Looking at the Kavanaugh nomination circus, anyone who has half a brain knows the process is broken, though sadly many choose not to see what they know. So, what does this tell us – not only about the Kavanaugh hearings, but about America itself? Let me suggest a few things.
We are losing America as we know it. The original motto of our Country, adopted by act of Congress, in 1782, is “E pluribus Unum.” That means “From many, one.” Even though changed to "In God we trust" in 1956, "e pluribus unum" has been for 200+ years a perfect description of our country: many diverse people with diverse views come together under one rule of law, set forth in the Constitution. That Constitution’s guidelines allow us to hold our individual beliefs yet bind us together as one people who believe in liberty and justice for all. It sets forth principles of due process which provide for fair and equal treatment and which are essential for any form of democracy. Because we held our Constitution and the rule of law in high esteem, we were able to disagree, sometimes heatedly, about policy and actions of the country while at the same time all believing in and hoping for the success and vitality of our democracy and our country.
We have lost this. With the rise of identity politics we have devolved into tribes, each concerned primarily with their own interests and not with the good of the country or of the individuals who make up one or another tribe. We have become willing to ignore the rule of law and the Constitution as tribe fights against tribe.
The Kavanaugh hearing has become about women and the MeToo movement. Dr. Ford has lost her individual identity to become simply a representative of the tribe of MeToo women. That tribe seems to be at war with the tribe of white, conservative men as represented by Judge Kavanaugh, or simply the tribe of non-activist judges that one would anticipate a non-liberal president to appoint.
Dr. Ford is not all women; she is one woman, one individual and this is one alleged event. This is not a trial of all women vs. all men. Yet that is what it seems to have become. And, in so becoming we have thrown out the core democratic principles of due process. Now, rather than evidence, what matters is who puts on the best show – who is the most “compelling” witness, who cries or does not cry, who is the most sympathetic. We ask “should a man be brought to tears by what he claims is an unfounded allegation?” Does that mean he is weak? What we are doing is painting all men with one brush, not seeing each person as the individual he or she is. We are one tribe against another.
We see the rise of tribes playing out in our elections as well. We are told to vote for someone because they are a woman or a Native American or a Black or an Hispanic or an Immigrant or a Republican or a Democrat or a veteran or a Muslim or – the list goes on. We no longer look for the candidate who is best for America, but the one who will represent the tribe that we may happen to favor. Similarly, in the Kavanaugh nomination, we have forgotten about the Constitution and the qualifications of a Justice. It has become nothing more than a battle for tribal power.
Looking at the Kavanaugh hearings, we should be alarmed by how little the Constitution means to so many. We should be alarmed at how the media, rather than present facts objectively and fully to the people, participate as propaganda machines for one or another tribal interest. It has almost become a game – whom do you believe? It is little more than a reality show; I’m surprised they haven’t asked people to call in with their judgment – text 1 for Kavanaugh, 2 for Ford. This is not justice, this is not due process, this is not representative of what the Constitution and this Country stand for.
The Kavanaugh circus, which has turned into a Show Trial and which ignores the rule of law demonstrates how easily we are able to ignore the Constitution. This ignoring of process began when the Democrats sat on Dr. Ford’s allegation when they could have brought it forth in closed session during the original hearing. The Democrats chose not to do so, but instead held it as a weapon, meanwhile finding a lawyer and Democrat operative to advise Ford. Only when it seemed that Kavanaugh would be confirmed did the Democrats bring the allegation forward – not for Ford, but as a weapon against Kavanaugh. At that point I wish Sen. Grassley had said, “too bad, too late, hearing closed. Go bring your allegation in court.” But he did not. Because of fear of the MeToo coalition he put the rules aside and reopened the hearing. Then, when the Democrats weren’t yet ready to present Ford we had delay upon delay upon delay as hearing deadlines came and went for things like her “fear of flying” which we learned from her own testimony is bogus. Her lawyers wouldn’t agree to the committee's offer to come to Dr. Ford when they were under the impression she feared flying, but again, from Ford’s testimony it appears she was never told this was a possibility. This all reeks of stall tactics not for justice or concern for Dr. Ford, but as part of the attack on Judge Kavanaugh and the tribe he represents, a tribe which has been declared the enemy of the Democrats.
This ease with which we ignore the rule of law that once held us together sets a very dangerous precedent. In the Kavanaugh circus we have thrown out the rules because of fear of various tribal interests and emotional hysteria. There is no due process for either party and the Constitution and rule of law have become a casualty as people justify the use of any means necessary to achieve their end goal of victory for their tribe. This has become an example of mob rule, not rule of law. In this case, by following the precedent that the rules don't matter, the vote on Kavanaugh could be delayed forever as the Kavanaugh opponents parade out allegation after allegation and demand investigation after investigation. Like Stalin's Beria, they have their victim, they will continue to search for the crime. This case is especially troubling because of the way the Democrats have used Ford, demonstrating that they care less about the individual and her anguish than about their own political power.
But, beyond this case, we are seeing a precedent where we are willing to ignore the rule of law – the constitution – to serve political ends. If we are willing to do that here, then really that document, the Constitution, that binds us all together with rights and responsibilities that apply to all, has lost its meaning. And when it has lost its meaning then we as a country have lost our meaning – we are no longer one people, but a bunch of tribes each fighting for our own interests.
This crisis of America did not begin with the Kavanaugh hearing. It has been building for years – years long before Donald Trump even became a politician. It is fueled by lack of education about the fundamentals of our government and objective history of our country and its place in the world. It is fueled by a media that cares less about truth than about ratings and that is more than willing to become a propaganda machine for one or another group. And, it is boosted by the use of identity politics that raise a tribal identity over the individual and then foment the hatred of one tribe against another.
America is now, however, at a true and important crossroad. Will we continue on the path of tribalism, or will we stand against it and for the unified America that holds the Constitution and the rule of law as its unifying and guiding principle? Will we assume that all people of a particular tribe think and act the same, or will we recognize people as the individuals that they are? Are we willing to sacrifice our individual voices and the reason and fairness of the rule of law to a world where tribe fights tribe by suppressing all opposing voices? Or, are we able to accept our imperfect democracy and work to save it? Are we still able to welcome diverse voices and viewpoints all with a common cause of protecting and defending the Constitutional freedoms, rights, and responsibilities that have made America a shining example to the world for over 200 years?
Now is the time to decide, because once we throw out our common purpose and its guiding principle, then it will be very hard, if not impossible, to get it back. I truly believe that anyone who cares about this country and the freedom, justice, and fairness for which it stands needs to stand up and speak out now or I really fear what we will become.
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