent two years in the White House office that approved judicial nominees. You turned to the FBI over, and over, and over again for their work. Let’s bring them in here and now. Turn to Don McGahn, and tell him it’s time to get this done. An FBI investigation is the only way to answer some of these questions.

(UNKNOWN): Senator…

GRASSLEY: Stop the — stop the clock.

This committee is — is running this hearing, not the White House, not Don McGahn, not even you as a nominee. We’re — we are here today because Dr. Ford asked for an opportunity to hear. I know you did too, as well, in fact, maybe even before she did.

We’re here because people wanted to be heard from charges that they all thought were unfair, or activities like sexual assault was unfair. So I want to assure Senator Durbin, regardless of what you say to Senator Don McGahn, we’re not suspending this hearing.

Proceed to answer the question, or so whatever — or to — if the gentleman…

DURBIN: I — I’ll just say this: If you, Judge Kavanaugh, turned to Don McGahn and to this committee and say, “For the sake of my reputation, my family name, and to get to the bottom of the truth of this, I am not going to stay — be an obstacle to an FBI investigation,” I would hope that all the members of the committee would join me in saying, “We’re going to abide by your witch — wishes, and we will have that investigation.”

KAVANAUGH: I — I welcome whatever the committee wants to do, because I’m telling the truth.

DURBIN: I want to know what you want to do.

KAVANAUGH: I — I’m telling the truth.

DURBIN: I want to know what you want to do, Judge.

KAVANAUGH: I’m innocent. I’m innocent of this charge.

DURBIN: Then you’re prepared for an FBI investigator…

KAVANAUGH: They don’t reach conclusions. You reach the conclusion, Senator.

DURBIN: No, but they do investigate questions.

KAVANAUGH: I’m — I’m innocent.

DURBIN: And you can’t have it both ways, Judge. You can’t say here at the beginning…

KAVANAUGH: I wanted a hearing.

DURBIN: (inaudible) your moment.

KAVANAUGH: Look, this thing…

DURBIN: I welcome any kind of investigation, and then walk away from this.

KAVANAUGH: This thing was sprung on me — this thing was sprung at the last minute after being held by staff. You know…

DURBIN: Judge, if there is no truth to…

KAVANAUGH: And I called for a — I called for a hearing immediately.

DURBIN: If there is no truth to her charges, the FBI investigation will show that. Are you afraid that they might not?

GRASSLEY: Come on. Gee, whiz.

KAVANAUGH: The FBI does not reach — you know. You know this is — you know that’s a phony question…

DURBIN: Well, here…

KAVANAUGH: … because the FBI doesn’t reach conclusions.

DURBIN: So let’s — let’s just…

KAVANAUGH: They just provide the 302s. 302s, so I can explain to people who don’t know what that is, they just going and do what you’re doing: ask questions and then type up a report. They don’t reach the bottom line conclusion. You…

DURBIN: This morning — this morning, I asked Dr. Ford, I asked her about this incident where she ran into Mark Judge in Safeway, and she said, “Sure, I remember it.” Six or eight weeks after this occurrence.

Well, someone at The Washington Post went in and took a look at Mr. Judge’s book and has been able to — the one that he wrote about his addiction and his alcoholism — and they have narrowed it down, what they think was a period of time six or eight weeks after the event. And he would have been working at the Safeway at that point.

So the point I’m getting to is we at least can connect some dots here and get some information. Why would you resist that kind…

KAVANAUGH: Here’s some (ph) dots.

DURBIN: … of investigation? Why would you resist that kind of investigation?

KAVANAUGH: Senator, I — I welcome — I wanted the hearing last week.

DURBIN: I’m asking about the FBI investigation.

KAVANAUGH: They’re — the committee figures out how to ask the questions, I’ll do whatever. I’ve been on the phone multiple times with committee counsel. I’ll talk to…

DURBIN: Judge Kavanaugh, will you support an FBI investigation…

KAVANAUGH: … I’ll do — I’ll…

DURBIN: … right now?

KAVANAUGH: … I — I will do whatever the committee wants to…

DURBIN: Personally, do you think that’s the best thing for us to do? You won’t answer?

KAVANAUGH: … Look, senator, I — I’ve — I’ve — I’ve said I wanted a hearing and I’d said I was welcome (ph) anything. I’m innocent. This thing was held — held when it could have been presented in the ordinary way. It could have been held and handled confidentially at first, which was what Dr. Ford’s wishes were as I understand it. It wouldn’t have caused this — like, destroyed my family like this — this effort has.

DURBIN: I think an FBI investigation will help all of us on both sides of the issue.

GRASSLEY: Senator Graham asked for the floor. But before he does, it seems to me that if you want to know something, you’ve got the witness right here to — to ask him. And secondly, if you want an FBI report, you can ask for it yourself. I’ve asked for FBI reports in the past, in the 38 years I’ve been in the Senate.

Senator Graham.

GRAHAM: Are you aware that at 9:23 on the night of July the 9th, the day you were nominated to the Supreme Court by President Trump, Senator Schumer said 23-minutes after your nomination, “I will oppose Judge Kavanaugh’s nomination with everything I have, I have (sic) a bipartisan — and I hope a bipartisan majority will do the same. The stakes are simply too high for anything less.” Well, if you weren’t aware of it, you are now.

Did you meet with Senator Dianne Feinstein on August 20th?

KAVANAUGH: I did meet with Senator Feinstein…

GRAHAM: Did you know that her staff had already recommended a lawyer to Dr. Ford?

KAVANAUGH: … I did not know that.

GRAHAM: Did you know that her and her staff had this — allegations for over 20 days?

KAVANAUGH: I did not know that at the time.

GRAHAM: If you wanted a FBI investigation, you could have come to us. What you want to do is destroy this guy’s life, hold this seat open and hope you win in 2020. You’ve said that, not me. You’ve got nothing to apologize for.

When you see Sotomayor and Kagan, tell them that Lindsey said hello because I voted for them. I would never do to them what you’ve done to this guy. This is the most unethical sham since I’ve been in politics. And if you really wanted to know the truth, you sure as hell wouldn’t have done what you’ve done to this guy.

Are you a gang rapist?

KAVANAUGH: No.

GRAHAM: I cannot imagine what you and your family have gone through.

Boy, you all want power. God, I hope you never get it. I hope the American people can see through this sham. That you knew about it and you held it. You had no intention of protecting Dr. Ford; none.

She’s as much of a victim as you are. God, I hate to say it because these have been my friends. But let me tell you, when it comes to this, you’re looking for a fair process? You came to the wrong town at the wrong time, my friend. Do you consider this a job interview?

KAVANAUGH: If (ph) the advice and consent role is like a job interview.

GRAHAM: Do you consider that you’ve been through a job interview?

KAVANAUGH: I’ve been through a process of advice and consent under the Constitution, which…

GRAHAM: Would you say you’ve been through hell?

KAVANAUGH: I — I’ve been through hell and then some.

GRAHAM: This is not a job interview.

KAVANAUGH: Yes.

GRAHAM: This is hell.

KAVANAUGH: This — this…

GRAHAM: This is going to destroy the ability of good people to come forward because of this crap. Your high school yearbook — you have interacted with professional women all your life, not one accusation.

You’re supposed to be Bill Cosby when you’re a junior and senior in high school. And all of a sudden, you got over it. It’s been my understanding that if you drug women and rape them for two years in high school, you probably don’t stop.

Here’s my understanding, if you lived a good life people would recognize it, like the American Bar Association has, the gold standard. His integrity is absolutely unquestioned. He is the very circumspect in his personal conduct, harbours no biases or prejudices. He’s entirely ethical, is a really decent person. He is warm, friendly, unassuming. He’s the nicest person — the ABA.

The one thing I can tell you should be proud of — Ashley, you should be proud of this — that you raised a daughter who had the good character to pray for Dr. Ford.

To my Republican colleagues, if you vote no, you’re legitimizing the most despicable thing I have seen in my time in politics. You want this seat? I hope you never get it.

I hope you’re on the Supreme Court, that’s exactly where you should be. And I hope that the American people will see through this charade. And I wish you well. And I intend to vote for you and I hope everybody who’s fair-minded will.

GRASSLEY: Senator Whitehouse.

WHITEHOUSE: Should we let things settle a little bit after that?

GRASSLEY: If you want to — we’ll take a 60-second break.

WHITEHOUSE: No, I’m good.

GRASSLEY: OK. Go ahead.

WHITEHOUSE: I’m good.

One of the reasons, Mr. Kavanaugh, that we are looking at the yearbook is that it is relatively consistent in time with the events at issue here and because it appears to be your words. Is it, in fact, your words on your yearbook page?

KAVANAUGH: We — we submitted things to the editors and I believe they took them. I don’t know if they changed things or not, but.

WHITEHOUSE: You’re not aware of any changes? As far as you know…

KAVANAUGH: I don’t — I’m not aware one way…

WHITEHOUSE: … these are your words?

KAVANAUGH: … I’m not aware one way or the other, but I’m not going to sit here and contest that. Have at it, if you want to go through my yearbook.

WHITEHOUSE: Yes, I’m — I’m actually interested. You know, lawyers should be working off of common terms and understand the words that we’re using. I think that’s a pretty basic principle among lawyers, wouldn’t you agree?

KAVANAUGH: It is. If you’re worried about my yearbook, have at, senator.

WHITEHOUSE: Let’s look at, “Beach Week Ralph Club — Biggest Contributor,” what does the word Ralph mean in that?

KAVANAUGH: That probably refers to throwing up. I’m known to have a weak stomach and I always have. In fact, the last time I was here, you asked me about having ketchup on spaghetti. I always have had a weak stomach.

DURBIN: I don’t know that I asked about ketchup on spaghetti, but…

KAVANAUGH: You — you didn’t, someone did. And…

WHITEHOUSE: OK.

KAVANAUGH: … this is well-known. Anyone who’s known me, like a lot of these people behind me — known me my whole life — know, you know. I got a weak stomach, whether it’s with beer or with spicy food or anything.

WHITEHOUSE: So the vomiting that you reference in the Ralph Club reference, related to the consumption of alcohol?

KAVANAUGH: Senator, I was at the top of my class academically, busted my butt in school. Captain of the varsity basketball team. Got in Yale College. When I got into Yale College, got into Yale Law School. Worked my tail off.

Observation: Judge Kavanaugh evaded to answer the question.

WHITEHOUSE: And did the world “ralph” you used in your yearbook…

(CROSSTALK)

KAVANAUGH: I already — I already answered…

WHITEHOUSE: … refer (ph) to alcohol?

KAVANAUGH: … the question. If you’re…

WHITEHOUSE: Did it relate to alcohol? You haven’t answered that.

KAVANAUGH: I like beer. I like beer. I don’t know if you do…

WHITEHOUSE: OK.

KAVANAUGH: … do you like beer, Senator, or not?

WHITEHOUSE: Um, next…

KAVANAUGH: What do you like to drink?

WHITEHOUSE: Next one is…

KAVANAUGH: Senator, what do you like to drink?

WHITEHOUSE: … Judge, have you — I don’t know if it’s “boufed” or “boofed” — how do you pronounce that?

KAVANAUGH: That refers to flatulence. We were 16.

(LAUGHTER)

WHITEHOUSE: OK. And so when your friend Mark Judge said the same — put the same thing in his yearbook page back to you, he had the same meaning? It was flatulence?

KAVANAUGH: I don’t know what he did, but that’s my recollection. We want to talk about flatulence at age 16 on a yearbook page, I’m — I’m game.

WHITEHOUSE: You mentioned, I think, the Renate or Renata — I don’t know how you pronounce that — that’s a proper name of an individual you know?

KAVANAUGH: Renata.

WHITEHOUSE: Renata. It’s spelled with an “E” at the end, R-E-N-A-T-E. Is that…

KAVANAUGH: Correct.

WHITEHOUSE: OK. And then after that is the word “alumnius.” What does the word “alumnius” mean in that context?

KAVANAUGH: I explained that in my opening statement. We — she was a great friend of ours. We — a bunch of us went to dances with her. She hung out with us as a group. The media circus that has been generated by this, thought (ph) and reported that it referred to sex. It did not. Never had any — as she herself said on the record, any kind of sexual interaction with her.

And I’m sorry, how that’s been misinterpreted and sorry about that, as I explained in my opening statement. Because she’s a good person. And to have her named dragged through this hearing is a joke. And, really, an embarrassment.

WHITEHOUSE: Devil’s triangle?

KAVANAUGH: Drinking game.

WHITEHOUSE: How’s it played?

KAVANAUGH: Three glasses in a triangle.

WHITEHOUSE: And?

KAVANAUGH: You ever played quarters?

WHITEHOUSE: No (ph).

KAVANAUGH: OK. It’s a quarters game.

WHITEHOUSE: Anne Dougherty’s?

KAVANAUGH: As you can tell from my calendar, she had a party on the Fourth of July in the beach in Delaware.

WHITEHOUSE: And there are, like, one, two, three, four, five, six, seven F’s in front of the Fourth of July. What does that signify, if anything?

KAVANAUGH: One of our friends, Squi, when he said the F word starting at a young age, had kind of a wind-up to the F word. Kind of a “ffff.”

(LAUGHTER)

And then the word would come out. And when we were 15, we thought that was funny. And it became an inside joke for the — how he would say, “Ffff” — and I won’t repeat it here. For the F word.

WHITEHOUSE: Referring to Georgetown versus Louisville and…

KAVANAUGH: you want — you want any more on the Fs?

WHITEHOUSE: No. Orioles versus Red Sox. And both, you respond, “Who won anyway?” Or “Who won that game anyway?” Should we draw any conclusion that a loss of recollection associated with alcohol was involved in you not knowing who won the games that you attended?

KAVANAUGH: No. First of all, the Georgetown-Louisville was watching it on TV, a party. And the…

WHITEHOUSE: That’s not inconsistent with drinking and not remembering what happened.

KAVANAUGH: I’m aware. And the point of both was, we in essence were having a party and didn’t pay attention to the game even though the game was the excuse we had for getting together.

I think that’s very common. I don’t know if you’ve been to a Super Bowl party for example, Senator, and not paid attention to the game and just hung out with your friends. I don’t know if you’ve done that or not. But that’s what we were referring to in those — those two occasions.

GRASSLEY: Senator Cornyn?

CORNYN: Judge, I can’t think of a more embarrassing scandal for the United States Senate since the McCarthy hearings.

When the comment was about the cruelty of the process toward the people involved, and the question was asked: Have you no sense of decency?

And I’m afraid we’ve lost that, at least for the time being. Do you understand you’ve been accused of multiple crimes?

KAVANAUGH: I’m — I’m painfully aware, for my family and me to read about this breathless reporting.

CORNYN: Of course, the — the sexual assault that Dr. Ford claims that you’ve denied. Then the claims of Ms. Ramirez, that not even The New York Times would report because it couldn’t corroborate it.

And then Stormy Daniels’ lawyer released a bombshell, accusing you of gang rape. All of those are crimes, are they not?

KAVANAUGH: They are. And I’m — I’m never going to get my reputation back. It’s — it — my life is totally and permanently altered.

CORNYN: Well Judge — Judge, don’t give up.

KAVANAUGH: I’m not giving up. I…

CORNYN: The American — the American people — the American people are listening to this, and they will make their decision and I think you’ll come out on the right side of that decision.

KAVANAUGH: Well, I will always be a good person and try to be a good judge, whatever happens. But…

CORNYN: So this is not a job interview. You’ve been accused of a crime. If you have lied to the committee and the investigators, that is a crime in and of itself, correct?

KAVANAUGH: That is correct.

CORNYN: So in order to vote against your nomination, we would have to conclude that you are a serial liar.

KAVANAUGH: Yeah.

CORNYN: And you will have exposed yourself to legal jeopardy in the way — in your interaction with this committee and the investigators, isn’t that correct?

KAVANAUGH: That’s — that’s my understanding.

CORNYN: You talked in your interview on — with Martha McCollum the other night about a fair process. Some of my colleagues across the aisle say, “Well, the burden is not on the accuser because this is a job interview,” the burden is on you.

But you said you weren’t there and it didn’t happen. It’s impossible for you to prove a negative. So I would just suggest that you have been accused of a crime and that a fair process, under the United States Constitution, under our notion of fair play, means that the people who make an accusation against you have to come forward with some evidence.

Isn’t that part of a fair process?

KAVANAUGH: Yes, sir, Senator.

CORNYN: And part of that means that if you’re going to make an allegation, there needs to be corroboration. In other words, you’re not guilty because somebody makes an accusation against you in this country. We’re not a police state. We don’t give the government that kind of power.

We insist that those charges be proven by competent evidence. And I know we’re not in a court. I’ve told my colleagues, if we were in court, half of them would be in contempt of court.

But you have been accused of a crime, and I believe fundamental notions of fair play and justice and our constitutional system require that if somebody’s going to make that accusation against you, then they need to come forward with some corroboration, not just allegations.

And you’re right to be angry about the delays in your ability to come here and protect your good name, because in the interim, it just keeps getting worse. It’s not Dr. Ford. It this story that not even the New York Times would report, the allegation of Ms. Ramirez. And then Stormy Daniels’ lawyer comes up with this incredible story, accusing you of the most sordid and salacious conduct. It’s outrageous, and you’re right to be angry.

But this is your chance to tell your story, and I hope you have a chance to tell us everything you want tell us. But the burden is not on you to disprove the allegations made. The burden under our system, when you accuse somebody of criminal conduct, is on the person making the accusation.

Now, I understand we’re not — this isn’t a trial, like I said, but I just wanted to make sure that we understood. It’s hard to reconstruct what happened 36 years ago, and I appreciate what you said about Dr. Ford, that perhaps she has had an incident at some point in her life, and you are sympathetic to that, and…

But your reputation is on the line, and I hope people understand the gravity of the charges made against you, and what a fair process looks like.

GRASSLEY: Senator Klobuchar?

KLOBUCHAR: Thank you, Mr. Chairman.

Judge, we’re talking here about decency, and — and you understand, we have this constitutional duty to advise and consent. And for me, when this evidence came forward, I decided that I needed to look at this, and I needed to find out about it, and I needed to ask you questions about it, as well as others that were involved.

So again, I’m not going to take quite the same approach as my colleagues here and talk about Don McGahn, or any of this. Why don’t you just ask the president? Mrs. — Dr. Ford can’t do this. We clearly haven’t been able to do this. But just ask the president to reopen the FBI investigation.

KAVANAUGH: I think the committee is doing — you’re doing the investigation. I’m here to answer your questions…

KLOBUCHAR: No.

KAVANAUGH: … and I should say one thing, Senator Klobuchar, which is I appreciate our meeting together, and I appreciate how you handled the prior hearing, and I have a lot of respect for you.

KLOBUCHAR: Well, thank you. All of that aside, here’s the thing: you could actually just get this open so that we can talk to these witnesses, and the FBI can do it instead of us. And you’ve come before us, but we have people like Mark Judge, who Dr. Ford says was a witness to this. We have this polygraph expert that my colleagues were raising issues about the polygraph. We would like to have that person come before us. And I just think if we could open this up…

KAVANAUGH: I don’t mean to — I don’t mean to interrupt, but I guess I am. But Mark — Mark Judge has provided sworn statement saying this didn’t happen, and that I never did or would do…

KLOBUCHAR: But we would like the FBI to be able to follow up and ask him questions. You know, we talked about past nomination processes, and you talked those, and I note that President George Bush, in the Anita Hill / Justice Thomas case, he opened up the FBI investigation and let questions being asked, and I think it was helpful for people. So was his decision reasonable?

KAVANAUGH: I — I don’t know the circumstances of that. What I know, Senator, is I’m (inaudible)

KLOBUCHAR: But you — that it — he — he just — the circumstances are that he opened up the investigation so the FBI could ask some questions.

KAVANAUGH: I — I’m…

KLOBUCHAR: That’s what he — he opened up the background check.

KAVANAUGH: I’m here to answer questions about my yearbook, or about, you know, what I…

KLOBUCHAR: OK, that’s — I…

KAVANAUGH: … my sports, or, you know, summer basketball…

KLOBUCHAR: OK. I’m not going to ask about the yearbook.

So most people have done some drinking in high school and college, and many people even struggle with alcoholism and binge drinking. My own dad struggled with alcoholism most of his life, and he got in trouble for it, and there were consequences. He is still in A.A. at age 90, and he’s sober, and in his words, he was pursued by grace, and that’s how he got through this.

So in your case, you have said, here and other places, that you never drank so much that you didn’t remember what happened. But yet, we have heard — not under oath, but we have heard your college roommate say that you did drink frequently. These are in news reports. That you would sometimes be belligerent. Another classmate said it’s not credible for you to say you didn’t have memory lapses. So drinking is one thing.

KAVANAUGH: I don’t think — I — I actually don’t think that’s — the second quote’s correct. On the first quote, if you wanted, I provided some material that’s still redacted about the situation with the freshman year roommate, and I don’t really want to repeat that in a public hearing, but just so you know, there were three people in a room, Dave White, Jamie Roach (ph) and me, and it was a contentious situation where Jamie did not like Dave White. I was — at all, and I’m in this…

KLOBUCHAR: OK, I — I just…

KAVANAUGH: So Dave — so Dave White came back from — from home one weekend, and Jamie Roach had moved all his furniture…

KLOBUCHAR: OK. OK.

KAVANAUGH: … out into the — out into the courtyard.

KLOBUCHAR: OK.

KAVANAUGH: And so he walks in, and so that’s your source on that, so there’s some old…

KLOBUCHAR: OK, so drinking is one thing.

KAVANAUGH: There — and there’s much more. Look at the redacted portion of what I said. I don’t want to repeat that in a public hearing.

KLOBUCHAR: All right. I will. I will.

KAVANAUGH: (inaudible)

KLOBUCHAR: Could I just ask one question?

KAVANAUGH: … redacted information about that.

KLOBUCHAR: OK. Drinking is one thing, but the concern is about truthfulness, and in your written testimony, you said sometimes you had too many drinks. Was there ever a time when you drank so much that you couldn’t remember what happened, or part of what happened the night before?

KAVANAUGH: No, I — no. I remember what happened, and I think you’ve probably had beers, Senator, and — and so I…

KLOBUCHAR: So you’re saying there’s never been a case where you drank so much that you didn’t remember what happened the night before, or part of what happened.

KAVANAUGH: It’s — you’re asking about, you know, blackout. I don’t know. Have you?

KLOBUCHAR: Could you answer the question, Judge? I just — so you — that’s not happened. Is that your answer?

KAVANAUGH: Yeah, and I’m curious if you have.

KLOBUCHAR: I have no drinking problem, Judge.

KAVANAUGH: Yeah, nor do I.

KLOBUCHAR: OK, thank you.

GRASSLEY: Before I go to Senator Hatch, since this FBI thing keeps coming up all the time, let’s get back to basics. First of all, anybody, including any senator that’s brought up this issue, could ask for an FBI investigation. What the FBI does is gather information for the White House, then the file’s sent to the committee for us to make our own evaluations. We’re capable of making our own determination about the accuracy of any of those allegations. The FBI has put out a statement over, now I suppose it’s a month ago, clearly stating this matter is closed, as far as — as the — the letter being sent to them, and there is no federal crime to investigate.

If Senator — Senate Democrats hope for the FBI to draw any conclusions on this matter, I’m going to remind you what Joe Biden said. Now, I said this my statement, but maybe — maybe people aren’t listening when I say, and maybe they won’t even hear this.

Joe Biden, quote, “The next person who refers to an FBI report as being worth anything obviously doesn’t understand anything. The FBI explicitly does not — does not, in this or any other case, reach a conclusion. Period… They say ‘He said, she said, and they said.’ Period. So when people waive an FBI report before you,” or even bring it up now as something prospectively — I’m not — that wasn’t in his quote, “understand they do not, they do not, they do not reach conclusions… they do not make recommendations.”

Senator Hatch.

WHITEHOUSE: Mr. Chairman?

(UNKNOWN): We need a break.

HATCH (?): No, don’t take a break.

WHITEHOUSE: Mr. Chairman?

HATCH (?): Let me do this.

WHITEHOUSE: May I say for the record that, actually, we have asked? You said that nobody’s asked the FBI, or we could ask the FBI. I actually have. I think others have. And I think that the issue is that part of what an FBI report does…

GRASSLEY: You want to take a break (ph)?

WHITEHOUSE: … is to investigate and seek either corroborating or exculpatory evidence. It’s not so much the conclusion that it draws as the breadth of the evidence that is sought out through the investigation and the difference between what somebody might say to an FBI agent when they’re being examined, and for instance Mr. Judge’s letter signed by his lawyer sent in. It’s a — it’s just a different thing.

And I believe still that this is the first background investigation in the history of background investigations that hasn’t been reopened when new credible derogatory information was raised about the subject, about the nominee. So I, you know, I just didn’t want to let the point you made stand without…

GRASSLEY: Well, I’ll — I’ll…

WHITEHOUSE: … referencing the — what we had tried to do.

GRASSLEY: … Pardon me, but I’ll just add to the point you made. The letter was sent to the FBI. The FBI sent it to the White House with a letter saying the case is closed.

We’re taking a break now, for senator — we’re taking a break now.

(RECESS)

GRASSLEY: Judge, are you ready?

KAVANAUGH: I am ready. And can I say one thing?

GRASSLEY: Yes.

KAVANAUGH: Just going to say I started my last colloquy by saying to Senator Klobuchar how much I respect her and respected what she did at the last hearing. And she asked me a question at the end that I responded by asking her a question and I didn’t — sorry, I did that. This is a tough process. I’m sorry about that.

KLOBUCHAR: I appreciate that. I — I would like to add, when you have a parent that’s a alcoholic, you’re pretty careful about drinking.

And — and the second thing is I was truly just trying to get the bottom of the facts and the evidence. And I, again, believe we do that by opening up the FBI investigation, and I would call it a background check instead of investigation. Thank you.

KAVANAUGH: Appreciate that.

GRASSLEY: Senator Hatch.

HATCH: Well, thank you.

Judge, welcome, we’re happy to have you here. My friend from — I’d just like to say a few words — my friend from Arizona emphasized yesterday that we have before us today two human beings, Dr. Ford and Judge Kavanaugh. They deserve — each of you deserves to be treated fairly and respectfully.

We tried to do that with Dr. Ford earlier and I think we succeeded. It’s important that we treat Judge Kavanaugh fairly now. And it remains to be seen how that’s going to work out.

Judge Kavanaugh has been a federal judge for 12 years. And he’s been a great federal judge on the second-highest court in the nation. He’s earned a reputation for fairness and decency. His clerks love him. His students he teaches in law school as well, his students love him. His colleagues love him. This man is not a monster, nor is he what has been represented here in these hearings.

We’re talking today about Judge Kavanaugh’s conduct in high school — and even then, and as a freshman in college, I guess, as well. Serious allegations have been raised. If Judge Kavanaugh committed sexual assault, he should not serve on the Supreme Court; I think we’d all agree with that.

HATCH: But the circus atmosphere that has been created since my Democratic colleagues first leaked Dr. Ford’s allegations to the media two weeks ago — after sitting on them for six weeks, I might add — has brought us the worst in our politics. It certainly has brought us no closer to the truth. Anonymous letters with no name and no return address are now being treated as national news. Porn star lawyers with facially implausible claims are driving the news cycle.

I hate to say this, but this is worse than Robert Bork, and I didn’t think it could get any worse than that. This is worse than Clarence Thomas. I didn’t think it could get any worse than that. This is a national disgrace, the way you’re being treated.

And in the middle of it all, we have Judge Kavanaugh, a man who until two weeks ago was a pillar of the legal community. There’s been no whisper of misconduct by him in the time he’s been a judge.

What we have are uncorroborated, unsubstantiated claims from his teenage years. Claims that every alleged eyewitness has either denied or failed to corroborate.

I do not mean to minimize the seriousness of the claims. Yes, they’ve been serious claims, but the search for truth has to involve more than bare assertions. Like Dr. Ford, Judge Kavanaugh deserves fair treatment. He was an immature high schooler. So were we all. That he wrote or said stupid things sometimes does not make him a sexual predator.

I understand the desire of my colleagues to tear down this man at any costs. I do understand it. But let’s at least be fair and look at the facts or the absence thereof. Guilt by association is wrong. Immaturity does not equal criminality. That Judge Kavanaugh drank in high school or college does not make him guilty of every terrible thing that he’s recently been accused of.

A lifetime of respect and equal treatment ought to mean something when assessing allegations that are flatly inconsistent with the course of a person’s entire adult life.

With those comments, Judge, I’d just like to ask you a few questions if I can about how — and if you can be short in your answers, it’d help me get through a bunch of them — about how this process has unfolded. When did you first learn of Dr. Ford’s allegations against you?

KAVANAUGH: It was a week ago Sunday when — the Washington Post Story.

HATCH: Isn’t that amazing? Did the ranking member raise these allegations in your one-on-one meeting with her last month?

KAVANAUGH: She did not.

HATCH: Did the ranking member raise them at your public hearing earlier this month?

KAVANAUGH: No.

HATCH: Did the ranking member raise them at the closed session that followed the public hearing?

KAVANAUGH: She was not there.

HATCH: Did the ranking member or any of her colleagues raise them in the 1,300 written questions that were submitted to you following the hearing?

KAVANAUGH: No.

HATCH: When was the first time that the ranking member or her staff asked you about these allegations?

KAVANAUGH: Today.

HATCH: When did you first hear of Ms. Ramirez’s allegations against you?

KAVANAUGH: In the last — in the period since then, the New Yorker story.

HATCH: Did the Ranking Member or any of her colleagues or any of their staffs ask you about Ms. Ramirez’s allegations before they were leaked to the press?

KAVANAUGH: No.

HATCH: When was the first time that the ranking member or any of her colleagues or any of their staff asked you about Ms. Ramirez’s allegations?

KAVANAUGH: Today.

HATCH: I think it’s a disgrace, between you and me.

GRASSLEY: Senator Coons.

COONS: Thank you, Mr. Chairman. Judge Kavanaugh, today’s hearing is about Dr. Ford’s serious allegations about a sexual assault. You have unequivocally denied those claims. But we’re here today to assess her credibility and yours, and in our previous vigorous exchanges in the previous confirmation hearing rounds (ph), I — I found that your answers, at times vigorously defended but at other times struck me as evasive or not credible on key issues. And it’s against that backdrop that I’m seeking to assess your credibility today.

You said in your opening that rule of law means taking allegations seriously, and I agree with that. It brings me no joy to question you on these topics today, but I do think they’re serious and I think they are worthy of our attention.

So let me, if I can, return to a line of questioning my colleague was on before, which was about whether you’ve ever gotten aggressive while drinking or forgotten an evening after drinking.

KAVANAUGH: Those are two different questions. I’ve already answered the second one. As to the first, I think the answer to that is basically no. I don’t know really what you mean by that, like, what — what are you talking about?

COONS: Well, the — the reason I…

KAVANAUGH: I guess. I mean, I — I don’t mean it that way, but “no” is the basic answer, unless you’re talking about something where — that I — I’m not aware that you’re going to ask about.

COONS: The — the reason I’m asking, we’ve had a very brief period of time to weigh outside evidence and I’ll join my colleagues in saying I wish we had more evidence in front of us today to weigh. Do you remember Liz Swisher, a college classmate of yours from Yale?

KAVANAUGH: First, on your point about the outside evidence, you know, all four witnesses said…

COONS: Let — let me focus, I’m trying to get this question if I (ph) — if I could.

KAVANAUGH: I know, but you made a — you made a point, and I just want to reemphasize: all four witnesses who were allegedly at the event have said it didn’t happen, including Dr. Ford’s long-time friend, Ms. Keyser, who said she’s never…

COONS: That’s right, and if Mark Judge — if Mark Judge were in front of us today to question, we’d be able to assess his credibility.

KAVANAUGH: But he’s (inaudible)…

COONS: Let me just get through — this through if I can, Your Honour. Liz Swisher is a college classmate. She’s now a medical doctor. And I’m quoting from a recent interview she gave. She said, Brett Kavanaugh drank more than a lot of people. He’d end up slurring his words, stumbling. It’s not credible for him to say he’s had no memory lapses in the nights he drank to excess. I know because I drank with him.

How should we assess that against (inaudible)

KAVANAUGH: She then goes on, if you — if you kept reading, and says she actually can’t point to any specific instance like that.

COONS: The quote that jumped out at me was, “Brett was a sloppy drunk, and I know because I drank with him.” There’s also, in a separate setting…

KAVANAUGH: I don’t think that — I don’t — I do not think that’s a fair characterization, and Chris Dudley’s quoted in that article, and I would refer you to what Chris Dudley said. I spent more time with Chris Dudley in college than just about anyone, and I would refer you to what he said.

COONS: In other reporting, as I’m sure you know, a college classmate described you as relatively shy but said that when you drank you could be aggressive or even belligerent, and your roommate, as I think you discussed with Senator Klobuchar…

KAVANAUGH: (inaudible)

COONS: …said you were frequently drunk. (inaudible)

KAVANAUGH: Yes, and that — and that roommate — that was freshman year roommate.

COONS: Yes.

KAVANAUGH: And there was contention between him and the third person. There were three of us in a small room, and you should look at what I said in the redacted portion of the — of the transcript about him, and you should assess his credibility with that in mind.

COONS: Put yourself in our shoes for a moment if you would, Judge, and I know that’s asking a lot of you in this setting. But suppose you’d gone through a process to select someone for an incredibly important job in a position, you had a lot of qualified candidates, and as you’re finishing the hiring process you learn of a credible allegation that, if true, would be disqualifying.

Wouldn’t you either take a step back and conduct a thorough investigation or move to a different candidate? And why not agree to a one-week pause to allow the FBI to investigate all these allegations and allow you an opportunity a week from now to have the folks present in front of us for us to assess their credibility and for us to either clear your name or resolve these allegations by moving to a different nominee?

KAVANAUGH: All four witnesses who are alleged to be at the event said it didn’t happen. Including Dr. Ford’s long-time friend, Ms. Keyser, who said that she didn’t know me and that she does not recall ever being at a party with me with or without Dr. Ford.

COONS: What I’ve struggled with, Judge Kavanaugh, is the absence of a fair, federal law enforcement driven, nonpartisan process to question the various people who I think are critical to this. My concern, should you move forward, is what it will do to the credibility of the court and how that may well hang over your service, I understand —

KAVANAUGH: Look sir, my reputation has been —

COONS: Your concern about this but I wish you would join us in calling for an FBI investigation for one week when you clear or confirm some of these allegations.

KAVANAUGH: When you say a week delay, you know how long the last 10 days have been?

COONS: Probably an eternity.

KAVANAUGH: Yes.

COONS: But in the Judge Thomas confirmation hearing (ph) —

KAVANAUGH: For us everyday —

COONS: It was a four day delay.

KAVANAUGH: has been a lifetime. And you know, yes, and it’s been investigated and all four witnesses say it didn’t happen. And they’ve said it under penalty of felony, and I’ve produced my calendars which show, you know, a lot — that’s important evidence and you act like — I mean, the last 10 days I asked for a hearing the day after the allegation.

GRASSLEY: Before I call on Senator Lee, I want to emphasize something here that talking about doing something without a enough time — we had 45 days between July 30 and September 13, I believe it is, when we could have been investigating this and in regard to this candidate if you take the average of 65 to 70 days between the time that a person is announced by the president, and the Senate votes on it — is about 65 to 70 days and here we are at about 85 to 90 days.

So there’s plenty of time put in on this nomination. Senator Lee — oh no, wait a minute — I got one other thing I wanted to — everybody else has been putting letters in the record. I have a letter here from 65 women who knew Judge Kavanaugh between the years ’79 and ’83 — the years he attended Georgetown Prep High School.

These women wrote to the committee because they know Judge Kavanaugh and they know that the allegations raised by Dr. Ford are completely, totally inconsistent with his character. These 65 women know him through social events and church, many have remained close friends with him — here’s what they say partly quoting the letter.

“Through the more than 35 years we’ve known him, Brett has stood out for his friendship, character and integrity. He has always treated women with decency and respect. That was true in high school and it remains true to this day.” In closing they wrote, “Judge Kavanaugh, has always been a good person,” so without objection I put it in the record — Senator Lee?

LEE: Judge Kavanaugh, you’ve been cooperative at every stage of this investigation both your background investigation and the investigation conducted by this committee, is that correct?

KAVANAUGH: That is correct, sir.

LEE: It’s also correct that you yourself do not control the FBI or when it conducts an investigation, you are a nominee, you’re not tasked with the job of deciding who, when, whether or how conduct an investigation?

KAVANAUGH: That’s correct.

LEE: But at every moment when either we or prior to the committee taking jurisdiction over it, the FBI has asked you questions — you’ve been attentive and you’ve been responsive, isn’t that right?

KAVANAUGH: That is correct, throughout my career.

LEE: I have colleagues today who have repeatedly asked for an FBI investigation, and there are some ironies in this. Ironies that ascend at least two levels. In the first place, at least one of my colleagues — at least one of them had access to this information many, many weeks before anyone else did — had the ability and I believe the moral duty and obligation to report those facts to the FBI, at which point they could have and would have been investigated by the FBI.

And that could have been handled in such a way that didn’t turn this in to a circus. One that has turned your life upside down, and that of your family — and the life of Dr. Ford and her family upside down. I consider this most unfortunate given that this was entirely within the control of at least one of my Democratic colleagues to do this.

The second level of irony here is that while calling repeatedly for an investigation by the FBI, an investigation over which you have no ability to control, by the way — an investigation you have no authority to call for. While calling for an investigation we’re in the middle of a conversation that involves questions to you.

So I ask my Democratic colleagues, if you have questions for Judge Kavanaugh, ask him. He’s right here. If that’s really what you want is the truth, ask him questions right now. If you have questions of other witnesses, then for the love of all that is sacred and holy — participate in the committee investigations that have been going on, as you have not been participating with the committee staff investigating the outside witnesses.

If someone really were interested in the truth this is what they would do. They would participate in the investigation, and when we have a committee investigation, a committee hearing with live witnesses — they would talk about that rather than something else they wish they were having in front of them.

If what they want is a search for the truth, then now is their choice. If on the other hand what they want to do is delay this until after the election — which at least one of my colleagues on the Democratic side as acknowledged, then that might be what they would do. Finally I want to point out that there is significant precedent from our former Chairman of this committee, Chairman Joe Biden.

During the Clarence Thomas hearings, nearly three decades ago Chairman Biden made some interesting observations about FBI reports and their role in this process. Here’s what he said, “the next person who refers to an FBI report as being worth anything — obviously doesn’t understand anything. The FBI explicitly does not in this, or any other case, reach a conclusion. Period. Period.”

Those are his dual periods, not mine, I continue the quote, “The reason why we cannot rely on the FBI report — you would not like it if we did, because it is inconclusive,” so when people wave an FBI report before you, understand they do not — they do not — they do not reach conclusions. They do not make, as my friend points out more accurately, they do not make recommendations.

In other words, the role of the FBI is to flag issues, those issues have been flagged. Sadly, in this case they were flagged — not as they should have been. Not in the timing in which they should have been.

And therefore they couldn’t have been addressed in the manner that would have preserved a lot more dignity for you, for your family and for Dr. Ford and her family. They were instead held out until the final moment. I consider that most unfortunate, and for that, on behalf of this committee, I extend to you my most profound sympathies and my most profound sympathies to Dr. Ford and her family as well.

SASSE: Mr. Chairman, since we don’t have enough slots for everyone could I have the last minute of Senator Lee, so that Senator Kennedy can be recognized? Judge, we did 38 hours in public with you. Did we have any private hearings with you?

KAVANAUGH: Yes.

SASSE: Was that a fun time for you? When people — Senators could ask questions that are awkward or uncomfortable about potential alcoholism, potential gambling addiction, credit card debt, if your buddies floated you money to buy baseball tickets — did you enjoy that time we spend in here late one night?

KAVANAUGH: I’m always happy to cooperate with the committee.

SASSE: That’s charitable. Were you ever asked about any sexual allegations when we had that time in here with you alone?

KAVANAUGH: No.

SASSE: Did the ranking member already have these allegations for, I guess, this would have been September 6 or 7, and the letter was written on July 30th?

A — a recommendation was made by ranking member or her staff to Dr. Ford — and, by the way, I think Dr. Ford is a victim, and I think she’s been through hell and I’m very sympathetic to her — but, did the ranking member’s staff, did we hear today, make a recommendation to hire a lawyer and she knew all that?

And yet we had a hearing here with you and none of these things were asked. But then, once the process was closed, once the FBI investigation was closed, once we were done meeting in public and in private, then this was sprung on you. I just want to make sure I have the dates correct, right?

Because we’ve got 35-plus days from all the time that this evidence was in the hands, recommendations were made to an outside lawyer. You could have handled all this, we could have had this conversation in private, in a way that didn’t — not only do crap to his family, but do all — I yield my time.

KAVANAUGH: Thank…

SASSE: Trying to see if he could do math about 35 days. That was a little bit of a question.

KAVANAUGH: … Thank you.

GRASSLEY: (OFF-MIKE) Senator Blumenthal.

BLUMENTHAL: Thanks, Mr. Chairman.

Good afternoon, Judge Kavanaugh. As a federal judge, you’re aware of the jury instruction falsus in — in unibus (sic), falsus in omnibus, are you not? You’re aware of that jury instruction?

KAVANAUGH: Yes, I’m — I am.

BLUMENTHAL: You know what it means?

KAVANAUGH: You can translate it for me, senator. You can do it better than I can.

BLUMENTHAL: False in one thing, false in everything. Meaning in jury instructions that we — some of us as prosecutors have heard many times, is — told the jury that they can disbelieve a witness if they find them to be false in one thing.

So the core of why we’re here today really is credibility. Let me talk…

KAVANAUGH: But (ph) the core of why we’re here is an allegation for which the four witnesses present have all said it didn’t happen.

Observation:

• Judge Kavanaugh did not let the Senator complete the question
  

• Mentioning about that the four witnesses that the it (sexual Assault) did not happen may imply that Judge Kavanaugh want to hide his guit.
  

BLUMENTHAL: Let me ask you about Renate Dolphin who lives in Connecticut. She thought these yearbook statements were, quote, “Horrible, hurtful and simply untrue.” end quote, because Renate Alumnus clearly implied some boast of sexual conquest. And that’s the reason that you apologized to her, correct?

KAVANAUGH: That’s false, speaking about the yearbook and she — she said she and I never had any sexual interaction. So your question…

BLUMENTHAL: But…

KAVANAUGH: … your question is false and I’ve addressed that in the opening statement. And so, your question is based on a false premise and really does great harm to her. I don’t know why you’re bringing this up, frankly, doing great harm to her. By even bringing her name up here is really unfortunate.

Observation: Judge Kavanaugh relies on his opening statement. Question and cross questions are based upon the ‘Witness Statement’ if the witness statement is true,

BLUMENTHAL: Well, calling someone an alumnus in that way, was actually interpreted…

KAVANAUGH: Well, implying what you’re implying what you’re implying about…

Observation: Judge Kavanaugh did not let the Senator complete the question.

BLUMENTHAL: … by a number of your football friends at the time of boasting of sexual conquest. That’s the reason that I’m bringing it up. And it conflicts…

KAVANAUGH: Yes. No, it’s false.

BLUMENTHAL: … with…

KAVANAUGH: You’re implying that. Look what you’re bringing up right now about her. Look what you’re doing.

Observation: Again Judge Kavanaugh did not let the Senator complete the question.

BLUMENTHAL: … Mr. Chairman, I ask that…

KAVANAUGH: Don’t bring her name up.

Observation:

• Judge Kavanaugh again interrupted while the senator was addressing the chairman.
  

• Judge Kavanaugh is being ‘rude’ to say to the Senator:
  

Don’t bring her name up.

BLUMENTHAL: … these interruptions not be subtracted from my time.

GRASSLEY: Very well (ph). Ask your question and then let…

KAVANAUGH: She’s a great person. She’s always been a great person. We never had any sexual interaction. By bringing this up, you’re just — just dragging her through the mud. It’s just unnecessary.

Observation: Judge Kavanaugh made statement without question being asked by the Senator.

GRASSLEY: Proceed, Senator Blumenthal (ph).

BLUMENTHAL: Thank you, Mr. Chairman.

You’ve made reference, judge, to a sworn statement I believe by Mark Judge to the committee. Is that correct?

KAVANAUGH: I made reference to what Mark Judge’s lawyer sent to the committee.

BLUMENTHAL: You know (ph), it’s not a sworn statement, is it?

KAVANAUGH: It would — under penalty of felony.

BLUMENTHAL: Well, it’s a statement signed by his lawyer, Barbara Van Gelder. It is six cursory and conclusory sentences. Are you saying that that is a substitute for an investigation by the FBI or some interview by the FBI under oath?

KAVANAUGH: Under penalty of felony, he said that this kind of event didn’t happen and that I never did or would have done something like that. And…

BLUMENTHAL: As a federal judge, you always want the best evidence don’t you?

KAVANAUGH: … Senator, he has said and all the witnesses present — look at Ms. Keyser’s statement, she’s

Observation: Judge Kavanaugh did not answer the question.

BLUMENTHAL: Let me…

KAVANAUGH: Dr. Ford’s long-time friend…

Observation: Judge Kavanaugh did not let the Senator finish the question.

BLUMENTHAL: … let me move on to another topic. You’ve testified to this committee this morning — this afternoon, quote, “This whole two-week effort has been a calculated and orchestrated political hit, fuelled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups.”

Is it your testimony that the motivation of the courageous woman who sat where you did just a short time ago was revenge on behalf of a left-wing conspiracy or the Clintons?

KAVANAUGH: Senator, I said in my opening statement that she preferred confidentially. And her confidentially was — was destroyed by the actions of this committee.

Observation: Judge Kavanaugh did not answer the question.

BLUMENTHAL: Let me ask you this, in a speech that you gave at Yale you — you described, quote, “Falling out of the bus onto the front steps of the Yale Law School at 4:45 a.m.” and…

KAVANAUGH: I wasn’t…

Observation: Judge Kavanaugh did not let the Senator complete the question.

BLUMENTHAL: … then…

KAVANAUGH: … I wasn’t describing me. I organized…

BLUMENTHAL: … trying to…

KAVANAUGH: … Senator. Senator, let me finish, please. I organized a third-year end of school party for 30 of my classmates to rent a bus to go to Fenway Park in Boston, which was about a three-hour trip.

I bought all the tickets. You and I have discussed that before. I bought all the baseball tickets. I rented the bus. I organized the whole trip.

We went to Fenway Park. Roger Clemens was pitching for the Red Sox. We had a great time. George Brett was playing third base for the Royals — actually, he was playing left field that night. And he — and we went to the game, and got back, and then we went out. It was a great night of friendship.

BLUMENTHAL: I — I apologize for interrupting, judge, but I need to finish the quote before I ask you the question…

KAVANAUGH: I wasn’t talking about…

Observation: Again Judge Kavanaugh did not let the Senator complete the question.

BLUMENTHAL: … The quote ends…

GRASSLEY: OK, we’ll let (ph)…

BLUMENTHAL: … the quote ends that you tried to, quote, “piece things back together,” end quote, to recall what happened that night. Meaning…

KAVANAUGH: I know what happened.

Observation: Again Judge Kavanaugh did not let the Senator complete the question.

BLUMENTHAL: … Well, you…

GRASSLEY: Judge, let — will you quickly answer your question? And then I’m going to let him answer you…

KAVANAUGH: I know what — I know what happened that night.

Observation: Again Judge Kavanaugh did not let the Senator complete the question.

BLUMENTHAL: I’ll finish asking my question…

GRASSLEY: Please, go ahead…

BLUMENTHAL: … your honour (ph).

GRASSLEY: … but do it quickly.

BLUMENTHAL: Doesn’t that imply to you that you had to piece things back together, you had to ask others what happened that night?

KAVANAUGH: No, it…

GRASSLEY: OK. You — you take your time now and answer the question.

KAVANAUGH: … Yes.

GRASSLEY: And then, Senator Crapo.

KAVANAUGH: Definitely not. I know exactly what happened that night. It was a great night of fun. I was so happy that — it was great camaraderie. Everyone looks back fondly on the trip to Fenway Park. And then we went out together, a group of classmates. And I know exactly what happened the whole night. And I’m happy.

BLUMENTHAL: Judge, do you — do you believe Anita Hill?

GRASSLEY: Senator — Senator Crapo.

Observation: Chairman did not let Judge Kavanaugh answer the question which would have been in favour of Dr Ford.

GRAHAM?: (OFF-MIKE) Time is up (ph). Your time is up (ph).

GRASSLEY: Senator Crapo.

CRAPO: Thank you, Mr. Chairman.

And Judge Kavanaugh, first, I want to get into this whole question that’s been bandied back and forth here, almost endlessly today, about the FBI investigation process.

Because I think it’s — I want to follow up a little bit on what Senator Lee and Senator Sasse have referenced.

There’s been a lot of talk here about, “We need an FBI investigation.” In these processes, which you’ve been through a number of times now, when the FBI does a background check with regard to a nomination, could you quickly describe that for us? What does the FBI do?

KAVANAUGH: The FBI gathers statements from people who have information. They don’t resolve credibility, they gather the information and the credibility determination is made by the ultimate fact-finder, which in this case is the United States Senate.

The committee, of course, hears gathered evidence.

CRAPO: And the FBI then gives that report to the White House, if I understand it? And the White House then transfers it to the Senate? Is that the — the…

(CROSSTALK)

KAVANAUGH: That’s my understanding, yes.

CRAPO: … control? And as you indicated, it does not do then — it’s been said many times here today. The FBI does not make judgments, it gives the Senate committee information.

At that point in time, if I understand the process correctly, the Senate — the United States Senate Judiciary Committee — has legal authorities. If it receives information in an FBI report that it wants to further investigate, the Senate has legal authority to conduct a further investigation. Is that correct?

KAVANAUGH: That’s my understanding.

CRAPO: And that is what has been referenced here many times, about — how some of these witnesses that were identified in the very late information that we received, have made statements that are under penalty of felony. That’s a felony for lying to the Senate Judiciary Committee.

And as I understand it, what happens is, the Senate Judiciary Committee, which has authority under law to conduct those kinds of investigations, follows up on the FBI reports to finish out the investigation that it wants with regard to any information that it receives that needs further investigation. Is that your understanding of the process?

KAVANAUGH: That’s my understanding, Senator.

CRAPO: Now in this case, there’s been a lot of talk here today — and if I have time, I’ll get into it. It looks like I’ll run out of time — but in this case, there’s a lot of concern by many that there was not so much an interest in an FBI investigation as there was in delay.

I’m not going to get to that unless I have time. I want to talk about what happened in the Senate committee’s investigation. Because as I understand it — and this may be more of a question to the chairman — as soon as we received information, which was about 45 days after others on the committee received it, we conducted an investigation.

Is that correct, Mr. Chairman? I’m sorry to turn the questioning to you, but we began that legal Senate Judiciary Committee investigation.

GRASSLEY: Yes.

CRAPO: And that investigation involved our fully lawfully enabled investigators to conduct an investigation. And if I understand it correctly, the Democratic members of the committee refused to participate in that investigation.

GRASSLEY: Yes.

CRAPO: And so we have conducted the investigation. The very kinds of things that my colleagues on the other side are asking that we tell the FBI to do, this committee has the authority to do it and this committee does it, and this committee has done it.

Now there may be more demands for more interviews and more investigation. But when you, Judge Kavanaugh, have referenced the testimony that has come from those who were supposed — who were identified as — as being at this event, the testimony that has been received from them is information that has been received pursuant to a Senate committee investigation.

And I just think it should be made clear. I think there’s been a lot of back and forth here about, “Oh, we’re not getting information, we’re not looking at this. You don’t want to look into the investigation, you don’t want to see what happened.”

The reality is that this committee immediately and thoroughly investigated every witness that has been identified to us. And we have statements under penalty of felony from them.

So I just want to conclude with that. I got 45 seconds left, so I’m gonna just ask you one quick question. Again, on timing.

You had a meeting with Senator Feinstein on August 20th?

KAVANAUGH: It’s my understanding, yeah. Well — I had a meeting, and that’s my understanding of the date.

CRAPO: Of the date, yes. What was established earlier in testimony here today was that the ranking member’s staff helped to — helped Dr. Ford to retain the Katz law firm on — sometime between August — or July 30th and August 7th.

So I just wanted you to clarify one more time. In the meeting that you had two weeks or more later, this issue was not raised with you?

(CROSSTALK)

KAVANAUGH: The issue was not raised.

CRAPO: All right. Thank you. My time is up.

Observation: Senator Crapo did not take into account that there were many other witnesses who have not been examined and this is why Democrat Senators were asking for FBI investigation. Moreover, he did not gather the soul of Dr Ford’s statement and questions and answers.

GRASSLEY: We’ll take a five-minute break now.

(RECESS)

GRASSLEY: Hirono.

HIRONO: Thank you, Mr. Chairman. Judge Kavanaugh, my colleagues on the other side are accusing the democrats of some sort of political conspiracy, but that’s because they want us to distract – they want to distract us from what happened here this morning.

And what happened here this morning was that we heard from Dr. Christine Ford, who spoke to us, with quiet, raw, emotional power, about what happened to her. She said she was 100 percent certain that it was you who attacked her.

And she explained how she came forward, how she struggled with her decision, how she wanted the president to know so that he could make a better choice. So when you and my colleagues on the other accuse us of ambushing you with false charges, I think we all have to remember Dr. Ford’s testimony and her courage.

Let me go back to something you just said in your opening. You said you thought, at your first hearing, the democrats were an embarrassment. We asked you a lot of questions in those days, and which of our questions do you think were an embarrassment?

I asked you about dissents you had written as a judge, an amicus brief you wrote as a lawyer and your knowledge of sexual harassment and abuse by your close friend and mentor, Alex Kozinski, all valid questions in the setting. They are valid because this is a job interview for one of the most important positions of trust in this country.

And earlier, you agreed that this process of advice and consent is really a job interview, certainly not a criminal trial. There’s certainly no entitlement for you to be confirmed to the Supreme Court. Our credibility, character and candor of a nominee, things for us consider in your job interview?

KAVANAUGH: I think my whole life is subject to consideration.

HIRONO: Is that yes? Credibility, character and candor …

KAVANAUGH: My whole life …

Observation: Judge Kavanaugh did not let the Senator complete the question.

HIRONO: … are those specific traits that would be of interest to us, as we consider putting you, for life, on the highest court in the country? Credibility, character and candor.

KAVANAUGH: Of course. And as part of my whole life …

HIRONO: Thank you. Is temperament also an important trait for us to consider?

KAVANAUGH: For 12 years, everyone who has appeared before me on the D.C. Circuit has praised my judicial temperament. That’s why I have the well unanimous, well qualified rating from the American Bar Association and all of the people who have appeared before you…

Observation:

• The answer to the question should have yes.
  

• Does the temperament Judge Kavanaugh showed in reading his witness statement and answering the questions reflect:
  

For 12 years, everyone who has appeared before me on the D.C. Circuit has praised my judicial temperament. That’s why I have the well unanimous, well qualified rating from the American Bar Association and all of the people who have appeared before you…

HIRONO: So you agree that temperament is also an important factor for …

KAVANAUGH: Yes. And the federal public defender, who testified to the committee, talked about how I had – was always open-minded and how I ruled in favour of unpopular defendants, how I was fair-minded. I think, universally, lawyers who’ve appeared before the D.C. …

Observation: The answer should have been ‘Yes’ only that would have been sufficed. Unnecessary statements are made to kill 5 minutes of Senator’s time/

HIRONO: So the answer is yes. I am running out of time. You know, we only five minutes, so let me get to something else. In your Fox News interview, you said that you, quote, “always treated women with dignity and respect,” end quote, and that in high school you never, quote, “drank so much that you couldn’t remember what happened the night before.” Would you say the same thing about your college life?

KAVANAUGH: Yes.

HIRONO: So I’d like to read your statements from people who knew you in college. And as …

KAVANAUGH: Can I say one thing?

Observation: Judge Kavanaugh did not let the Senator complete the question.

HIRONO: … Senator Coons noted …

KAVANAUGH: OK.

Observation: Again interruption by Judge Kavanaugh.

HIRONO: … that James Roche said, your roommate, “Although Brett was normally reserved, he was a notably heavy drinker, even by the standards of the time. And he became aggressive and belligerent when he was drunk.” So is your former college roommate lying?

KAVANAUGH: I would refer you to what I said in the sealed or redacted portion about his relationship with the other two roommates, and I’m going to leave it at that. I will say – Senator, you were asking about college.

I got into Yale Law School. That’s the number one law school in the country. I had no connections there. I got there by busting my tail in college.

Observation: Judge Kavanaugh did not answer the question.

HIRONO: I feel insulted, as a Georgetown graduate.

(LAUGHTER)

KAVANAUGH: Excuse me?

HIRONO: But go on.

KAVANAUGH: I’m sorry. It’s ranked number one, that doesn’t mean it’s number one.

(LAUGHTER)

KAVANAUGH: And you know, in college – two things. A, I studied. I was in cross-campus library every night, and B, I played basketball for the junior varsity. I tried out for the varsity. The first day I arrived on campus, we had captain’s workouts.

I played basketball every day, all throughout – and then as soon as the season was over, in late February, captain’s workouts started again. I was obsessed with being …

HIRONO: So you were not …

KAVANAUGH: … the best basketball player.

Observation: Judge Kavanaugh did not answer the question about his drinking habits:

that James Roche said, your roommate, “Although Brett was normally reserved, he was a notably heavy drinker, even by the standards of the time. And he became aggressive and belligerent when he was drunk.” So is your former college roommate lying?

HIRONO: I only have 23 seconds. So you were not a “sloppy drunk,” and so, your roommate was lying.

KAVANAUGH: I will refer you – I will refer you, again, to the redacted portion. I’ll say, look at my academic record, and I don’t usually to talk about myself this way, but in response to your – you know, I – I – I worked very hard in college, in my studies, and I also played basketball, I did sports and I also did socialize.

Observation: Again Judge Kavanaugh did not reply the question.

HIRONO: OK, wait. Excuse me. I know that the chairman is going to stop me, but I do have some other references from people who knew you, who say that you were not the basic (inaudible) …

GRASSLEY: Your – your time is up.

HIRONO: … but – hold on. I’m sorry, Mr. Chairman.

GRASSLEY: Senator – Senator Tillis.

HIRONO: I would like to – Mr. Chairman, OK, I’ll wait until we finish because I just want to enter some letters into the record.

GRASSLEY: Oh, yes. I wasn’t …

HIRONO: Could I do that?

GRASSLEY: … clear that’s what you were doing.

HIRONO: It’s not a question. I could go on. But Mr. Chairman, I’d like to enter into the record four letters – one is, dated September 18, 2018, to you, from all of the democrats on this committee, another is – another is a letter, dated September 18, to Christopher Wray, the director of the FBI and Don McGahn, council to the president, signed by all the democrats on this committee, a September 21 letter signed by Chuck Schumer and Dianne Feinstein to the president, and a September 26 letter signed by all the democrats on this committee, all requesting an FBI investigation because you did say all we have to do is ask.

And the implication being that if we ask, an investigation will happen and it certainly has not happened. Thank you, Mr. Chairman.

GRASSLEY: Without objection, that will be included. Senator Tillis.

TILLIS: Thank you, Mr. Chairman. Judge Kavanaugh, thank you again for being here. And I apologize for what you’re going through right now. I can’t imagine it. I’ve gone through a campaign and had a lot of smears, but it pales in comparison to what you’ve had to deal with.

I think one thing – one point that I’d like to make, from the onset. If we go back and review how this committee processes work, we’ve got a lot of work to do. We’ve had members take it on themselves to release committee confidential documents instead of respecting the process.

We’ve had an allegation held for nearly seven weeks that would’ve given us plenty of time to investigate, and then when we finally got the information, I invite everybody, particularly the American public, there is an investigation going on. And a lot of it’s been documented.

There’s a chronology on the website that says that each and every time an allegation was made, the staff followed up on it. And sadly, in several different instances, the democrats declined to participate. They listened in on at least one interview with you, didn’t ask a single question.

If they wanted to find other leads and other things to do, why not ask, if you’re really trying to get to the facts, if you’re really trying to do your job to investigate? We’re investigating, it’s our job. I think in response to the ranking member’s questions that Judge Kavanaugh said, “I’m here, you’re asking me questions.” But you know what?

When the committee staff, I assume, directed by the ranking member says, no, we’re not going to ask questions to Judge Kavanaugh when he wanted to come in and clear his good name.

What are you really after? You may not be after the truth, maybe you are. Maybe you’re after executing some sort of a political agenda. Maybe it’s a mix of both.

But I think you’ve been treated unfairly and I’m amazed that after 32-hours of testimony, one and a half hours I sat in the room, that none of these questions came up when it was all fully known. Lawyered up, as a matter of fact.

I also want to go back to the comments this morning. I think I heard — and we can go back to the record if someone disagrees with me — I think I heard Dr. — Dr. Ford say that she wasn’t aware of the fact that we said we’d come to California. We’d make it confidential. We’ll completely depose and ask any questions you want to.

I think I heard her say she wasn’t aware of that. I don’t know where that came with counsel (ph) or whether counsel just neglected to tell her — her counsel.

But the fact of the matter is that offer was out there. We were moving heaven and earth and even moving the schedule to get to the schedule to get to the truth. We’re doing an investigation. We’re doing our level best.

I hope that the American people who are watching this will go out to the Senate Judiciary website and take a look at this chronology. Take a look at the lack of investigation on the part of the people who want the investigation. It doesn’t make a lot of sense.

Every opportunity you have to go and question a witness. Every opportunity that we’ve had to find more truth, to find more facts, we’ve done it. It’s documented. We’ve got sworn statements. We’re doing our job. We’re doing the committee work.

Judge Kavanaugh, I also have to say I believe you’re a part of — you’re — you’re the first major target of a new strategy that’s developed here. And I think you’re right. I think it’s just basically attack, attack, attack. It’s not advise and consent; it’s search and destroy.

And maybe one of the best evidence of this is one of the websites — one of the groups that are out there, attacking you and trying to create fodder and all of these red herrings, has already acquired a URL for the next judge that they’re going to attack.

URL’s right here. They’ve already purchased it. They’re ready to go. This is the playbook. This is the way we’re going to run this committee from this point forward? Take a look at it. I’ll — I’ll make sure we get it out on our website.

We’ve already got a stop another judge who hasn’t been nominated URL, from the same people that are trying to mobilize people to attack you. There are some people here who may sincerely have concerns.

I would tell you to pound the table with your ranking member and the leadership on your side to say: why didn’t we ask questions? Why did we listen in and differ? Why didn’t we do our part of the investigation while this leader did everything he could to accommodate Dr. Ford and to run down every single lead that’s been presented to us weeks after it was known to the minority?

I look forward to supporting your conformation. I believe that you’re going to be on the bench. You know as Senator Cornyn said, these are allegations that can be pursued through the courts if they actually rise to a level to where they can be prosecuted. And everybody on the other side of this dais knows that that’s not going to happen.

Observation: In short the Republican Senators are beating about the bush.

GRASSLEY: Senator Booker.

BOOKER: Judge Kavanaugh, you drank on weekdays as well in high school, not just weekends. Is that correct?

KAVANAUGH: Weekdays?

BOOKER: Yes, sir.

KAVANAUGH: I’d say that’s rare. Are you talking about during the school year?

BOOKER: I’m — I’m talking about the calendars that you provided during these dates.

KAVANAUGH: Oh, that’s in the — in the summer after a football work out when we went over to…

BOOKER: You drank on weekdays, yes or no, sir?

KAVANAUGH: … In the summer when we went over to Timmy’s house (ph) on July 1st, that would indicate, yes.

Observation: Judge Kavanaugh is wasting Senator’s 5 minutes time. The answer to the question should have been ‘Yes’ or ‘No’ if he drank during weekdays.

BOOKER: Yes, in other words, that — that July 1st reference to skis — went over for skis — that’s brewskis, correct?

KAVANAUGH: And after Tobin’s (ph)…

Observation: Again Judge Kavanaugh consuming time .

BOOKER: Sir — sir, I just need a yes or no. That — brewskis, right?

KAVANAUGH: … Well, I need to explain context.

BOOKER: You just said sir that you drank on weekdays. That’s all I was looking for.

KAVANAUGH: Well, no, that’s — you’re…

BOOKER: If I may — if I may ask — if I may ask the next question, sir? You said clearly on the record, I just want you to restate it that you never in your life, after drinking heavily to the point of throwing up — and, again, you said you had a weak stomach — you said you never had gaps in memories. Never had any loses what so ever. Never had foggy recollection about what happened. Is that correct, sir, yes or no?

KAVANAUGH: … That’s — that’s what I said.

BOOKER: OK. Sir, you also said that this past two week — this past two weeks has been a two-week effort calculated and orchestrated as a political hit.

Are you saying that Dr. Ford’s efforts to come forward, to prepare for the very difficult testimony she gave today, to travel to Washington, D.C. and tell us about her experience, have all been part of an orchestrated political hit? And — and are you basically calling her some kind of political operative?

KAVANAUGH: I’ve — I’ve said my family has no ill will toward Dr. Ford. She wanted confidentiality. Her confidentiality was blown by the actions of this committee. And it’s caused — it’s turned this into a circus…

Observation: Judge Kavanaugh did not answer that how it was a political operative. He diverted that he has no ill feeling about Dr Ford.

BOOKER: So sir, let’s just be clear. In other words, your — your — you have problems with the senators that are up here and how we conducted it; but, you’re not saying in any way that she is a political pawn, political operative. You have sympathy for her. She is talking about a sexual assault. Is that correct?

KAVANAUGH: … I said all allegations should be taken seriously, should listen to both sides…

BOOKER: OK. Do you — do you — do you wish…

KAVANAUGH: … My family has no ill will toward her.

Observation: Judge Kavanaugh made statement irrelevant to the subject matter.

BOOKER: … Thank you, sir. Do you wish that she never came forward?

KAVANAUGH: Senator, I did not do this. The witnesses…

BOOKER: That — that’s not my question, sir. Could you try to answer my question, sir? Do you wish she never came forward?

KAVANAUGH: … The witnesses who were there say it didn’t happen.

Observation: Judge Kavanaugh evaded answering the question.

BOOKER: OK, sir. Do you wish she would’ve just remained silent then?

KAVANAUGH: I wish — the witnesses who were there say it didn’t happen. All allegations should be taken seriously.

Observation: Again Judge Kavanaugh evaded to answer the question.

BOOKER: So — so even if it’s in the final days — days before a vote, if someone has a credible allegation of experience that they held for a long time, that person should be allowed to come forward. And in fact, as she said, it was her civic duty. You’re not questioning her sense of civic duty are you?

KAVANAUGH: She did come forward and then the — then the — it was…

Observation: In short, Judge does not want to answer that: Yes! She should have come to testify.

BOOKER: I know you have a lot of political animus, you’ve stated it very clearly towards my colleagues and I on this panel. What I — what I’m trying to get to the bottom of is you — you do not see her, specifically, as part of an orchestrated event…

Observation: Judge Kavanaugh did not let the Senator complete his question

KAVANAUGH: I…

BOOKER: … she’s not a political pawn.

KAVANAUGH: … I don’t know her. But I’ve also said that we bear no ill will toward her. She wanted confidentiality. This could have been handled…

Observation: Judge Kavanaugh does not want to accept that he considered her political pawn.

BOOKER: And — and — and I understand. But she came forward. She took a great extent…

KAVANAUGH: Yes.

BOOKER: … Your family has gone through hell. Her family has gone through hell. She sat here, she told her truth. And — and you made the allegation that she was coordinating it. I do not think she was coordinating with her therapist…

KAVANAUGH: I — I did not say that — that’s…

BOOKER: … You said — I’m sorry. So you said that others were making a coordinated…

KAVANAUGH: … Coordinated by people in this room.

BOOKER: … Forgive me. You were talking about us and not her. So she was not — she was not doing this for a political effort in 2012 when talked to her therapist about this attack. She was not coordinating about this painful — when she made — painful experience when she made revelations to her husband.

She did coordinate in 2013, ’16, 2017, before you were even nominated when she revealed that it was you — with three different people — that had sexually assaulted her. That wasn’t coordination. And (inaudible)…

KAVANAUGH: All the witnesses who were there say it didn’t happen. Ms. Keyser’s her long time friend, said she never saw me at a party with or without Dr. Ford…

Observation: Judge Kavanaugh did not answer the question of the subject matter.

BOOKER: Sir — sir, and Ms. Keyser has said clearly, and I will quote what she said, she said she does not remember the night in question that — that — that supports what you said. But she also says that she believes Dr. Ford.

And so my — my colleague Lindsey Graham, who I — I respect, and have admiration to and has been a partner of mine. He said voting no would be legitimizing the most despicable thing in American politics.

Do you think that people who believe Dr. Ford are — are legitimizing despicable things? Those of us who think she’s a credible witness, the allegations against her (ph) are credible. Do you think that somehow we are engaging in something that’s despicable?

KAVANAUGH: Senator, I — I say listen to both sides before you make a bottom-line conclusion. And look at the…

BOOKER: That is fair.

KAVANAUGH: Look at the…

BOOKER: I — I have 10 seconds left, sir. You can answer after I finish, I have 10 seconds left. That is fair. Listen to both sides, this is not about somebody — one side being despicable, the other side not.

Listen to both sides. She was a credible — I’m — I’m — let me finish my question, you can answer — she — she gave credible, meaningful testimony, a woman who had the courage to come forward and tell her truth, sir.

And — and that’s what I’m just asking you, is say she is not a political pawn. She is not orchestrating, she is not part of the Clinton’s efforts to get some kind of revenge. She is a woman who came here with corroborating evidence to tell her truth.

KAVANAUGH: Is that a question?

BOOKER: No, sir. It was a final statement.

GRASSLEY: Senator Cruz…

BOOKER: Just on one thing, Mr. Chairman…

GRASSLEY: Yes.

BOOKER: That the evidence is not corroborated at the time. The witnesses who are there say it didn’t happen.

GRASSLEY: Senator Cruz.

CRUZ: Thank you, Mr. Chairman. Judge Kavanaugh, you and your family have been treated incredibly poorly by Senate Democrats and by the media. And let me say also I think Dr. Ford and her family have been treated incredibly poorly by Senate Democrats and the media.

You have both seen your good names dragged through the mud. And this has been sadly one of the most shameful chapters in the history of the United States Senate. Let me say to you and your family, thank you for a lifetime of public service.

I will say watching your mother’s pained face has been heart-wrenching as she’s seen her son’s character dragged through the mud after not only your lifetime of public service but her lifetime of public service as well.

And I know as a father, there’s been nothing more painful to you then talking to your daughters and explaining these attacks that the media is airing. I also believe though that the American people are fair minded people that the American people can set aside the partisan warfare of Washington and look to substance and facts. And that is the charge of this committee.

Now there have been three different sets of allegations that have dominated the media.

I think it’s important to note that two of those sets of allegations had so little corroboration that even the New York Times, which is no conservative outlet, refused to report on them because they could find no basis for them.

And it was striking in this entire hearing that not a single Democrat in this committee asked about two sets of those allegations, Ms. Ramirez’s allegations and the allegations of the client of Mr. Avenatti, not a single Democrat.

I don’t know if they were just too embarrassed. Mr. Avenatti’s allegations were s scandalous that the ranking member omitted his client’s most scandalous accusations of you as a criminal mastermind essentially, omitted those scandalous accusations from a statement.

This hearing has focused rightly so on the allegations Dr. Ford presented. And let me say, I think the committee did the right thing in giving Dr. Ford a full and fair opportunity to tell her story. That’s what we needed to do when these allegations became public.

And the committee treated her with respect, as we should.

Observation: If Republican Senators had treated Dr Ford with respect then they should have believed he that she has been sexually assaulted by Judge Kavanaugh 36 years ago.

I do not believe Senate Democrats have treated you with respect. What do we know? We know that her testimony and your testimony are in conflict.

A fair-minded assessor of facts would then look to, “What else do we know when you have conflicting testimony?” Well we know that Dr. Ford identified three fact witnesses who she said observed what occurred. All three of those fact witnesses have stated on the record under penalty of perjury that they do not recall what she is alleging happening.

They have not only not — not corroborated her charges; they have explicitly refuted her charges. That’s significant to a fair-minded fact finder.

In addition, you’ve walked through before this committee your calendars from the time. Now I will say you were a much more organized teenager than I was and than many of us were, but it was a compelling recitation of night-by-night-by-night where you were in the summer of 1982. That is yet another contemporaneous piece of fact to assess what happened.

And we also know that the Democrats on this committee engaged in a profoundly unfair process. The ranking member had these allegations on July 30th and for 60 days — that was 60 days ago — the ranking member did not refer it to the FBI for an investigation. The ranking member did not refer it to the full committee for an investigation. The ranking member — this committee could have investigated those claims in a confidential way that respected Dr. Ford’s privacy.

Observation: Likewise other Republican Senators, Senator Cruz is also beating about the bush.

And some of the most significant testimony we heard this morning is Dr. Ford told this committee that the only people to whom she gave her letter were her attorneys, the ranking member, and her member of Congress. And she stated that she and her attorneys did not release the letter, which means the only people that could have released that — that letter were either the ranking member and her staff or the Democratic member of Congress, because Dr. Ford told this committee those are the only people who had it.

That is not a fair process and we should look to the facts, not anonymous innuendo and slander.

FEINSTEIN: Mr. Chairman, I ask for a point of personal privilege to respond.

GRASSLEY: Proceed.

FEINSTEIN: Mr. Chairman, let me be clear: I did not hide Dr. Ford’s allegations. I did not leak her story. She asked me to hold it confidential and I kept it confidential as she asked. She apparently was stalked by the press, felt that what happened — she was forced to come forward, and her greatest fear were realized — was realized. She’s been harassed, she’s had death threats, and she’s had to flee her home.

In a — in addition, the investigation that the Republican majority is heralding is really nothing that I know about other than a partisan practice. Normally all the witnesses would be interviewed. However, that’s not happened. While the majority has reached out to several people, they did not notify me or my staff that they were doing this, and so to argue that we would not participate but not tell us what they were up to is somewhat disingenuous.

I was given some information by a woman who was very much afraid, who asked that it be held confidential and I held it confidential until she decided that she would come forward.

CORNYN: Mr. Chairman, would — would the ranking member answer a question, please?

FEINSTEIN: If I can.

CORNYN: I — I have great respect for Senator Feinstein. We’ve worked together on many topics, and I believe what you just said. Can you tell us that your staff did not leak it?

FEINSTEIN: Oh, I don’t believe my staff would leak it. I have not asked that question directly, but I do not believe they would.

CORNYN: You — you — you know that? I mean, how in the world could that get in the hands of the — of the press unless…

FEINSTEIN: The answer is no. The staff said they did not (ph).

CORNYN: Have you — have you asked you — have you asked your staff or other staffers on the Judiciary Committee?

FEINSTEIN: I just did. They — they — pardon me?

(UNKNOWN): You’ve asked me before.

FEINSTEIN: Well, Jennifer (ph) reminds me I’ve asked her before about it, and that’s true.

CORNYN: Well someone — well somebody leaked it. If it wasn’t you…

FEINSTEIN: Well it was — I — I’m telling you, it was not — I did not. I mean, I was asked to keep it confidential, and — and I’m criticized for that too.

CRUZ: Mr. Chairman, could I ask the chairman a question? Which is does the committee have a process, if there is an allegation against any nominee, to assess that allegation in a confidential forum rather than in the public — since Dr. Ford requested that it be kept confidential, is there a process for the committee for considering confidential allegations?

GRASSLEY: Yes. Yes it’s — and the answer is yes, and I sent — Senator Tillis pointed out the document that I put out to show of all the things that we’ve done along the lines of your question.

CRUZ: And Mr. Chairman, what would you have done if, on July 30th, the ranking member had — had raised this allegation with you? As the chairman of this committee, how would you have handled that (ph)?

GRASSLEY: We would have done like we have done with every background — or, let’s say FBI report that comes from the White House with a nominee, and then subsequent to that, because maybe the FBI got done with it three months ago, we do through the FBI or information comes to us, then we have our investigators, in a bipartisan way, both the Republicans and the Democrats, follow up on those — whatever those questions are or those problems that have to be worked out.

CRUZ: So bipartisan investigators could have investigated this two months ago and it could have been heard in a confidential setting without Dr. Ford’s name or Judge Kavanaugh’s name being dragged through the mud. Is that correct?

GRASSLEY: And except — and except for one or two conversations that we had with the judge through our investigators, Democrats didn’t participate except in those two, but in those two — or, one or two, they didn’t ask any questions.

CRUZ: Thank you, Mr. Chairman.

GRASSLEY: I want to…

FEINSTEIN: Mr. Chairman…

GRASSLEY: Yes, go ahead.

FEINSTEIN: May I — may I — may I respond? It’s my understanding that her story was leaked before the letter became public. And she testified that she had spoken to her friends about it and it’s most likely that that’s how the story leaked and that she had been asked by press. But it did not leak from us, I assure you of that.

CORNYN: Well Mr. — Mr. Chairman, I — I’m a little confused. I thought only the member of the House and Senator Feinstein and her lawyers had the letter, so her friends she might have talked to about it couldn’t leak the letter if they just had a verbal conversation, unless she gave them a copy of the letter.

FEINSTEIN: Senator, I don’t think the letter was ever leaked.

CORNYN: Well how in — how did the press know to contact her about her complaint?

FEINSTEIN: She — apparently she testified here this morning that she had talked to friends about it, and the press had talked to her.

Observation: It appears that Republicans are of the view that Dr Ford should not have exposed that Judge Kavanaugh assaulted her sexually and kept it to herself. But it would have been treacherous element not to highlight the action of the person who is going to be on the highest US court for life and be part of the decisions which regulate the lives of American people.

GRASSLEY: Senator — or, Judge, since there was some reference to the problems — the legitimate problems and the — and the change of lifestyle that Dr. Ford, if you want some time to say the impact on your family, I’d be glad to hear you. If you don’t want to talk about it, that’s OK.

KAVANAUGH: I’ve — I’ve talked about that, Mr. Chairman.

Observation: Sensible answer.

GRASSLEY: OK, then Senator Harris.

HARRIS: Thank you. Judge Kavanaugh, have you taken a professionally administered polygraph test, as it relates to this issue?

KAVANAUGH: No, the — I’ll do whatever the committee wants. Of course, those are not admissible in Federal court, but I’ll do whatever the committee wants, they’re not admissible in Federal court because they’re not reliable —

Observation: Judge Kavanaugh puts the ball in Committee’s court. Whether polygraph test are not admissible in the Federal court to prove his innocence he should have agreed for polygraph test. Moreover, it was not Federal court. The polygraph test would have been to judge his credibility.

HARRIS: Thank you — thank you.

KAVANAUGH: As you know.

HARRIS: So you’ve not taken one?

KAVANAUGH: Right.

HARRIS: All three of the women who have made sworn allegations against you have called for an independent FBI investigation in to the claims. You’ve been asked during the course of this hearing — by four different members by my count, at least eight times today, and also earlier this week on national television whether you would call for the White House to authorize an FBI investigation.

Each time you have declined to do so. Now you know, I know you do — that the FBI is an agency of men and women who are sworn and trained law enforcement who in the course of conducting background investigations on nominees for the Supreme Court of the United States and others, are charged with conducting those background investigations because they are sworn law enforcement and they have the expertise and the ability and the history of doing that.

So I’m going to ask you one last time, are you willing to ask the White House to authorize the FBI to investigate the claims that have been made against you?

KAVANAUGH: I’ll do whatever the committee wants, of course —

Observation: Again Judge Kavanaugh puts the ball in Committee’s court.

HARRIS: And I’ve heard you say that —

.

KAVANAUGH: The witness statements —

Observation: Judge Kavanaugh did not let the Senator complete the question.

HARRIS: But I’ve not heard you answer a very specific question that’s been asked, which is, are you willing to ask the White House to conduct an investigation by the FBI to get to whatever you believe is the bottom of the allegations that have been levied against you?

KAVANAUGH: The FBI would gather witness statements, you have witness statements —

Observation: Judge Kavanaugh evaded to answer the Question.

HARRIS: Sir, it’s — I don’t want to debate with you how they do their business, I’m just asking are you willing to ask the White House to conduct such an investigation? Because as you are aware, the FBI did conduct a background investigation in to you, before we were aware of these most recent allegations. So are you willing to ask the White House to do it — and say yes or no and then we can move on.

KAVANAUGH: I’ve had six background investigations over 26 years —

Observation: Judge Kavanaugh evaded answering the Question.

HARRIS: Sir, as it relates to the recent allegations are you willing to have them do it?

KAVANAUGH: The witness testimonies before you know a witness who was there, supports that I was there —

Observation: Judge Kavanaugh evaded to answer the Question.

HARRIS: OK, I’m going to take that as a no and we can move on. You have said in your opening statement, you characterized these allegations as a conspiracy directed against you. I’ll point out to you that Judge — Justice now, Neil Gorsuch was nominated by this president.

He was considered by this body, just last year. I did a rough kind of analysis of similarities — you both attended Georgetown Prep, you both attended very prestigious law schools, you both clerked for Justice Kennedy, you were both circuit judges, you were both nominated to the Supreme Court, you were both questioned about your record — the only difference is that you have been accused of sexual assault.

How do you reconcile your statement about a conspiracy against you with the treatment of someone who was before this body not very long ago?

KAVANAUGH: I explained that in my opening statement, Senator. Look at the evidence here, the calendars, look at the witness statements, look at Ms. Keyser’s statement.

Observation: Judge Kavanaugh evaded answering the Question.

HARRIS: OK. And then, do you agree that it is possible for men to both be friends with some women, and treat other women badly?

KAVANAUGH: Of course, but the point I’ve been emphasizing and that is if you go back to age 14 for me — you will find people, and not just people, lots of people who I’ve been friends with. Some of whom are in this room today, starting at age 14, women. And who’ve talked about my friendships with them through my whole life, and it’s a consistent (ph) pattern all the way through.

Sixty-five women, who knew me more than 35 years ago, signed a letter to support me after the allegation was made because they know me, and they were with me, and we grew up together, we talked on the phone together and we went to events together. That is who I am.

What the people who worked with me in the Bush White House, the — the women there, look at what Sarah Day said in CentralMaine.com. Look at the — what the law clerks — I have sent more women law clerks to the Supreme Court than any other federal judge in the country.

Observation: Judge Kavanaugh evaded to answer the Question. He is supporting his credibility based on the opinion of the people who have been his friends or worked for him,

HARRIS: I only have a few seconds left and I’ll just ask you a direct question. Did you watch Dr. Ford’s testimony?

KAVANAUGH: I did not. I plan to…

Observations:

• In his interview with Fox news Judge Kavanaugh answered the question:
  

  MS. MacCALLUM: Do you feel unprotected by the process?
  

  Judge Kavanaugh! Fair process means hearing from both sides
  

• In a court of law both parties: Plaintiff and defendant listen to the witness statement of each other. The idea behind listening to each other’s witness statement is that if either of the party has forgotten some facts, he will be reminded.
  

• As Judge Kavanaugh expressed his view that:
  

Fair process means hearing from both sides

• He must have listened to the testimony of Dr Ford and also questions and answer session of Dr Ford.
  

• Question arises did Judge Kavanaugh’s father, mother and wife listened to Dr Ford’s testimony and question and answer session? If not. Why not. And if they did what view they formed if Dr Ford is telling the truth.
  

HARRIS: Thank you, I have nothing else…

KAVANAUGH: … I plan to…

HARRIS: … Thank you.

KAVANAUGH: … I plan to. But I did not because I was preparing mine.

Observations: it appears to Judge Kavanaugh’s lame excuse. He had prepared his witness statement. He said in his witness statement:

KAVANAUGH: Mr. Chairman, Ranking Member Feinstein, members of the committee, thank you for allowing me to make my statement. I wrote it myself yesterday afternoon and evening. No one has seen a draft, or it, except for one of my former law clerks. This is my statement.

GRASSLEY: Our last five minutes will be, Senator Flake, one minute.

FLAKE: Yes.

GRASSLEY: And Senator Kennedy, four minutes.

FLAKE: Thank you, Mr. Chairman.

When Dr. Ford came forward with her account, I immediately said that she should be heard and asked the chairman to delay the vote that we had scheduled. And the chairman did, and I appreciate that. She came, at great difficulty for her, and offered compelling testimony.

You have come and done the same. I am sorry for what’s happened to you and your family, as I’m sorry for what has happened to hers. This is not a good process but it’s all we’ve got.

And I would just urge my colleagues to recognize that, in the end, we are 21 very imperfect senators trying to do our best to provide advice and consent. And in the end, there is likely to be as much doubt as certainty going out of this room today.

And that, as we make decisions going forward, I — I hope that people will recognize that. And in the rhetoric that we use and the language that we use going forward that we’ll recognize that, that there is doubt, we’ll never move beyond that. And — and just have a little humility on that front.

So thank you.

GRASSLEY: Thank you, Senator Flake.

Now, Senator Kennedy.

KENNEDY: I’m — I’m sorry, judge, for what you and your family have been through. And I’m sorry for what Dr. Ford and her family have been through. It could have been avoided.

Do you believe in God?

KAVANAUGH: I do.

KENNEDY: I’m going to give you a last opportunity, right here, right in front of God and country. I want you to look me in the eye. Are Dr. Ford’s allegations true?

KAVANAUGH: They are not as to me. I have not questioned that she might have been sexually assaulted at some point in her life by someone, someplace. But as to me, I’ve never done this; never done this to her or to anyone else.

And I’ve talked to you about what I was doing that summer of 1982. But I’m telling you I’ve never done this to anyone, including her.

Observation: Judge Kavanaugh’s answer to the question should have been simply: No. Unnecessary statement imply that he is trying to hide the facts.

KENNEDY: Are Ms. Ramirez’s allegations about you true?

KAVANAUGH: Those are not. She — no — no — none of the witnesses in the room support that. The — if that — that had happened, that would have been the talk of campus in our freshman dorm.

Observations:

• Again Judge Kavanaugh’s answer to the question should have been simply: No. Unnecessary statement implies that he is trying to hide the facts.
  

• In this scientific age such incidents are normal part of life. So it is wrong to assume that if such incident had had happened it would have been talk of the Campus.
  

The New York Times reported that as recently as last week, she was calling other classmates seeking to — well, I’m not going to characterize it — but calling classmates last week and just seemed very — I’ll just stop there. But that’s not true. That’s not true.

KENNEDY: Are Ms. Swetnick’s allegations, made by Mr. Avenatti about you, true?

KAVANAUGH: Those are not true. Never met her, don’t know who she is. There’s this (ph) — a letter released within two hours of that breaking yesterday, from I think 60 people who knew me in high school. Men and women, who said it was — their word’s nonsense — totally, you know, the whole thing that — totally ridiculous.

Observation: Judge Kavanaugh’s answer: “Those are not true” would have been enough. Unnecessary statement implies that he is trying to hide the facts.

KENNEDY: None of these allegations are true?

KAVANAUGH: Correct.

KENNEDY: No doubt in your mind?

KAVANAUGH: Zero, I’m 100 percent certain.

KENNEDY: Not even a scintilla?

KAVANAUGH: Not a scintilla; 100 percent certain, senator.

KENNEDY: You swear to God?

KAVANAUGH: I swear to God.

KENNEDY: That’s all I have, judge.

GRASSLEY: Judge Kavanaugh, thank you very much.

Hearing adjourned.

END

Wass’a’lam

[May Allah Bless You]

Naseer Aziz

Principal Call for Peace