Kavanaugh accuser admits accusation was false

Judy Munro-Leighton, who alleged in an October 3 email to the Senate Judiciary Committee that she had been raped by Brett Kavanaugh, has now admitted that she fabricated the story as a “tactic” to stop his nomination to the U.S. Supreme Court.

In her email, Munro-Leighton identified herself as the “Jane Doe” who had sent an anonymous letter to Senator Kamala Harris in September, alleging that Kavanaugh and a friend had raped her “several times each” in a car. No time frame or additional details were provided. After receiving the email, Judiciary Committee staffers tried in vain to reach Munro-Leighton for nearly a month. When they finally were able to connect with her in early November, she admitted that she had not written the original “Jane Doe” letter and that her email was a way “to grab attention.”

This is appalling. False accusations undermine the very fabric of the justice system, and false accusations against a judge threaten the legitimacy of the courts. They also represent an assault on real accusations, hurting the ability of real victims to tell their stories and seek some measure of justice.

Senator Charles Grassley has referred Munro-Leighton to the FBI for further investigation for the federal violations of making materially false statements and obstruction.

Good.

Justice O’Connor’s fortitude

JMS and SDOC

Like so many others, I was saddened by the news that Justice Sandra Day O’Connor is battling early stages of dementia. Now 88 years old, Justice O’Connor has been in the national spotlight for nearly four decades. Even after she retired from the Court in 2006, she stayed very much in public life, first founding the iCivics program and then lending her name and cachet to the O’Connor Judicial Selection Plan. Her absence from the public sphere will be missed.

So will her wit, razor-sharp mind, and commitment to the judiciary. A former Arizona state legislator, O’Connor never forgot the importance of justifying the work of the courts to other branches of government, and to the American people. Her opinion in Planned Parenthood v. Casey (1992) observed that the Court’s power lies “in its legitimacy, a product of substance and perception that shows itself in the people’s acceptance of the Judiciary as fit to determine what the Nation’s law means and to declare what it demands.” Her work with iCivics emphasized the importance of understanding our government institutions and holding them appropriately accountable. And her crusade against judicial elections over the past decade was grounded in the belief that when judges act like politicians, the integrity and legitimacy of the courts suffer.

I was lucky enough to spend time with Justice O’Connor once, about ten years ago. She came by the IAALS office in what I assumed would be a short meet-and-greet. She sat at a table with our (small) staff, and asked what we were working on. At the time, I was heavily focused on judicial performance evaluation. Justice O’Connor was interested–interested enough, in fact, to pepper me with detailed and remarkably incisive questions for about 20 minutes. It was both a terrifying and exhilarating experience–the closest I have ever come to a Supreme Court oral argument. And this was on a topic that she professed to know very little about.

The recent news has led to a cascade of well-wishes from across the political spectrum. Let me add to the chorus. My thoughts are with her and her family as she embarks on this new stage of life.

Above: Your humble blogger with Justice O’Connor, circa 2007.

Kavanaugh’s “open mind” on courtroom cameras

My latest post for the New England Faculty Blog explores why Brett Kavanaugh’s professed “open mind” about broadcasting Supreme Court arguments may be more than the ordinary confirmation hearing blather.

Scenes from a tire fire: Day One of the Kavanaugh hearings

Yesterday’s first day of confirmation hearings for Brett Kavanaugh was a colossal embarrassment for everyone, save perhaps the nominee himself. It began with a series of sophomoric interruptions from protesters inside the Senate chamber–an undignified and unfortunate extension of our current national tantrum, which increasingly values volume and resistance over logic or civility. Watching the early minutes of the hearing, I kept waiting for a member of the committee–Chairman Grassley, or for that matter any of the Democrats within whose camp the protesters fell–to make explicit that such interruptions were entirely inappropriate and undignified. I waited in vain. As it was, the ongoing shrieks made it appear that no one really was in control of the moment.

It went largely downhill from there, culminating later in the day in an appalling libel of Judge Kavanaugh’s former clerk Zina Bash by social media trolls on the left, who accused Bash–a Mexican-born granddaughter of Holocaust survivors–of being a white supremacist. The whole event was a sad display of our dysfunctional politics, and a good example of the behavior that judges work to prevent in their own courtrooms.

Indeed, yesterday’s hearing sorely needed a presiding judge–an authority figure with some spine, wisdom, knowledge, and confidence. Nowhere was that better illustrated than during the interminable debate among committee members about the late-produced (or still withheld) documents relating to Judge Kavanaugh’s career. Continue reading “Scenes from a tire fire: Day One of the Kavanaugh hearings”

Kavanaugh hearings livestream

The confirmation hearings for Supreme Court nominee Brett Kavanaugh commenced this morning in Washington, DC. The hearings began with a series of objections by Democratic members of the committee to tens of thousands of pages of documents that have been withheld by the White House.

The livestream of the hearings (from CSPAN) can be found here.