Why Brett Kavanaugh Should not be a Supreme Court Justice

brett kavanaugh accuser, dr. ford, sexual harassment attorney, senator chuck grassley
Brett Kavanaugh and accuser Christine Blasey Ford

Why Brett Kavanaugh Should not be a Supreme Court Justice

With next month marking nineteen years in the law for me, I gave thought to the hundreds of judges I’ve dealt with throughout my career.

There’s no doubt I’ve met some nice ones, bad ones, competent and incompetent judges along the way. I’ve had some nasty arguments with judges and it goes without saying I haven’t always agreed with every judge nor them with me. But, there is one thing I can guarantee: I’ve never had to deal on a personal or professional level with a dishonest judge.

In Miami, every judge has a sign behind them that reads “we who labor here seek the truth.” It’s a simple, yet powerful reminder of what a judge’s obligations is and that of the attorneys.

With Christine Blasey Ford’s accusations of sexual assault on Supreme Court nominee Brett Kavanaugh, where is the search for the truth?

I get it. Senator Chuck Grassley is giving Dr. Ford the opportunity to speak at a hearing he scheduled arbitrarily, but at that hearing we will not know the truth, just the version of facts stated by Ford and those of Kavanaugh which will be deny, deny, deny.

How do you find the truth? Well, in the real world of trial law you do so with evidence and witnesses. Dr. Ford has placed a witness in the room, Mark Judge, and Judge was a friend of Kavanaugh at the time.

 

Senator Chuck Grassley and the rest of the GOP could issue a subpoena on Judge to force him to testify. Why haven’t they?

Dr. Ford has lived a quiet life until now. She has been forced out of her own home along with her family to live in a secret location because of the death threats she is receiving. What does she want in return? A guarantee of her safety and to let the FBI complete an investigation on the incident. Isn’t that reasonable? Let the cards fall where they may? What better way to get to the bottom of this than to have the world’s greatest investigators look into it?

By the way- who lies about something of this magnitude and then places a witness at the incident and voluntarily requests the FBI to investigate the matter? If I were Dr. Ford and I were lying, I would want no witnesses, no FBI, and a closed session with Senators.

But all that aside, I have one major issue with Kavanaugh: why isn’t he requesting the FBI to complete their investigation? As a justice, one who seeks the truth, he should be the first one requesting the FBI’s involvement. As a matter of fact, it should have been his idea. Instead, he just wants to push his confirmation through.

A Supreme Court Justice is the highest respect and honor a lawyer can be given. But, when did a job, any job, become more important than the truth? Kavanaugh has children and I’m sure so does Senator Grassley and the rest of the Republicans. Don’t they want to lead by example? Show their family, their children that the search for truth supersedes everything else?

This is the perfect opportunity to show the country how perfect our system of government can be and that this isn’t about winning at any and all costs and that sometimes even when you lose, you still win.

By Kavanaugh not pushing for the FBI investigation, he’s exactly the type of person I don’t want in any public office, especially as a Supreme Court Justice with a life-long appointment.

Alexander Hernandez, Esq.
Twitter @mcatty_alex

U.S. Supreme Court Pages

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