After a woman explains that people in America die because they are too poor to have health care, Fox News shows no empathy
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While MSNBC aired segments featuring six LGBTQ people, Fox News hosted anti-LGBTQ group leader Tony Perkins and two anti-trans gay women
The Trump-Pence administration is “considering narrowly defining gender as a biological, immutable condition determined by genitalia at birth,” which would be “the most drastic move yet in a governmentwide effort to roll back recognition and protections of transgender people,” according to an October 21 New York Times report. When TV news reported on the proposal, only MSNBC hosted LGBTQ guests to condemn it, while Fox hosted primarily anti-trans voices, including two gay women and major anti-LGBTQ group leader Tony Perkins.
The Times reported that the definition would be established under Title IX, which bars “gender discrimination in education programs that receive government financial assistance.” Title IX is enforced in part by the “Big Four” federal agencies -- the departments of Education, Justice, Health and Human Services, and Labor -- most of which currently employ anti-LGBTQ group alumni who would potentially implement the policy. According to the Williams Institute, there are roughly 1.4 million American adults who identify as transgender, all of whom would be impacted by the proposed change. CNN reported that “if adopted, such a definition could exclude transgender people from existing federal civil rights protections in education, employment and access to health care.” The move is part of a greater trend of the Trump-Pence administration going after transgender people, and transgender advocates and their allies have sounded the alarm about the proposal and are fighting back.
Following the Times’ reporting on the Trump-Pence administration’s proposal, broadcast and cable TV news spent a moderate amount of time covering the issue. MSNBC turned to transgender and queer guests to discuss the impacts of the proposal, while Fox News hosted primarily anti-transgender guests, including Perkins. Though generally critical of the proposal, CNN’s segments relied entirely on CNN hosts, commentators, and reporters, none of whom openly identify as LGBTQ.
In discussing the proposal, MSNBC hosted six LGBTQ people, four of whom identify as trans, who were able to explain the personal impact the Trump administration’s proposal would have on the trans community.
On October 23, MSNBC Live with Hallie Jackson hosted Laverne Cox, a transgender actress and activist, who outlined the Trump-Pence administration’s history of anti-trans policies, as well as those proposed around the country in state legislatures. Cox said that state legislatures “are continually trying to introduce legislation banning transgender people from public life” but noted that “we have fought those battles, and we have won.” She explained that “over and over again the courts have held that transgender people are covered by Title IX and Title VII.” Cox said, “They want to make us afraid, but we need not be afraid.”
MSNBC Live with Hallie Jackson aired an October 22 segment featuring National Center for Transgender Equality's (NCTE) Raffi Freedman-Gurspan, who was the first out transgender person to be appointed to a White House job. Freedman-Gurspan called the proposal “an abomination” and highlighted that the new definition does not align with medical consensus or the lived experiences of trans people. She also noted the many anti-trans actions and rhetoric of the Trump-Pence administration and highlighted activism by the trans community and their allies who are ready to fight the proposal. Freedman-Gurspan ended the segment by saying, “We won’t be erased. We are standing up. … We are going to get through this.”
During other segments, MSNBC also hosted Mara Keisling, a trans woman and president of NCTE; Hannah Simpson, a trans woman and activist; Masha Gessen, an LGBTQ journalist; and Sarah Kate Ellis, a lesbian and president of GLAAD. Additionally, Rachel Maddow, an out lesbian, did a monologue on her October 22 show about the proposal in which she contextualized the history of Republican administrations rolling back LGBTQ rights.
While MSNBC turned to LGBTQ people who were either transgender or trans allies for their insights on the potential impact of the Trump-Pence administration’s proposal, Fox News hosted primarily anti-transgender guests, including two gay women and extreme anti-LGBTQ group Family Research Council’s (FRC) President Tony Perkins.
In Fox News’ first substantial segment about the proposal, Fox News at Night with Shannon Bream aired a debate between liberal radio host Ethan Bearman and FRC’s Perkins, who was also appointed to the U.S. Commission on International Religious Freedom in May. During the segment, Perkins praised the proposal and resorted to fearmongering when presented with historical facts about gender identity. Perkins also pushed the the thoroughly debunked myth that trans-inclusive policies pose a threat to the safety of women and girls. From the segment:
What we’re doing by this policy that was put in place without an act of Congress -- this was the Obama administration -- we’re putting people at risk. We're actually denying people equal protection under the law, because under this, we would force women that are going to battered shelters for abused women, we would force them under government policy to be housed with men, biological men. This makes no sense.
On October 23, Tucker Carlson, who has an anti-transgender track record himself, hosted Tammy Bruce, an anti-trans lesbian and president of the conservative group Independent Women’s Voice. In the past, Bruce has criticized trans-inclusive restrooms and compared being transgender to “a child” thinking they are “a cocker spaniel. She has also defended Jack Phillips, the Christian baker who refused to bake a wedding cake for a gay couple and who was represented by extreme anti-LGBTQ powerhouse Alliance Defending Freedom at the Supreme Court. During the segment, Carlson claimed that the government recognizing the trans community would hurt women, and Bruce leveraged her identity as a lesbian to dismiss the impact of the proposal on trans people.
Additionally, Fox News’ The Story with Martha MacCallum hosted Camille Paglia, also an LGBTQ-identified person who is critical of trans identities. During the segment, Paglia pushed anti-trans narratives about biology and said that trans-inclusive policies are “unfair” in areas like athletics. She also described herself as transgender while criticizing the trans community. Paglia has made similar comments in the past, saying, "Although I describe myself as transgender (I was donning flamboyant male costumes from early childhood on), I am highly skeptical about the current transgender wave." In other reporting, it appears that she identifies as gay and uses female pronouns.
CNN had at least eight separate significant discussions, news reads, or reports covering the proposal but failed to host a single LGBTQ person in its reporting. Though the network’s coverage was generally critical of the proposal, CNN’s shows only used staff commentators and reporters to discuss it.
Broadcast TV news outlets ABC and CBS barely covered the story at all, only airing news reads with no comprehensive segments or reporting, and both networks failed to feature any LGBTQ voices. NBC, however, aired a package on NBC Nightly News with Lester Holt that included a clip from NCTE’s Freedman-Gurspan’s appearance on MSNBC Live with Hallie Jackson. It also aired a report on Today.
Additionally, PBS aired a segment featuring LGBTQ legal group Lambda Legal’s Sharon McGowan and was the only TV outlet so far to contextualize the anti-LGBTQ track record of Roger Severino, head of the Department of Health and Human Services’ Office for Civil Rights, the department spearheading the proposal.
Media Matters searched Nexis transcripts for cable TV coverage appearing between October 21 and 23 on CNN, Fox News, and MSNBC -- as well as transcripts of broadcast TV coverage on ABC, NBC, and CBS -- for mentions of the words “transgender” or “health and human services” as well as mentions of the words or variations of the words “trans,” “sex,” or “gender” occurring within 10 words of the words or variations of the words “memo,” “policy,” “definition” or “Trump.” Additionally, Media Matters conducted searches on Snapstream for the same time frame for the same terms. “Significant discussion” is defined as two or more speakers in the same segment discussing the proposal with one another.
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Lynchings were a cornerstone of a hundred-year campaign of racial terrorism in defense of white supremacy, but conservatives see parallels with a powerful, wealthy white man facing consequences
Warning: This piece contains graphic images and descriptions.
An emerging right-wing media narrative that Supreme Court nominee Brett Kavanaugh is the victim of a “lynching” betrays not only conservative media’s desperation to salvage the nomination after he was credibly accused of sexual assault and likely perjured himself, but also their selfishness and superficiality when it comes to race relations in America.
On September 27, professor Christine Blasey Ford testified that Kavanaugh attempted to rape her at a high school party in the early 1980s. Right-wing media had already been building up a campaign against Ford since news of her allegations broke earlier in the month. But after her testimony, they dialed up their campaign to discredit Ford, with some of them eventually landing on the idea that the opposition to Kavanaugh is nothing but a “lynching.”
Attacking a sexual assault survivor with a reductive take on racial terrorism is, unfortunately, very on-brand for American conservatism in 2018. Fox’s Sean Hannity led the charge out of the gate; on September 17, the day after Ford went public, Hannity compared her allegations to the “vicious and horrible and nasty and unjust” hearings about Anita Hill’s sexual harassment reports against Justice Clarence Thomas and aired a clip of Thomas’ infamous “high-tech lynching” line. The Thomas quote was favorably recalled by several right-wing media figures, but they didn’t stop there: Several conservative and right-wing media figures took it upon themselves to make the comparison directly.
On September 22, Fox’s Jeanine Pirro accused a guest of “setting this man up for his own lynching.” Similarly, the Family Research Council’s William Boykin told Newsbusters that he “thought lynching was made illegal and that the burden of proof rested upon the accuser, not the accused.” And Townhall published a piece (from a Black author) that audaciously began, “History is an easy and convenient thing to forget,” before comparing Kavanaugh to Emmett Till, a Black 14 year-old lynched in 1955 because of a white woman’s false groping allegation.
Perhaps the most depraved take came from National Review Editor-in-Chief Rich Lowry, who seems to compare Kavanaugh to the falsely accused in To Kill a Mockingbird, who is threatened with lynching. Lowry claims that a book famous for its themes of racial injustice “stands firmly for the proposition that an accusation can be false.” Lowry’s column completely ignores race -- the word doesn’t make a single appearance -- so it’s easy for him to twist Mockingbird into pablum about a man’s false accuser being “destroy[ed]” by an attorney who “doesn’t care about her feelings, only the facts.” In the original story, that same attorney also faces down a racist lynch mob outside the jail, but Lowry’s revisionist history inverts a hundred years of racial terror into a narrative that somehow vindicates Kavanaugh at the expense of his alleged victims. This take has spread throughout the right-wing Facebook echo chamber via a popular meme.
In case conservative media have forgotten, lynchings are a uniquely reprehensible (and ongoing) part of American history. From 1882 to 1968, 4,743 people were lynched -- 72.7 percent of them Black -- for the express purpose of enforcing white supremacy. The victims were murdered in unspeakably horrific ways. Emmett Till, whom the Townhall piece compared to Kavanaugh, was found in a river, weighted down with a piece of a cotton gin. His face was so mangled by his attackers that he was unrecognizable. A sign marking where Till was murdered is regularly shot up by anonymous vandals. There’s also Mary Turner, a pregnant woman whose unborn child was cut from her womb and stomped to death (Turner was also set on fire and shot hundreds of times); Jesse Washington, who was doused in coal oil and hanged to death over burning crates, then carved into souvenirs and paraded around town; and Elias Clayton, Elmer Jackson, and Isaac McGhie, who were dragged out of jail, beaten, hanged, then turned into postcards. Kavanaugh, in contrast, is facing extreme public scrutiny as he interviews for a job at the highest court in land. And if he doesn't get it, he'll simply go back to his old cushy life as a federal judge.
Right-wing media’s increasingly racialized Kavanaugh coverage is especially rich considering their routine denunciations of “the race card.” When conservative media say Kavanaugh is being lynched, they are playing "the race card" with blinders on; their arguments invoking an era of racial terrorism are completely devoid of any meaningful racial analysis. They’re defending a credibly accused sexual predator by first inventing, then weaponizing, an alternative history in which one of the most infamous acts of racial violence isn’t racial at all -- it’s simply about attacking people.
It’s no coincidence that right-wing media deployed a racially charged accusation of “lynching” at the same time the conservative movement has embraced Dinesh D’Souza’s laughable, brazenly dishonest version of American history in which the Democrats are “the real racists” and the well-documented party realignment around civil rights simply “did not take place.” The right’s attempts to put an accused sexual abuser on the Supreme Court -- after electing another one to the presidency -- only serve to highlight the profound moral and intellectual rot at the heart of American conservatism.
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Media failed to mention details of Kavanaugh’s formative years that lend credence to accusations against him
Supreme Court nominee Brett Kavanaugh and his wife, Ashley Kavanaugh, gave an interview to Fox News in an effort to clean up his image after two women reported him for sexual misconduct in the last two weeks. Coverage of the interview from broadcast morning shows and major newspapers has aided Kavanaugh’s public relations effort by parroting his weak defenses while omitting critical information about his background.
On September 16, The Washington Post published an interview with Christine Blasey Ford, a California college professor who said Kavanaugh sexually assaulted her when they were high school students in the 1980s. On September 23, The New Yorker published a story detailing a separate allegation from Deborah Ramirez, one of Kavanaugh’s classmates at Yale University, who said, as The New Yorker described it, that Kavanaugh “exposed himself” and “thrust his penis in her face, and caused her to touch it without her consent as she pushed him away” at “a drunken dormitory party” during the 1983-84 school year.
On September 24, Kavanaugh and his wife took to Fox News to respond to the allegations. ABC’s Good Morning America, CBS’s CBS This Morning, and NBC’s Today, as well as newspapers including The New York Times, USA Today, and The Washington Post, uncritically echoed Kavanaugh’s responses, while neglecting to mention important details and follow-up reporting that seem to lend credibility to the allegations against him. Specifically, media described the interview as “deeply personal” and Kavanaugh as “emotional,” and fixated on details like his claim that he “did not have sexual intercourse” during the years in question without ever acknowledging a difference between sexual intercourse and sexual assault.
Moreover, in their one-sided reporting on Kavanaugh’s unprecedented interview, media largely omitted relevant background reporting on his actions and environment as a young man. While a few reports included quotes from Kavanaugh’s freshman roommate at Yale which characterized the nominee as “a heavy drinker” who was “aggressive and belligerent” when drunk, media largely failed to highlight the misogynistic and boorish culture that Kavanaugh reportedly participated in at Georgetown Prep. A “former student” who attended the school with Kavanaugh told HuffPost:
That was just normal then. It was an attitude where “No” didn’t necessarily mean “I’m going to stop.” It meant “I’m going to keep going,” and “I’m going to keep going because I’m privileged and I’m allowed to and I’m not going to get in trouble for it.”
Kavanaugh joked about the school’s reputation during a 2015 speech, saying, “What happens at Georgetown Prep stays at Georgetown Prep.” Moreover, almost every report on Kavanaugh’s interview failed to include details about Mark Judge -- the only alleged witness to Ford’s assault and Kavanaugh’s friend from Prep with a history of disturbing views about women -- or about Kavanaugh’s time at Yale, where the Supreme Court nominee was a member of the notoriously misogynistic Delta Kappa Epsilon fraternity.
Media’s failure to include these critical details in their reporting on Kavanaugh’s sham of an interview not only boosts Fox’s one-sided messaging, but it also assists Kavanaugh in rehabilitating his reputation and leaves audiences in the dark, denying them relevant information that lends credibility to Ford and Ramirez’s accounts.
Supreme Court nominee Brett Kavanaugh sat down for an interview with Fox News’ Martha MacCallum on Monday. Multiple women have come forward in recent days to report that Kavanaugh sexually assaulted them: Christine Blasey Ford has said Kavanaugh assaulted her at a party in high school; and Deborah Ramirez has said he exposed himself to her in college.
Here are seven ways the interview was a sham:
Ford reported that Kavanaugh’s high school friend Mark Judge was present in the room when Kavanaugh assaulted her. Judge clearly knew Kavanaugh and wrote about attending his 2005 wedding. He is a conservative writer and recovering alcoholic who has extensively written about his misogyny and drunken escapades in high school. In one story, Judge even wrote about being a peeping Tom when he was younger. Judge’s ex-girlfriend told The New Yorker that he told her a disturbing story about him and his friends taking turns having sex with a drunk woman.
And yet, MacCallum made just passing references about Judge during the interview and Kavanaugh didn’t acknowledge him at all. Republicans on the Senate Judiciary Committee are also resisting calling Judge to testify. Kavanaugh claimed over a dozen times to MacCallum that he wanted a “fair process.” It’s unclear why that process would exclude a key witness.
Conservative power player and writer Ed Whelan spun a conspiracy theory on Twitter that a doppelganger was the one responsible for the sexual assault of Christine Blasey Ford. The ridiculous theory backfired when it was met with widespread ridicule and Ford herself debunked it.
Whelan’s claim was undermined when Ford shared an email with The Washington Post that showed Whelan reviewed her LinkedIn page before Ford’s name was even public. Ford sent that email to the Post 90 minutes after the paper had asked the White House for comment.
9/16 - Whelan starts research after WP names Ford to WH pre-publication
9/17 - Kavanaugh suggests mistaken identity to Hatch, WSJ editorializes
9/18 - Whelan predicts Kavanaugh vindication
9/19 - Hatch flack: “keep eye on Ed’s tweets”
9/20 - Whelan names classmate
— John Harwood (@JohnJHarwood) September 22, 2018
There are a lot of questions about how something so unethical could have happened and who knew about it. While MacCallum did not ask about Whelan, Kavanaugh did imply that he thought it was possible that Ford could still be confused as to the identity of her attacker.
Kavanaugh has repeatedly told stories about excessive drinking in college. In his Fox News interview, Kavanaugh implausibly suggested he wasn’t a heavy drinker and claimed that he never drank to the point of blacking out. Materials submitted to the Senate Judiciary Committee as part of his nomination contain text of several speeches in which Kavanaugh told stories about parties involving heavy drinking and drunken shenanigans. For instance, in a 2014 speech at a Yale Federalist Society banquet, Kavanaugh said:
In the same speech, Kavanaugh bragged about arranging a party bus to go to a Boston Red Sox game:
In a 2010 speech at the Yale Law Journal banquet, Kavanaugh also described drinking heavily before his own Law Journal banquet and characterized it as “not a good idea”:
Kavanaugh also listed himself as the treasurer of the “100 Kegs or Bust” club in his high school yearbook, and multiple former classmates described the culture of the school to be one of frequent parties with excessive drinking. His former Yale roommate has stated of Kavanaugh: “He was a notably heavy drinker, even by the standards of the time, and that he became aggressive and belligerent when he was very drunk. ... I do remember Brett frequently drinking excessively and becoming incoherently drunk.”
Additionally, Kavanaugh was a member of the Delta Kappa Epsilon (DKE) fraternity, which was “notorious for disrespecting women.” The Yale Daily News reported that at the time, a common task for pledges was to raid women’s rooms and take underwear that would be fashioned into a giant flag that was paraded around campus. The DKE fraternity was suspended from 2011-2016 “after videos circulated of fraternity recruits chanting ‘no means yes, yes means anal’ in front of the University’s Women’s Center.” Multiple members have been accused of sexual assault.
The Yale Daily News also reported that: “In addition to DKE, Kavanaugh also belonged to Truth and Courage, one of Yale’s secret societies for seniors. Among some students, the all-male club, which was popular with athletes, was known by the nickname ‘Tit and Clit.’” Buzzfeed reported that according to alumni, the society was known for being “mostly about drinking.”
During the interview, Kavanaugh bragged about his record of hiring women law clerks. But MacCallum never mentioned recent reporting from The Guardian that a “top professor at Yale Law School who strongly endorsed supreme court nominee Brett Kavanaugh as a ‘mentor to women’ privately told a group of law students last year that it was ‘not an accident’ that Kavanaugh’s female law clerks all ‘looked like models’ and would provide advice to students about their physical appearance if they wanted to work for him.” Multiple women reported that they were coached on how to dress for an interview with Kavanaugh, including one woman who stated she was told that Kavanaugh hired women “with a certain look.”
MacCallum asked Kavanaugh’s wife whether she wanted an FBI investigation into these (and any subsequent) reports. Kavanaugh intervened, giving a non-answer. Instead of pressing for a clear response, MacCallum instead started a line of questioning about how unfairly Kavanaugh thinks he’s being treated.
Here’s the transcript, via The Washington Post:
MACCALLUM: Do you believe there should be an FBI investigation into these allegations and that a pause should happen and, you know, sort it all out? If there’s nothing to worry about and nothing to hide, why not have that process, Ashley? And then I’ll ask you that, Brett.
KAVANAUGH: I mean, I’ve said all along and Ashley, too, I want to be heard. I was first interviewed last Monday, the day after the allegation appeared by the committee staff under penalty of felony, and I denied this categorically and unequivocally and I said twice during that, I said, “I want a hearing tomorrow,” last Tuesday, a week ago.
I want an opportunity – a fair process. America’s about fairness, I want a fair process where I can defend my integrity and clear my name as quickly as I can in whatever forum the Senate deems appropriate.
MACCALLUM: When you hear senators who are on the committee – Senator Mazie Hirono and then you hear from others, you know, the New York Senator Gillibrand, she says, “I believe this woman. I believe all of them. They’re credible, and we all have to believe them.”
When you hear United States Senators who are making judgments, final judgments, what does that make you think about the presumption of innocence in this country?
KAVANAUGH: In America, we have fairness. We hear from both sides. I’ve spent my life in the judiciary, the – our judicial system, and part of the judicial systems as I’ve said during my first – my hearing was process protectium (ph). That’s what judges believe that’s what our system was built on, the rule of law, about fair process.
MACCALLUM: Do you feel unprotected by the process?
KAVANAUGH: Fair process means hearing from both sides, and I think the process – I want to have an opportunity to defend my integrity and clear my name and have a fair process. A fair process at a minimum – at a bare minimum requires hearing from both sides before rushing –
MACCALLUM: Right. Let me ask you this. Separately from these allegations, is it fair to judge someone on something they did before they were 18-years-old? When they were 17-years-old, should anything they did then follow them later in life or should it enter into any decisions made about them later in life?
KAVANAUGH: What I’m here to do is tell you the truth, and this allegation from 36 years ago is not –
MACCALLUM: But separately from what you’re being accused of just as a judge, if you were looking at this case as a part of what you’re going through and someone said, “This person did that at 17-years-old,” is it fair to judge them on something that when they’re in their 50s, 60s year old?
KAVANAUGH: I think everyone is judged on their whole life. I’m a good person. I’ve led a good life. I’ve tried to a lot of good for a lot of people. I am not perfect, I know that. None of us is perfect. I’m not perfect, but I’ve never, never done anything like this.
According to the transcript, Kavanaugh mentioned “fair process” 17 times. And yet thanks to Fox News, we still don’t have a clue what he thinks a fair process would look like, given that he seems to have dismissed the fairest procedure available out of hand.
At least he’s not up for a job that oversees the entire United States’ justice system.
The weirdest part of the interview was also a non sequitur.
This however is neither here nor there re the allegation, which is a forcible attempted assault https://t.co/eujQ89MqkP
— Maggie Haberman (@maggieNYT) September 24, 2018
MacCallum failed to clarify that being a virgin or not has no bearing on whether one attempted sexual assault. Any journalist for a real news network would, at least.
Some have defended the relevance of the answer by noting that this answer was in response to the account raised by attorney Michael Avenatti. But subsequent discussion between Kavanaugh and MacCallum implies that this is relevant to all of these accounts. At the very least, MacCallum had a responsibility to clear things up. That did not happen.
MacCallum alleged that there is no corroboration of Ford’s account. That is simply not true.
MacCallum not only doesn't press Kavanaugh on the Ford allegations but volunteers that the allegation hasn't been corroborated. Which is only true in the context of other attendees.
— Philip Bump (@pbump) September 24, 2018
The Washington Post reviewed notes from Ford’s therapy sessions and spoke with her husband who also noted that Ford had shared her account in couples therapy in 2012. On the advice of her attorney, Ford also took a polygraph test in August; the results showed she was being truthful in relaying her account of the incident.
MacCallum disappeared that evidence, saying, “And to this date, no one has corroborated the story that she has told.”
The interview was a stilted, overproduced sham, and you have Bill Shine to thank.
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Conservative media figures reacted to a New Yorker story that a second woman reported Supreme Court nominee Brett Kavanaugh for sexual misconduct by digging in on their support for him and demanding that Republicans hurry up and confirm him.
The New Yorker reported on Sunday evening that Deborah Ramirez, who attended Yale University with Kavanaugh, said that according to her recollection, “Kavanaugh had exposed himself at a drunken dormitory party, thrust his penis in her face, and caused her to touch it without her consent as she pushed him away”:
Ramirez said that, when both she and Kavanaugh were freshmen at Yale, she was invited by a friend on the women’s soccer team to a dorm-room party. She recalled that the party took place in a suite at Lawrance Hall, in the part of Yale known as Old Campus, and that a small group of students decided to play a drinking game together. “We were sitting in a circle,” she said. “People would pick who drank.” Ramirez was chosen repeatedly, she said, and quickly became inebriated. At one point, she said, a male student pointed a gag plastic penis in her direction. Later, she said, she was on the floor, foggy and slurring her words, as that male student and another stood nearby. (Ramirez identified the two male onlookers, but, at her request, The New Yorker is not naming them.)
A third male student then exposed himself to her. “I remember a penis being in front of my face,” she said. “I knew that’s not what I wanted, even in that state of mind.” She recalled remarking, “That’s not a real penis,” and the other students laughing at her confusion and taunting her, one encouraging her to “kiss it.” She said that she pushed the person away, touching it in the process. Ramirez, who was raised a devout Catholic, in Connecticut, said that she was shaken. “I wasn’t going to touch a penis until I was married,” she said. “I was embarrassed and ashamed and humiliated.” She remembers Kavanaugh standing to her right and laughing, pulling up his pants. “Brett was laughing,” she said. “I can still see his face, and his hips coming forward, like when you pull up your pants.” She recalled another male student shouting about the incident. “Somebody yelled down the hall, ‘Brett Kavanaugh just put his penis in Debbie’s face,’ ” she said. “It was his full name. I don’t think it was just ‘Brett.’ And I remember hearing and being mortified that this was out there.”
Ramirez acknowledged that there are significant gaps in her memories of the evening, and that, if she ever presents her story to the F.B.I. or members of the Senate, she will inevitably be pressed on her motivation for coming forward after so many years, and questioned about her memory, given her drinking at the party.
And yet, after several days of considering the matter carefully, she said, “I’m confident about the pants coming up, and I’m confident about Brett being there.” Ramirez said that what has stayed with her most forcefully is the memory of laughter at her expense from Kavanaugh and the other students. “It was kind of a joke,” she recalled. “And now it’s clear to me it wasn’t a joke.”
Another classmate told The New Yorker that he heard about the incident at the time and that he was told Kavanaugh was the one who exposed himself to Ramirez.
The new reporting follows a week of right-wing media attacks on Kavanaugh’s first accuser, Christine Blasey Ford, who says Kavanaugh attempted to rape her when they were in high school. Ford has agreed to testify before the Senate Judiciary Committee this coming Thursday, but after this new allegation, Sen. Dianne Feinstein (D-CA) has called for that hearing to be delayed.
At least one right-wing pundit, Ann Coulter, became unhinged on Twitter following the publication of Ramirez’s story:
Other conservatives called Ramirez’s accusation fake, criticized the timing of her going public, demanded Republicans stand by Kavanaugh anyway, and painted Kavanaugh as the true victim of these alleged sexual assaults.
Fox & Friends co-host Anna Kooiman: “Is this a drip, drip, drip … by the Democrats trying to delay everything until the midterm elections and really fire up their base saying Republicans are bullies?”
Conservative talk radio host Erick Erickson: “It seems more and more likely that the Blasey Ford delays were not to let her drive across country, but were to allow the Ramirez hit to get out. This is all coordinated and none of it is credible.”
Wall Street Journal columnist Kimberley Strassel: “The left made a mistake with this Ramirez story. … It strongly suggests the Ford delay demands were about cooking this up. Destroys credibility all around.”
Fox Business anchor Dagen McDowell: “I think that this -- the timing is suspect and people have [a] right to question this second accuser coming forward.”
Daily Wire’s Matt Walsh: “Democrats were stalling last week to give themselves more of an opportunity to conjure up another accuser against Brett Kavanaugh,” and “they whipped together another accusation.”
Turning Point USA’s Charlie Kirk: “Senate Republicans: DO NOT CAVE! If you were up for this nomination I bet many of you would have plenty of these fake accusations come up. Stand by our guy. Do not waver.”
NRATV’s Dan Bongino: “Hill Democrats are consumed by raw hatred. Their capacity for evil knows no limits anymore. Correspondingly, the Hill Republicans shamefully showed weakness & cowed to their demands. … Hill Republicans let us down again.”
The Rebel’s Amanda Head: If Sen. Charles Grassley (R-IA) and Republicans “don’t fight these allegations and #ConfirmKavanaghNow we will lose midterms, we will lose 2020, and what’s worse, we will lose any chance at seeing a conservative majority SCOTUS in our lifetime.”
Federalist co-founder Sean Davis: “Senate Republicans have a simple choice: stand up to a coordinated Democrat smear campaign and confirm Kavanaugh, which will energize GOP voters and preserve House/Senate majorities, or buckle under Democrat lies and give up congressional GOP majorities for a decade or more.”
CRTV’s Michelle Malkin: If Senate Republicans “refuse to man up & stop coordinated Dem smear campaign once & for all, the consequences reach far beyond the electoral landscape.”
Trump campaign adviser Katrina Pierson: “#ConfirmBrettKavanaughNow.”
One America News Network host Jack Posobiec: “Raise your hand if you think the GOP should stop playing games and hold the Kavanaugh vote Monday.”
Fox News host Laura Ingraham: Accusations against Kavanaugh are “a left-wing cabal, a left-wing conspiracy all coming together, swarming together.”
Fox News anchor Martha MacCallum: “‘Sickening’ was the word I heard most often this weekend to describe what is happening. Innocent until proven guilty is how we do this in America.”
Fox News contributor Lisa Boothe: “What is happening to #JudgeKavanaugh is wrong and terrifying.”
Former Fox News host Bill O’Reilly: “Republicans are becoming terrified of the Kavanaugh situation because they know the media will embrace every lurid accusation without scrutiny, and no one will be held accountable for ignoring due process.”
Independent Women Forum’s Julie Gunlock: “What Ms. Ramirez and her enablers have done is odious. She’s destroying the life of a good man based on her own hazy memory of an event that happened decades ago when she was admittedly drunk.”
Turning Point USA's Charlie Kirk: “These are POLITICAL HIT JOBS against a sterling person.”
American Conservative Union’s Matt Schlapp: “This Kavanaugh confirmation has transformed into a disgrace. How is it when Dems win their SC noms get an easy time, but ours get mauled.”
Daily Caller’s Amber Athey: “I have no words for how sickened I am by how the left and the establishment media are weaponizing non-credible sexual assault claims to destroy a human being.”
In reality, Justice Ginsburg substantively answered numerous policy questions
During Fox News’ coverage of the confirmation hearings for Judge Brett Kavanaugh, Fox host Martha MacCallum invoked the so-called Ginsburg rule to suggest that Kavanaugh could evade questions about his judicial philosophy and views on controversial issues. Republicans have been pushing the claim that Justice Ruth Bader Ginsburg refused to answer senators’ questions during her own confirmation hearing to justify Kavanaugh's evasiveness. In reality, Ginsburg offered substantive responses about her positions on a variety of topics, including a constitutional right to abortion.
From Fox News’ September 5 coverage of the Brett Kavanaugh confirmation hearings:
MARTHA MACCALLUM (CO-HOST): You think back to Ruth Bader Ginsberg, who said, you know, no foretelling, no forecasts, no signs from me about how I would rule on any of these issues. And that really has become the norm in these hearings where the nominee struggles to keep any -- to hold back any light that could be shed on how they would rule on any one of these hot button issues.
As NPR notes, Ginsburg, like others before her, did say in her opening remarks that “it would be improper for her to give any hints of how she might rule in future cases.” However, "she did answer questions about what she considered settled law ... including her view that the Constitution includes a right to privacy," as well as responding substantively to questions about “affirmative action, gender discrimination, single-sex education, [and] the limits of congressional powers.” Ginsburg did not shy away from expressing her stance on reproductive rights, telling the senators that the right to have an abortion is “central to a woman's life, to her dignity. It's a decision that she must make for herself. And when Government controls that decision for her, she's being treated as less than a fully adult human responsible for her own choices.”
Far from refusing to answer the committee questions, Ginsburg was actually one of the most responsive Supreme Court nominees in history, according to a study NPR cited. President Donald Trump’s first Supreme Court nominee, Justice Neil Gorsuch, however, was the “least responsive nominee in decades.” Kavanaugh's handlers’ refusal to provide documents from his time with the Bush administration suggests that he may be similarly evasive during his confirmation hearings. For right-wing figures to point to the “Ginsburg rule” to defend his evasiveness, however, is nothing more than a bad faith attempt to legitimize his refusal to comment on important topics.