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  • Conservative media run with flawed FBI investigation and GOP's spin to vindicate Kavanaugh

    Blog ››› ››› ZACHARY PLEAT & TIMOTHY JOHNSON


    Melissa Joskow / Media Matters

    Conservative media are hyping claims from the White House and Senate Judiciary Committee Chairman Sen. Chuck Grassley (R-IA) that the results of an FBI investigation into Supreme Court nominee Brett Kavanaugh do not corroborate multiple women’s accounts that he sexually assaulted them while at the same time attacking anyone who pointed out flaws in the investigation. The FBI investigation was extremely limited in scope and time; did not include interviews of Kavanaugh, Christine Blasey Ford, or approximately 40 others who say they tried to talk to the FBI but couldn’t get through; and did not look into the likelihood that Kavanaugh lied in his Senate testimony. Ford, whose report that Kavanaugh sexually assaulted her in high school is central to determining Kavanaugh’s fitness for the Supreme Court, offered to speak with the FBI, but was rebuffed.

    Trump and Senate Republicans purposely limited the scope of the FBI investigation

    The FBI was initially authorized by the Trump administration and Senate Republicans to interview just four people. From The New York Times:

    Mr. Trump ordered the one-week F.B.I. investigation on Friday after Senator Jeff Flake, Republican of Arizona and a key swing vote, insisted the allegations be examined before he committed to voting to confirm Judge Kavanaugh. But the White House and Senate Republicans gave the F.B.I. a list of only four people to question: Ms. Ramirez and Mark Judge, P.J. Smyth and Leland Keyser, three people Dr. Blasey identified as being at the house where she said Judge Kavanaugh sexually assaulted her when they were teenagers. [The New York Times, 10/1/18]

    Trump later reportedly authorized the FBI to interview more witnesses, but still kept it limited by an arbitrary deadline. From The New York Times:

    The White House authorized the F.B.I. to expand its abbreviated investigation into sexual misconduct allegations against Judge Brett M. Kavanaugh by interviewing anyone it deems necessary as long as the review is finished by the end of the week, according to two people briefed on the matter.

    At an event on Monday celebrating a new trade deal with Canada and Mexico, President Trump said he instructed his White House counsel, Donald F. McGahn II, over the weekend to instruct the F.B.I. to carry out an open investigation, but the president included the caveat that the inquiry should accommodate the desires of Senate Republicans.

    The new directive came after a backlash from Democrats, who criticized the White House for limiting the scope of the bureau’s investigation into Judge Kavanaugh, Mr. Trump’s nominee for the Supreme Court. The F.B.I. has already interviewed the four witnesses it was originally asked to question, and on Monday it reached out to others. [The New York Times, 10/1/18]

    In the end, only 10 witnesses were reportedly interviewed. [Twitter, 10/4/18]

    The investigation finished within only a few days. CNN reported that the White House sent the information gleaned from the investigation to the Senate on the morning of October 4, just days after the investigation was set into motion on September 28. [CNN, 10/4/18]

    The FBI reportedly did not investigate whether Kavanaugh lied to the Senate. New York magazine’s The Cut noted that, according to Sen. Bernie Sanders (I-VT), the FBI did not investigate whether Kavanaugh perjured himself by lying about his high school and college behavior:

    What’s not being investigated is Kavanaugh’s behavior in high school and college, which his classmates say was defined by partying and drinking to excess, at which point the SCOTUS nominee would allegedly become “aggressive” —accounts that drastically differ from those Kavanaugh offered while under oath. Some senators, including Bernie Sanders, have raised concern over the FBI’s apparent disregard for the likelihood that Kavanaugh may have perjured himself.

    “The FBI investigation of Brett Kavanaugh must include a review of his numerous untruthful statements in his previous testimony before Congress,” Sanders tweeted. “Lying to Congress is a federal crime.” He then outlined the numerous examples in which Kavanaugh appears to have lied under oath. [The Cut, 10/3/18]

    Neither Kavanaugh nor Ford were interviewed by the FBI. Kavanaugh repeatedly lied under oath about his behavior in high school and college, but he didn’t have to defend his statements during an FBI interview. Ford sought to speak with the FBI, but was turned down. From Vox:

    Notably, Ford and Kavanaugh are both not yet on the list of people that the FBI has interviewed. A spokesperson for Ford’s attorneys said she had still not been contacted by the FBI as of early Wednesday afternoon.

    “We have received no response from anyone involved in this investigation, and no response to our offer for Dr. Ford to be interviewed,” Ford’s attorneys emphasized in a Tuesday letter to FBI Director Christopher Wray. “This afternoon, we learned of media reports that the FBI does not intend to interview either Dr. Ford or Judge Kavanaugh. We hope that this reporting is inaccurate.”

    There could be a crucial reason for their omission from the investigation. Sources have told Bloomberg that the FBI has not done interviews with Ford or Kavanaugh because the White House hasn’t granted it the authority to conduct them. [Vox, 10/3/18]

    NBC News: “More than 40 people with potential information into the sexual misconduct allegations against Kavanaugh have not been contacted by the FBI.” [NBC News, 10/4/18]

    Legal and criminal experts explain that conditions Trump placed upon the FBI investigation make it a sham

    Chris Kang, former Obama administration deputy counsel: “President Trump and Senate Republicans are turning this much-needed FBI investigation into a sham. … The entire investigation must be made public, so the American people can know which witnesses were interviewed and whether the FBI was able to follow a full range of questioning, including regarding Kavanaugh's candor and credibility.” [The Leadership Conference on Civil and Human Rights, 10/3/18]

    Mike Zubrensky, former deputy assistant attorney general at DOJ Office of Legal Counsel: “The investigation of Kavanaugh’s alleged sexual misconduct is far too serious for a rigged process. … Senator Flake and his Senate colleagues must insist that McConnell respect the confirmation process. And they should demand that the FBI take the time it needs to conduct a thorough and meaningful investigation.” [The Leadership Conference on Civil and Human Rights, 10/3/18]

    Frank Figliuzzi, former FBI assistant director for counterintelligence: “Existing background investigation protocols between the White House and the FBI regarding presidential appointees are flawed and need to be reexamined. ... When the White House can prevent the nation’s premier investigative agency from fully determining the suitability of a Supreme Court nominee we have a problem.” [The Leadership Conference on Civil and Human Rights, 10/3/18]

    Kristine Lucius, former top legal and policy advisor to Sen. Patrick Leahy: “During my over 14 years on the committee, I can’t remember any supplemental investigation in which the FBI did not interview the person who brought forth the allegations, and the nominee himself. … That has been – and must remain – a minimum base line for credibility. No senator should even consider agreeing to proceed with this nomination unless and until the FBI investigation is determined to be thorough and unfettered.” [The Leadership Conference on Civil and Human Rights, 10/3/18]

    Former FBI officials said past background checks were not limited by politics. From The New York Times:

    Several former F.B.I. officials said that they could think of no previous instance when the White House restricted the bureau’s ability to interview potential witnesses during a background check. Chuck Rosenberg, a former F.B.I. chief of staff, said background investigations were frequently reopened, but the bureau decided how to pursue new allegations.

    “The White House normally tells the F.B.I. what issue to examine, but would not tell the F.B.I. how to examine it, or with whom they should speak,” he said. “It’s highly unusual — in fact, as far I know, uniquely so — for the F.B.I. to be directed to speak only to a limited number of designated people.” [The New York Times, 10/1/18]

    Leah Litman, UC Irvine assistant law professor: Restricted FBI investigation makes it “a joke.” From The New Yorker:

    Leah Litman, an assistant professor of law at the University of California, Irvine, said the severe restrictions on the scope of the investigation made it “a joke.” She asked, “What kind of an investigation into an assault that happened under the influence of alcohol doesn’t include investigating the accused’s use of alcohol?” She said, “Usually, the F.B.I. investigators aren’t told who to call and who not to.” She said that Rasor should be interviewed, given her past relationship with Judge. “If Mark Judge is on the ‘approved’ list of witnesses, and they are interviewing him, there is no reason not to interview Rasor, who has testimony that is very relevant to his credibility, and the testimony that he would offer,” she said. [The New Yorker, 9/30/18]

    John Mindermann, former FBI special agent: The restrictions on the probe means it’s not a “real, authentic FBI investigation.” From an October 4 MSNBC interview:

    JOHN MINDERMANN (FORMER FBI SUPERVISORY SPECIAL AGENT): What will be laid out within the limits of the scope and the time that the FBI had to do the investigation will be a portrait of the individual who is being investigated. That's in any background check. The key to a background check is comprehensive running out of all available leads. Apparently in this case, those leads, which were available, were not run out by the FBI because of the limits of time and scope. That is very, very problematic because that limits the overall portrait. It's like taking the brush out of the hand of the painter midway through the portrait session. What will be in there will be, corroborating or not, statements, data, information, times, dates, et cetera, that may or may not corroborate specific allegations that were brought forward.

    HALLIE JACKSON (HOST): We know that the FBI has spoken with nine people that have been interviewed. And we know the names of six of them. We don't know who the other three people are. We know that they originally contacted 10 people. It's not clear to us just yet, based on our sources, why that 10th person was not actually interviewed. You can see who we know and who we don't know there. Dr. Ford's attorney says because she's not on this list -- right, you don't see Christine Blasey Ford on that screen right there -- so her lawyer says this can't be called an investigation. The FBI was not actually seeking the truth. So John, do you agree? Is this a comprehensive investigation or not?

    MINDERMANN: I actually agree that really this does not fall under the definition of a real, authentic FBI investigation. It really is an investigation which is just limited in terms of targeting specific individuals, and for reasons unknown, eliminating a vast majority of people who could have provided corroborating evidence, corroborating information, positive, negative, neutral, whatever. But in an FBI investigation -- and I've done these and I've supervised these -- in these investigations, you encourage your agents to go out, cover all bases, run out all leads, develop that comprehensive look so that whoever is looking at this is well versed and can make that judgment call. This is a judgment call. There's a lot of subjectivity if you don't have factual information. [MSNBC, MSNBC Live with Hallie Jackson, 10/4/18]

    Conservative media figures carry water for the sham investigation -- and treat its spin by GOP officials -- as vindication for Kavanaugh

    Fox News’ Sean Hannity:

    Conservative pundit Erick Erickson:

    Erickson:

    Turning Point USA’s Charlie Kirk:

    Fox News senior political analyst Brit Hume:

    Fox News’ Jeanine Pirro: The FBI didn't need to talk to Ford because "there is nothing else to ask her. There is nothing else that they need to do”:

    Fox & Friends applauded the investigation by claiming "the very narrow scope" avoided "tangents":

    CRTV’s Allie Stuckey:

  • Following Trump's attack, conservatives call Ford a liar deserving of prison

    Blog ››› ››› ZACHARY PLEAT


    Melissa Joskow / Media Matters

    Conservative media personalities are attacking Christine Blasey Ford following President Donald Trump’s attack on her at a political rally. Ford testified last week before the Senate Judiciary Committee that Supreme Court nominee Brett Kavanaugh sexually assaulted her.

    Trump inspired a second wave of attacks from conservatives by mocking her public account of high school sexual assault at his October 2 political rally in Mississippi, as The Washington Post reported:

    President Trump mocked the account of a woman who accused Supreme Court nominee Brett M. Kavanaugh of assault and told a Mississippi crowd that the #MeToo movement was unfairly hurting men.

    Trump, in a riff that has been dreaded by White House and Senate aides, attacked the story of Christine Blasey Ford at length — drawing laughs from the crowd. The remarks were his strongest attacks yet of her testimony.

    “ ‘I don’t know. I don’t know.’ ‘Upstairs? Downstairs? Where was it?’ ‘I don’t know. But I had one beer. That’s the only thing I remember,’ ” Trump said of Ford, as he impersonated her on stage.

    “I don’t remember,” he said repeatedly, apparently mocking her testimony.

    While three Republican senators criticized Trump’s denigration of Ford, other conservatives responded by defending Trump’s attack on her and doubling down with their own.

    Gateway Pundit’s Jim Hoft: “BOOM! President Trump Mocks Christine Ford's Flimsy Accusations at Mississippi Rally - CROWD ROARS!”

    MSNBC contributor Hugh Hewitt: Ford’s “story is crumbling, and the president just broke the glass last night. He was not mocking her. He was attacking the credibility of her testimony.”

    Other right-wing media figures accused Ford of repeatedly lying in her testimony, drawing on a letter from an ex-boyfriend that said, among other things, that she helped a friend prepare for a polygraph test -- a claim that was soon countered by the friend in question.

    Hoft: “SHE’S A FRAUD: Dr. Ford Lied About Flying, Tight Spaces, Closed Quarters, Polygraph Tests.”

    Conservative talk radio host Erick Erickson: “Dr. Ford lied. Kavanaugh’s reputation died. All intentional to ruin a good man.”

    Fox News contributor Lisa Boothe: “You look at ... what looks like blatant lies” Ford “has told people about flying. … There’s been so many inconsistencies, so many lies.”

    And Hoft, along with others, have stated that Ford should be criminally investigated or even locked in prison.

    Fox News guest Joe diGenova: Ford “should be investigated and if necessary charged with the crime of submitting a false statement to the Senate.”

    Turning Point USA’s Candace Owens: “I would like to be among the first to say that I want Christine Blasey Ford to serve time in PRISON.”

    Hoft, citing Owens: “Is It About Time to Lock Up Christine Ford in a Prison Cell With Two Front Doors?”

  • Conservative media freak out in response to senators calling for an FBI investigation of Kavanaugh

    What are they afraid of?

    Blog ››› ››› ZACHARY PLEAT


    Melissa Joskow / Media Matters

    Conservative media personalities are attacking calls by a bipartisan group of senators for the FBI to investigate allegations of sexual assault against Supreme Court nominee Brett Kavanaugh following Thursday’s hearing with the nominee and Christine Blasey Ford, who testified that Kavanaugh attempted to rape her in the 1980s.

    A day after Thursday’s hearing, where Ford’s testimony was widely acknowledged as “credible” and Kavanaugh misled the senators in his own testimony, the Senate Judiciary Committee voted to send Kavanaugh’s nomination to the Senate floor for a final vote. Following some last-minute drama,Sen. Jeff Flake (R-AZ) announced he was voting to send Kavanaugh's nomination to the full Senate for a vote under the condition that the FBI spend up to a week investigating current allegations against the judge. Sens. Joe Manchin (D-WV), Susan Collins (R-ME), and Lisa Murkowski (R-AK) also voiced support for Flake’s call for a delay on the floor vote so that the FBI can investigate.

    Conservative media personalities, a couple of whom had smeared or discounted the women who reported sexual misconduct by Kavanaugh, quickly attacked the calls for the FBI investigation and called for Senate Majority Leader Mitch McConnell (R-KY) to ignore the request and quickly hold a vote to confirm Kavanaugh:

    Fox News host Sean Hannity: "Now we need one more week, why so another 15 people can be brought up by Democratic operatives?"

    Conservative author Ann Coulter: Investigation "surrenders advice & consent to corrupt FBI."

    NRA spokesperson Dana Loesch: “Because the seventh FBI background check will definitely do the trick.”

    FoxNews.com’s Stephen Miller: “If you think Dems are going to hold on a one week FBI investigation deadline you're absolutely bananas.”

    Fox News contributor Katie Pavlich: “Mitch McConnell better veto this delay. Hold the vote.”

    Conservative talk show host Erick Erickson: “Get ready -- the Democrats are going to flood the zone. Kavanaugh will be a suspected serial killer by Friday.”

    Fox News contributor Lisa Boothe: “This just means the Democrats and their friends in the media have more time to find and exploit unverified and unsubstantiated allegations against #JudgeKavanaugh.”

    Conservative talk radio host Buck Sexton: “There is nothing for the FBI to investigate. … This is just rewarding the worst political behavior of my lifetime.”

    The Daily Wire’s Ben Shapiro: “This will satisfy no one, next week will be a complete tornado of crap, and we’ll see you here next Friday!”

    Conservative author David Limbaugh: “This is not about due diligence but another delay designed to defeat Judge Kavanaugh’s confirmation.”

    Media Research Center’s Dan Gainor: “Liberals: We will keep investigating you until you are found guilty.”

    Daily Caller’s Benny Johnson: “Why give the monster a cookie in the first place?”

    MSNBC contributor Hugh Hewitt: This is a “sham of a process.”

    Hannity radio guest Jonathon Gilliam: "We do still have a realistic expectation that the deep state is part of the FBI"

  • Here are the conservative media outlets and figures pushing the outlandish theory that Christine Blasey Ford misidentified her attacker

    Blog ››› ››› ZACHARY PLEAT


    Melissa Joskow / Media Matters

    Conservative legal commentator Ed Whelan yesterday pushed a theory that it wasn’t Supreme Court nominee Brett Kavanaugh who sexually assaulted Christine Blasey Ford, but another man who looked like Kavanaugh. While many have denounced the speculation, calling it, for instance, “wildly irresponsible,” several mainstream and fringe conservative media outlets and personalities endorsed Whelan’s theory.

    Ford has debunked the claim, saying there’s “zero chance that I would confuse them.” Though Whelan later deleted his tweets and apologized for identifying the supposed doppelganger, he hasn’t retracted his theory.

    In the days before Whelan tweeted his ridiculous theory, other conservative media figures and even a Republican lawmaker speculated that Ford was mistaken about who assaulted her. A Wall Street Journal editorial published on September 17 with the title “The #MeToo Kavanaugh Ambush” claimed, “Mistaken identity is also possible.” The same day, Fox News The Five co-host Jesse Watters speculated, “Maybe it was a case of mistaken identity.” And Sen. Orrin Hatch (R-UT), who sits on the Senate Judiciary Committee, suggested Ford is “mixed up.” On September 18, conservative Washington Post columnist Kathleen Parker wrote that “as crazy as that sounds, it wouldn't be unheard of” for this to be just a matter of “mistaken identity,” in a column titled “Is there a Kavanaugh doppelganger?”

    But it was Whelan’s now-deleted thread of tweets, posted on September 20, that spread throughout conservative media. Those who promoted it include:

    Fox & Friends co-host Steve Doocy: Whelan “figured out what house it may have happened at, because it was a house closest to the golf course, and then realized whose house it was and looked at a picture of the young man who lived there at the time who was a classmate of Mr. Kavanaugh's. Put up side by side images, they look a lot alike.”

    Conservative blogger Erick Erickson: Whelan “decided to put up a more compelling story that embraces Ford’s theory of assault.”

    While I am still not convinced there was an assault on Professor Ford, an intriguing theory has come forward that embraces the idea she was assaulted and makes a far more plausible case than that Brett Kavanaugh did it.

    Ed Whelan of the Ethics and Public Policy Center decided to put up a more compelling story that embraces Ford's theory of assault, while filling in the details she provided. And while I continue to find it unseemly to drag another innocent person into a fraudulent claim, the facts are very compelling that this is the location and things make more sense if you assume Ford was assaulted.

    The facts, as Ed Whelan laid them out, are that Brett Kavanaugh did go to school with someone who has a striking resemblance. That person lived within walking distance of the club Ford claims she had been at. The home matches the limited description Ford provided. I suspect more information will roll out as well over the coming days.

    I continue to believe Ford's accusation is not credible. If you find it credible, Whelan's evidence is compelling unless you're just trying to stop Kavanaugh for partisan or ideological reasons.

    Conservative NY Times columnist Ross Douthat: I “assume there’s more reason to believe [Whelan’s] doppelganger theory than just what he just tweeted.”

    Gateway Pundit: Whelan “drops pictures and evidence that blows Christine Ford’s case wide open.”

    Accuser Christine Blasey Ford is waging a war on Trump’s SCOTUS nominee Brett Kavanaugh with decades-old, unsubstantiated claims of sexual assault in an effort to derail his confirmation to the Supreme Court.

    Judge Kavanaugh has categorically denied the allegations and even told Senator Orin (sic) Hatch he wasn’t at the party in question.

    Ed Whelan, Justice Scalia’s former law clerk and president of conservative think tank the Ethics and Public Policy Center (EPPC), came out in defense of Brett Kavanaugh and said compelling evidence will come out next week exonerating Kavanaugh.

    On Thursday afternoon, Ed Whelan started dropping pictures and evidence that may blow Christine Ford’s case wide open.

    Twitchy: “Ed Whelan’s BOMBSHELL thread takes Ford’s accusations against Kavanaugh apart.”

    Earlier today, Twitchy covered the ‘rumor’ that information had been obtained that some felt would 100% exonerate Kavanaugh. This originally stemmed from tweets Ed Whelan sent out in the first part of this week.

    Welp, looks like Ed made good on his claim and posted a thread of facts that would give anyone pause as to what really did and did not happen to Ford and could eventually prove Kavanaugh’s innocence.

    Keep in mind, we can neither confirm nor deny anything Whelan has stated in his bombshell thread.

    Zero Hedge: “Was Kavanaugh accuser almost raped by his doppelganger? A new theory emerges.”

    A new theory has emerged in the case of whether Supreme Court nominee Brett Kavanaugh sexually assaulted accuser Christine Blasey Ford roughly 35 years ago; it was Kavanaugh's high school look-alike, whose high school house better fits Ford's description, and who kept in touch with the other guy allegedly in the room, Mark Judge.

    The theory was presented Thursday afternoon by Ed Whelan, a former clerk to USSC Justice Antonin Scalia and currently president of the Ethics and Public Policy Center (EPPC), a conservative think tank.

    The Goldwater: “Breaking: Attorney Ed Whelan drops explosive evidence of vindication for Judge Kavanaugh.”

    Ford has been traumatized by the memory of sexual assault for 35 years. She sought therapy in 2012 due to the horrible memories. No one would go to all that trouble for nothing. Something happened to her.

    I couldn’t wrap my head around this story. What happened here? There had to be an explanation. Something I was missing. Then I read a story today that closed some loopholes for me. Below is the story I read.

    Please note that I am in no way stating that this is true. We have no idea what happened to Ford back when she was a teenager. This is just one idea, one possibility. Keep in mind that Ford can’t remember much about the details. It was a long time ago. This is why Kavanaugh should have never been put through this. He and his family are suffering, and Ford has no facts to base her allegations on.

    Ed Whalen’s Theory of Kavanaugh Rape…

    Conservative Firing Line: “It looks like the case brought against Judge Brett Kavanaugh just took another serious hit.”

    It looks like the case brought against Judge Brett Kavanaugh just took another serious hit. The Washington Post reported that Ed Whelan, a former clerk for the late Supreme Court Justice Antonin Scalia and the president of conservative think tank the Ethics and Public Policy Center (EPPC), said “compelling evidence” which apparently includes photos and maps would exonerate Kavanaugh from allegations brought by Christine Blasey Ford.

    Powerline promoted Whelan’s tweets with headline “Mistake identity?”

    Paul (and Senator Orrin Hatch) has already mentioned the possibility that Dr. Ford’s allegation of sexual assault by Brett Kavanaugh may be a case of mistaken identity, based in part on Ed Whelan’s cryptic tweets that Kavanaugh is going to be fully exonerated. This has set off a firestorm of rumors and expectations. Whelan has just now (6 pm eastern time) provided one specific scenario of this on Twitter, offering up a specific name (though careful to note that he makes no allegation of implication that the other person, Chris Garrett, assaulted Ford as claimed).

    Read the whole thread—it doesn’t take long, but it is not easily summarized here.

  • Right-wing media go all-out to denigrate Christine Blasey Ford, who says Kavanaugh assaulted her

    Ford said Supreme Court nominee Brett Kavanaugh attempted to rape her when they were high school students, but many media conservatives attacked her or say Kavanaugh should be confirmed anyway

    Blog ››› ››› ZACHARY PLEAT


    Melissa Joskow / Media Matters

    The Washington Post reported on Sunday that Christine Blasey Ford had written a letter this summer to a Democratic lawmaker saying that Supreme Court nominee Brett Kavanaugh sexually assaulted her when they were both high school students. Soon after Ford’s account was published, right-wing media figures and outlets began attacking her credibility, publicly discounting her story, or calling on Kavanaugh to be confirmed by Republicans anyway.

    Details from the letter, which she wrote to Sen. Dianne Feinstein (D-CA), leaked out several days earlier, and then Ford “decided that if her story is going to be told, she wants to be the one to tell it.” From the Post’s story:

    Speaking publicly for the first time, Ford said that one summer in the early 1980s, Kavanaugh and a friend — both “stumbling drunk,” Ford alleges — corralled her into a bedroom during a gathering of teenagers at a house in Montgomery County.

    While his friend watched, she said, Kavanaugh pinned her to a bed on her back and groped her over her clothes, grinding his body against hers and clumsily attempting to pull off her one-piece bathing suit and the clothing she wore over it. When she tried to scream, she said, he put his hand over her mouth.

    “I thought he might inadvertently kill me,” said Ford, now a 51-year-old research psychologist in northern California. “He was trying to attack me and remove my clothing.”

    Ford said she was able to escape when Kavanaugh’s friend and classmate at Georgetown Preparatory School, Mark Judge, jumped on top of them, sending all three tumbling. She said she ran from the room, briefly locked herself in a bathroom and then fled the house.

    Ford said she told no one of the incident in any detail until 2012, when she was in couples therapy with her husband. The therapist’s notes, portions of which were provided by Ford and reviewed by The Washington Post, do not mention Kavanaugh’s name but say she reported that she was attacked by students “from an elitist boys’ school” who went on to become “highly respected and high-ranking members of society in Washington.” The notes say four boys were involved, a discrepancy Ford says was an error on the therapist’s part. Ford said there were four boys at the party but only two in the room.

    Notes from an individual therapy session the following year, when she was being treated for what she says have been long-term effects of the incident, show Ford described a “rape attempt” in her late teens.

    Kavanaugh has denied the report after Ford went public, calling it “a completely false allegation.” He previously said, “I categorically and unequivocally deny this allegation.” The immediate reaction from many conservative media figures was terrible: Many cast doubt on her account, others suggested they might believe her but said Kavanaugh should be confirmed as a Supreme Court justice anyway, and others impugned her motives, suggesting a political or personal grudge.

    Conservatives who cast doubt on Ford’s account

    FoxNews.com’s Stephen Miller: “This was not a sexual assault. … Hold the vote. Confirm him. … It was drunk teenagers playing seven minutes of heaven.”

    Breitbart’s John Nolte: “GOP blows Kavanaugh, falls for this, they will be massacred in November.”

    Conspiracy theorist Alex Jones mocked Ford’s accusation: “Brett Kavanaugh in 1986 came to Dallas, TX, and I was in high school, and he raped me.”

    Trump ally and conservative political operator Roger Stone: “This is a woman looking for her Anita Hill moment. This is her 15 minutes.”

    Turning Point USA’s Candace Owens: “Nothing to see here, folks,” Ford is “just another woman who conveniently tripped and fell out of amnesia.”

    Conservative radio host Erick Erickson: “If the GOP does not stand up to this character assassination attempt on Kavanaugh, every judicial nominee moving forward is going to suffer last minute sexual assault allegations.”

    Erick Erickson: “I do not believe Brett Kavanaugh’s accuser. I do believe there is a Democrat PR firm working this story.”

    Erick Erickson: “People who want to keep killing kids really shouldn’t be throwing Jesus in the face of those who don’t believe the accusation against Kavanaugh.”

    Fox News’ Tomi Lahren: “Decades-old allegations against Kavanaugh come out just days before a vote….victim or opportunist?”

    Tomi Lahren: "Female empowerment is NOT using sexual assault allegations to torpedo someone you disagree with politically."

    Fox contributor Tammy Bruce: Report of assault by Kavanaugh is “an attempt at a political assassination.”

    Newsmax’s John Cardillo: “No, 35+ year old dubious allegations about a non-crime made by a left-wing activist … do not hold water.”

    NRATV’s Grant Stinchfield: “I have no idea if Judge Kavanaugh pushed this woman down on a bed at a high school house party where she wriggled free and ran away or not. What I do know is in the 35 years since, not one other woman has raised such an allegation. Sixty-five other women have, in fact, now come to his defense.”

    Fox Business host Dagen McDowell: “You have to press [Ford] on any potential bias that’s there” against Republicans.

    Fake news site TruthFeed: Ford’s story has “more holes than a slice of swiss cheese.”

    The despicable Democrats are pulling out all the stops to try and derail the Judge Kavanaugh vote for SCOTUS.

    They’re now claiming that Judge Kavanaugh attacked a woman in high school, nearly killing her. The woman, whose story has more holes than a slice of swiss cheese, claims there was a man in the room who witnessed the entire thing.

    One big problem. That man, says it never happened.

    Facebook page Silence is Consent posted a meme misleadingly claiming Ford was “so ‘devastated’” by incident “she contacted Feinstein 35 years later.”

    Fox Business host Bob Massi:The thing that’s remarkable to me” is that someone “with amazing credentials, amazing resumes, and an allegation like this comes out … and their entire career credibility is gone. … That’s the trouble with this.”

    Sean Hannity radio show guest David Schoen: "The real crime here that happened" is Sen. Dianne Feinstein "presenting this thing under ... this veil of mystery."

    Fox News host Sean Hannity cast doubt on Ford's accusation because of "everything else you see about Judge Kavanaugh's life ... this is a guy that spends a lot of time feeding the homeless."

    CRTV's Gavin McInnes: Ford is "clearly full of crap." 

    CRTV's Mark Levin on Ford's accusation: "This whole thing to me sounds like a sham and a setup. ... This is an entire political scam and sham as far as I'm concerned."

    Ethics and Public Policy Center Lance Morrow's Wall Street Journal op-ed likened Ford's accusation to Salem Witch Trials, diminished alleged rape attempt: "No clothes were removed, and no sexual penetration occurred."

    The Salem witch trials turned on what was called “spectral evidence.” That was testimony from witnesses—either malicious or hysterical—who claimed the accused had assumed the form of a black cat or some other devilish creature and had come visiting in the night in order to torment the witness with bites and scratches, or to rearrange the bedroom furniture, or to send the baby into paroxysms.

    ...

    Three hundred twenty-six years later, an anonymous woman—a spectral and possibly nonexistent woman, for all that one knew when the story emerged—accused Brett Kavanaugh of sexually assaulting her 36 years ago, when he was a high-school student. It seemed as if the American constitutional process might be drawn back to the neighborhood of Salem, Mass. According to this phantom testimony, 17-year-old Brett held the girl down, pawed her and tried to force himself upon her, and held his hand over her mouth when she screamed, until a second prep-school devil piled on top, they all tumbled to the floor, and the girl managed to slip away. The boys were “stumbling drunk,” according to the account.

    ...

    The thing happened—if it happened—an awfully long time ago, back in Ronald Reagan’s time, when the actors in the drama were minors and (the boys, anyway) under the blurring influence of alcohol and adolescent hormones. No clothes were removed, and no sexual penetration occurred. The sin, if there was one, was not one of those that Catholic theology calls peccata clamantia—sins that cry to heaven for vengeance.

    The offense alleged is not nothing, by any means. It is ugly, and stupid more than evil, one might think, but trauma is subjective and hard to parse legally. Common sense is a little hard put to know what to make of the episode, if it happened. The dust of 36 years has settled over the memory. The passage of time sometimes causes people to forget; sometimes it causes them to invent or embellish. Invention takes on bright energies when its muse is politics, which is the Olympics of illusion. 

    Conservatives who indicated that whether or not they believe Ford, Kavanaugh should be confirmed

    Federalist contributor Tom Nichols: “I’m good with the story being true,” but it shouldn’t “derail [his] nomination.”

    Daily Wire’s Matt Walsh: Ford’s report can’t be proven, “so he should be confirmed.”

    Cato Institute’s Ilya Shapiro: “The Senate should just vote” on Kavanaugh.

    The Federalist: Kavanaugh “should be confirmed” despite Ford’s report.

    Townhall.com editor Guy Benson: “Absent additional evidence, I don’t know how it would be remotely just to derail the nomination” of Kavanaugh.

    The Wall Street Journal editorial board suggested Ford possibly misremembered "in the cauldron of a therapy session to rescue a marriage," and stated that letting Ford's accusation "stop Mr. Kavanaugh's confirmation would ratify what has all the earmarks of a calculated political ambush."

    The woman accusing Brett Kavanaugh of a drunken assault when both were teenagers has now come forward publicly, and on Monday it caused Republicans to delay a confirmation vote and schedule another public hearing. Yet there is no way to confirm her story after 36 years, and to let it stop Mr. Kavanaugh’s confirmation would ratify what has all the earmarks of a calculated political ambush.

    ...

    Mr. Kavanaugh denies all this “categorically and unequivocally,” and there is simply no way to prove it. The only witness to the event is Mr. Kavanaugh’s high school male friend, Mark Judge, who also says he recalls no such event. Ms. Ford concedes she told no one about it—not even a high school girl friend or family member—until 2012 when she told the story as part of couples therapy with her husband.

    The vagaries of memory are well known, all the more so when they emerge in the cauldron of a therapy session to rescue a marriage. Experts know that human beings can come to believe firmly over the years that something happened when it never did or is based on partial truth. Mistaken identity is also possible.

    ...

    This is simply too distant and uncorroborated a story to warrant a new hearing or to delay a vote. We’ve heard from all three principals, and there are no other witnesses to call. Democrats will use Monday’s hearing as a political spectacle to coax Mr. Kavanaugh into looking defensive or angry, and to portray Republicans as anti-women. Odds are it will be a circus.

    ...

    Letting an accusation that is this old, this unsubstantiated and this procedurally irregular defeat Mr. Kavanaugh would also mean weaponizing every sexual assault allegation no matter the evidence. It will tarnish the #MeToo cause with the smear of partisanship, and it will unleash even greater polarizing furies.

    Conservatives who attacked Ford’s motives

    Mike Cernovich: “Christine Blasey is a far left wing activist. ... this is straight activism on her part.”

    The Gateway Pundit: Ford is a “far-left activist.”

    Gateway Pundit’s Jim Hoft: Ford is an “unhinged liberal professor who former students describe as dark, mad, scary and troubled.”

    Fox News host Laura Ingraham: “Apparently this accuser was fine with leaving Brett Kavanaugh on the second highest court of the land. … But it was when he was up for the Supreme Court that suddenly the stakes got higher.”

    Laura Ingraham: "This all has the whiff of a political smear masquerading as a sexual assault allegation."

    Fake news site RedstateWatcher: Ford is a "registered Democrat and Democrat activist.”

    Conservative talk radio host Rush Limbaugh: Ford is "a political activist. She's an angry political activist. She's much more than just a victim of alleged attempted rape."

    Fox News host Tucker Carlson: "Does anyone really believe this story would have surfaced if Brett Kavanaugh had pledged allegiance to Roe v. Wade? Of course it wouldn't have."​

    Right-wing Facebook meme pages and groups engaged in a smear campaign against Ford

    Many right-wing meme pages attacking Ford falsely painted her as a Democratic political operative. [1, 2, 3, 4]

    Some pages tried to undermine Ford’s allegations by questioning her timing in coming forward and her memory of the incident. [1, 2, 3, 4, 5]

    A woman from a Shuttershock photo of an anti-Trump protest in New York City was falsely attributed as Ford. [1, 2]

    Alex Kaplan and Natalie Martinez contributed research to this post.

  • There is no bottom

    Free of oversight and enabled by toadies, the president disappears Puerto Rico’s dead

    Blog ››› ››› SIMON MALOY


    Melissa Joskow / Media Matters

    Hurricane Maria slammed into Puerto Rico almost a year ago and created a humanitarian catastrophe that continues to this day. The storm obliterated the U.S. territory’s already dilapidated infrastructure, causing an islandwide blackout that still isn’t completely fixed. With many residents denied access to electricity, fresh water, medical care, and other basic services, the death toll from the storm climbed. The official toll stood at 64 until early August, when the Puerto Rican government acknowledged that it was far, far higher -- at least 1,400. A few weeks later, Puerto Rico raised the official death toll to 2,975, based on estimates from an independent study commissioned by the commonwealth government.

    That death toll makes Hurricane Maria one of the deadliest disasters in U.S. history. To President Donald Trump, however, reports that nearly 3,000 U.S. citizens perished on his watch are a personal insult and a conspiracy to undermine him.

    You can read the president’s tweets on the subject if you like, but the gist is that the updated death toll is fake and was invented by unnamed Democrats who manufactured it solely to make Trump look bad. Earlier in the week, the president had been bragging about his administration’s response to Hurricane Maria. “I actually think it is one of the best jobs that’s ever been done with respect to what this is all about,” Trump said. He also tweeted about the “unappreciated great job in Puerto Rico.”

    This depraved egotism is untouched by any sort of factual merit: To the president, the federal response to Maria was terrific because it was his response, and any suggestion of calamity or incompetence is obviously fake because it can’t be true. “I love Puerto Rico!” Trump declared in the same tweet in which he vanished the island’s thousands of hurricane casualties.

    Just as despicable as the president’s conspiracy theory about dead U.S. citizens was the determined effort by his toadies in conservative politics and right-wing media to defend Trump’s self-serving lies.

    The pro-Trump mercenaries at Breitbart.com insisted that Trump was “correct” to argue that Democrats had created a fake death count to smear him, pointing out that earlier estimates put the death toll at around 1,000 (it’s not clear how that helps the president, who tweeted that the death toll wasn’t much higher than 18). Breitbart complained that “the media reported the new estimate as if it were an actual confirmed death toll,” even though the Puerto Rican government revised the official death toll to align with that estimate. (Breitbart’s explanation for why the governor raised the death toll is that he was “under heavy political pressure due to the slow pace of the island’s recovery,” which makes absolutely no sense.)

    Lou Dobbs, whose Fox Business program functions as a self-debasing exaltation of the gloriously infallible Donald Trump, heaped praise on the president for having “the guts to call out the Dems and national left wing media types, who have blindly accepted an amazing tortured inflation of the death toll.” Dobbs’ explanation for how the death toll rose from 64 to nearly 3,000 was this: “It involves as many academicians as humanly possible in the effort, and then you watch the entire exercise become a farce.” Dobbs later tweeted out a video of the segment, which earned a retweet from the president.

    What Breitbart, Dobbs, and the rest of the president’s sycophants leave deliberately unmentioned is that the federal government’s inadequate response to the hurricane is well-documented. Puerto Rico did not receive the same federal attention or assets other less heavily damaged areas of the country received. A recent Government Accountability Office report identified numerous problems with the federal response, including personnel shortages, insufficient resources, and a lack of proper equipment. A PBS and NPR investigation into the federal storm response characterized the Federal Emergency Management Agency as “a government relief agency in chaos struggling with key contracts, basic supplies and its own workforce.” That chaos is in evidence as the crisis continues and “eighty percent of Puerto Ricans rate Trump’s response to Maria negatively.”

    There is no official reckoning of what happened in Puerto Rico because the people in power are more concerned with maintaining power than they are with figuring out exactly how many people died and why. Congressional Democrats are accusing Republicans of stymieing any real federal inquiry into Puerto Rico’s humanitarian nightmare, and there likely won’t be any real accountability so long as Republicans control both houses of Congress. This ugly truth props up Trump’s conspiracymongering and his supporters’ bad-faith defenses -- absent any sort of definitive federal investigation into the administration’s hurricane response, Trump and his enablers are free to hurl outlandish accusations and claim that the president’s critics are smearing him with fake numbers because no one knows precisely how many people died.

    They want to make sure that no one ever really knows what happened in Puerto Rico. Their most important consideration is that the president not be blamed for the catastrophe, and if that means dismissing a couple of thousand dead Americans as a fiction invented by the Democrats, then that’s what they’ll do.