Brett Kavanaugh: Judicial Temperament, or Adolescent Temper?

The issue of whether Brett Kavanaugh sexually assaulted Christine Blasey Ford is much more complex than a simple “he-said, she-said” situation. For the Republicans, it’s not about what Kavanaugh did or didn’t do…It’s about having their man on the Supreme Court. Indeed, Fifty-four percent of Republicans said that Supreme Court nominee Brett Kavanaugh should be confirmed, “regardless of whether (Christine Blasey) Ford’s allegations are true,” according to a recent NPR/PBS News Hour/Marist poll.

But putting aside (for a moment) the question of whether Kavanaugh did the things he is accused of (by two women in addition to Blasey Ford), Kavanaugh showed some worrisome traits – traits that are the opposite of those befitting a Supreme Court Justice.

First, he demonstrated an adolescent belligerence at various times during his questioning. When asked by Senator Amy Klobuchar, D-Minn, whether he had ever drunk so much that he blacked out, Kavanaugh responded, “You’re asking about black out, I don’t know, have you?”

If he were a teenager and spoke to his parents in that manner, he’d likely be grounded. But he’s an adult who spoke to a U.S. Senator that way, and the Republicans want to reward him with a Supreme Court judgeship.

Second, Kavanaugh lost his temper and general composure at various times during questioning, lashing out at Democrats and accusing them of conspiring against him as revenge “on behalf of the Clintons.” (Kavanaugh was an associate counsel for Ken Starr, the independent counsel who investigated Bill Clinton.) This and other accusations of Democrat conspiracy, along with his warning that he would “threaten the lives of millions of Americans for decades to come,” should alarm us. Not only do Brett Kavanaugh’s statements and manner reveal his ability to maintain calm under pressure, they also underline his clear partisanship.

Third, Kavanaugh has been caught in several “small” lies from his testimony. He claimed that he had no connections to Yale, and that he got in by “working his butt off.” In reality, his grandfather attended Yale, and this makes Kavanaugh a legacy student. When asked about an item on his calendar (“Devil’s Triangle”) from when he was in high school, he claimed it was the name of a drinking game though, in reality, it is the name for a sexual situation with two men and one woman. Since Thursday’s hearing, several classmates of Kavanaugh’s have come forward, saying that he downplayed the degree to which he drank, as well as having lied about never blacking out.

Though the lies in Kavanaugh’s testimony may seem small, they are still lies. Lying under oath is perjury.

As Chad Ludington, a former Yale classmate of Kavanaugh, said, “I do believe that Brett’s actions as a 53-year-old federal judge matter. If he lied about his past actions on national television, and more especially while speaking under oath in front of the United States Senate, I believe those lies should have consequences. It is truth that is at stake, and I believe that the ability to speak the truth, even when it does not reflect well upon oneself, is a paramount quality we seek in our nation’s most powerful judges.”

Kavanaugh has clearly shown himself to be lacking the temperament and integrity that is crucial for one of our country’s highest interpreters of the law. Republicans were willing to put aside one man’s blatant misogyny, proven dishonesty, and lack of respect for others, and elect him president. Should it surprise us, then, that the Republicans maintain their support for Kavanaugh?

Kavanaugh classmate: He has not told the truth | CNN [2018-10-01]

Trump expands scope of FBI probe into Kavanaugh | Fox New [2018-10-01]

Some Still Believe Trump’s Falsehoods

Recent polls indicate a steady decline in the percentage of Americans who believe Donald Trump’s constant flow of falsehoods. (According to The Washington Post’s ongoing tally, Trump made 4,713 false or misleading statements in his first 592 days in office.) The most recent CNN poll conducted by SSRS shows that Trump’s credibility rating is at an all-time low, with only 32 percent of respondents in a random sampling saying that they see Trump as honest and trustworthy—that is, they believe him when he spouts those falsehoods.

The same poll asked respondents to compare Trump with “most other politicians in Washington” on these factors: honesty, intelligence, corruptness, and being “in touch” (presumably with what’s actually going on outside Trump’s own mind). Donald Trump was on the lower end of each of these comparisons. Regarding honesty, 45 percent feel that Trump is less honest than most other Washington politicians. 47 percent view Trump as less intelligent, 41 percent see him as more corrupt, and 47 percent say Trump is less “in touch.” On the other hand, 27 percent say that Trump is more honest, as well as less corrupt, 28 percent say that he is more “in touch,” and 22 percent say that Donald Trump is more intelligent than other politicians in Washington.

So, what about that 32 percent who still see Donald Trump’s falsehoods as truths (27 percent of whom said he is more honest as well as less corrupt than most other Washington politicians)? How is it that, even in the face of blatant falsehoods (also known as lies), even this small percentage of people continue to put their trust in the veracity of what Donald Trump says and does?

A plausible explanation might be what Michael Shermer proposes in his 2011 book, The Believing Brain:

“Simply put, beliefs come first and explanations for beliefs follow. The brain…is a belief engine. Using sensory data that flow in through the senses, the brain naturally begins to look for and find patterns, and then infuses those patterns with meaning, forming beliefs. Once beliefs are formed, the brain begins to look for and find confirmatory evidence in support of those beliefs, accelerating the process of reinforcing them, and round and round the process goes in a positive-feedback loop.”

In other words, once we form a belief, we continue to look for “evidence” that supports that belief. And to reinforce the “truth” of that belief, we reject data that contradicts the validity of that belief.

This could explain why, even when presented with evidence of corruptness and exposure of falsehood, supporters of Donald Trump continue to support him, no matter what. All humans, as a matter of fact, tend to nourish the foundation of their beliefs in this way, rejecting anything that contradicts them.

One would hope, though, that most of us, at least when confronted with evidence of someone’s dishonesty, corruptness, and lack of integrity, might find it logical to change our minds about that person. Trump supporters, however, go one step further in rejecting contradicting evidence. They reject even the notion that Donald Trump’s falsehoods are, in fact, falsehoods. This allows them to pinch off their receptiveness to even obvious, proven facts when those facts contradict what Trump has said, thus stopping even a trickle of truth before it threatens them.

Donald Trump’s supporters ignore his many, many falsehoods because they have perhaps arrived at the point where they are unable to recognize them as such. Or, if they recognize his statements as false or misleading, they easily explain them away. Or, if they can’t, they find a way to simply dismiss them. Trump supporters feel that they have found someone who represents them – who “has their backs,” however far from reality that idea is. So, despite Trump’s (now more than) 4,713 falsehoods, they will do whatever it takes to support their belief in him.

Unraveling President Trump’s top 5 claims | Fact Checker
Washington Post  [2018-09-04]

Despite Scandals, Trump Supporters Remain Committed | VOA News [2018-09-10]