Ferguson: What could go right?

[caption id="attachment_319733" align="aligncenter" width="600"] Associate Associate Justice Brett M. Kavanaugh (right) with retired Justice Anthony M. Kennedy. [Credit: Fred Schilling, Collection of the Supreme Court of the United States Public domain][/caption]

Two items from the New York Times story that has re-opened the Brett Kavanaugh debate again. It is presented by the paper as "This essay is adapted from the forthcoming book “The Education of Brett Kavanaugh: An Investigation.”

First:

But while we found Dr. Ford’s allegations credible during a 10-month investigation, Ms. Ramirez’s story could be more fully corroborated. During his Senate testimony, Mr. Kavanaugh said that if the incident Ms. Ramirez described had occurred, it would have been “the talk of campus.” Our reporting suggests that it was.

At least seven people, including Ms. Ramirez’s mother, heard about the Yale incident long before Mr. Kavanaugh was a federal judge. Two of those people were classmates who learned of it just days after the party occurred, suggesting that it was discussed among students at the time.

We also uncovered a previously unreported story about Mr. Kavanaugh in his freshman year that echoes Ms. Ramirez’s allegation. A classmate, Max Stier, saw Mr. Kavanaugh with his pants down at a different drunken dorm party, where friends pushed his penis into the hand of a female student. Mr. Stier, who runs a nonprofit organization in Washington, notified senators and the F.B.I. about this account, but the F.B.I. did not investigate and Mr. Stier has declined to discuss it publicly. (We corroborated the story with two officials who have communicated with Mr. Stier.)

Mr. Kavanaugh did not speak to us because we could not agree on terms for an interview. But he has denied Dr. Ford’s and Ms. Ramirez’s allegations, and declined to answer our questions about Mr. Stier’s account.

Second:

Mr. Kavanaugh’s confirmation hearings were wrenching, as he strained to defend his character after Dr. Ford’s searing testimony. Thousands of miles away, Ms. Ramirez, who was never asked to testify, also found the hearings distressing. Her efforts to backstop her recollections with friends would later be cited as evidence that her memory was unreliable or that she was trying to construct a story rather than confirm one.

Ms. Ramirez’s legal team gave the F.B.I. a list of at least 25 individuals who may have had corroborating evidence. But the bureau — in its supplemental background investigation — interviewed none of them, though we learned many of these potential witnesses tried in vain to reach the F.B.I. on their own.

Two F.B.I. agents interviewed Ms. Ramirez, telling her that they found her “credible.” But the Republican-controlled Senate had imposed strict limits on the investigation. “‘We have to wait to get authorization to do anything else,’” Bill Pittard, one of Ms. Ramirez’s lawyers, recalled the agents saying. “It was almost a little apologetic.”

Senator Sheldon Whitehouse, Democrat of Rhode Island and member of the Judiciary Committee, later said, “I would view the Ramirez allegations as not having been even remotely investigated.” Other Democrats agreed.

Ultimately, Senator Charles E. Grassley, Republican of Iowa and chairman of the Judiciary Committee, concluded, “There is no corroboration of the allegations made by Dr. Ford or Ms. Ramirez.” Mr. Kavanaugh was confirmed on Oct. 6, 2018, by a vote of 50-48, the closest vote for a Supreme Court justice in more than 130 years.