The Right Coast

Editor: Thomas A. Smith
University of San Diego
School of Law

Monday, October 8, 2018

Trying to impeach Kavanaugh will only raise questions about Ford | TheHill

What happened here is simple. Either Ford is lying about being assaulted by Kavanaugh, or Kavanaugh is lying in denying it. But Washington somehow decided there was no need to resolve this central dilemma. So, we end up with a result that satisfies no one: Kavanaugh gets a pass, as an accused should, because the case against him is woefully weak — Ford’s account is not only unverified but rebutted by the supposed witnesses she has named; yet, Kavanaugh remains under a cloud of suspicion because his Senate supporters conceded Ford’s credibility even though, no matter how sincere she may seem, her story is not credible.

That, I believe, is as good as it can get for Democrats: They have succeeded in damaging Kavanaugh, even though they must accept that he is on the Supreme Court to stay. Yet, if they try to impeach him, the smear could be expunged. Smearing is not good enough in an impeachment effort; Democrats would have to prove — repeat, prove — that Kavanaugh has committed impeachable offenses. That is, they would have to prove that Ford is telling the truth.

I don’t think they can do it.


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