| | | | The obvious contradiction at the heart of Brett Kavanaugh's drinking defense | | Supreme Court nominee Brett Kavanaugh needs two things to be true in order for his past acknowledged drinking to be non-problematic as it relates to the allegations of sexual assault and sexually inappropriate behavior leveled at him by Christine Blasey Ford and Deborah Ramirez:
1) He drank regularly in high school and college, at times to excess.
2) None of those times -- NONE -- did he ever forget anything he had said or done. Not. Once.
This is a position of necessity for Kavanaugh. Given what we know about his past -- and eyewitness testimony from his friends and acquaintances -- it would be impossible for him to pretend he never drank. And so, he has leaned into the idea; "I like beer," he repeated ad nauseam during his testimony in front of the Senate Judiciary Committee last Thursday.
And/But: Because of the accusations leveled by Ford and Ramirez -- among others -- Kavanaugh simply cannot open the door even a teeny tiny little bit to the idea that he may not remember every single thing he said or did during and after he drank. If he did, then the next obvious question would be: "Then how can you say for certain this assault didn't happen during one of those times?" And Kavanaugh would have no answer. And his nomination would be DOA.
Asked by Rachel Mitchell, the prosecutor brought in by Senate Republicans to ask questions of Ford and Kavanaugh, whether he had ever "passed out" after drinking, the judge said this: "I — passed out would be — no, but I've gone to sleep, but — but I've never blacked out. That's the — that's the — the allegation, and that — that — that's wrong."
Pressed on the issue of blacking out by Democratic Minnesota Sen. Amy Klobuchar, Kavanaugh was strident in his response: "It's — you're asking about, you know, blackout. I don't know. Have you?"
On Tuesday night, The New York Times reported on a 1983 letter in which Kavanaugh wrote that the first guests to arrive at a beach house where they planned to spend the week should "warn the neighbors that we're loud, obnoxious drunks with prolific pukers among us." Through his lawyers, Kavanaugh said that he wrote the note to organize "Beach Week" that summer, according to the Times, and a Justice Department spokeswoman said, "It seems The New York Times is committed to embarrassing Judge Kavanaugh with three-decade-old stories of adolescent drinking," the Times reported.
What Kavanaugh's stance on his drinking -- I did it but I never forgot anything ever -- overlooks is common sense. And normal human experience. Anyone who has ever had too much to drink can tell you that it is impossible for them to say they remember every single thing they said or did while under the influence.
The common sense response Kavanaugh might give then is this: Yes, when I was in high school and college, I occasionally drank too much. And on a very limited number of occasions I drank so much that I struggled to remember every detail of the previous night. But I can assure you that the allegations made by Mrs. Ford and Mrs. Ramirez are not the sort of thing I -- or anyone -- would forget.
The Point: Politics is not a world in which common sense rules. And so, we are left with Kavanaugh being forced to fight like hell over a position that 99.9% of college attendees know is ludicrous.
-- Chris | | "It is a very scary time for young men in America, where you can be guilty of something you may not be guilty of."
-- President Donald Trump, speaking to reporters about allegations of sexual misconduct against Supreme Court nominee Brett Kavanaugh. | | | There's a lot to follow in the Kavanaugh news cycle. Here's what we know so far: - GOP Sen. Lindsey Graham says Kavanaugh is "going to be just fine in terms of the vote," and that the nominee's approval now comes down to support from fellow Republican Sens. Lisa Murkowski and Susan Collins. Graham also wants Trump to renominate Kavanaugh if the vote fails.
- Murkowski isn't an absolute yes. The Alaska Republican plans to "wait and see" on the outcome of the current FBI investigation into Kavanaugh's past. She is a key swing vote for the nomination.
- GOP Sen. Jeff Flake is also staying coy and says the FBI's findings will determine whether he votes to approve Kavanaugh to the Supreme Court. This comes a day after a sizable protest outside Flake's speaking engagement in Boston.
- The final FBI report will NOT be made public, according to Senate Majority Leader Mitch McConnell this afternoon.
- President Donald Trump says Kavanaugh is "doing very well" but deferred his Supreme Court nominee's ultimate success to the outcome of the FBI investigation. "I don't think you should lie to Congress and there are a lot of people over the past year who have lied to Congress," Trump told reporters this afternoon. "For me, that would not be acceptable."
- Kavanaugh is no longer teaching at Harvard Law School next semester. He had planned to teach a course at the tony law school starting in January 2019, per CNN's Kate Sullivan and Laura Jarrett.
| | | Today's song is proof that we're not tired of winning whatsoever: "All I Do is Win," 2010's iconic anthem from DJ Khaled, feat. Ludacris, Rick Ross, T-Pain & Snoop Dogg. | | | Today's topic: Teetotaler Trump's thoughts on Kavanaugh's drinking. | | It's a blue wave -- of cash.
Democratic House candidates are hauling in campaign cash hand-over-fist in the latest fundraising quarter, according to CNN's Dan Merica and David Wright. The strong fundraising, primarily from small-dollar donors, is a good sign of an edge for Democrats hoping to notch wins against incumbent Republicans.
Amy McGrath (KY-06) -- $3.65M
Josh Harder (CA-10) -- $3.5M
Sean Casten (IL-06) -- $2.6M
Mike Levin (CA-49) -- $2.2M
Tom Malinowski (NJ-07) -- $2.2M
Abby Finkenauer (IA-01) -- $1.6M
Money isn't the absolute indicator of electoral success (just ask President Hillary Clinton?) but it is an important sign of momentum among a would-be electorate. | | | Have we mentioned that The Point is now on YouTube? In today's episode, Chris lays out the four most likely outcomes for Brett Kavanaugh once the FBI finishes its investigation. Subscribe here for more! | |  | 4 ways the Kavanaugh confirmation could end | | Democratic Senate candidate Beto O'Rourke has apologized for "demeaning comments" he made in his college newspaper about actresses.
In 1991, O'Rourke wrote a critical review of a Broadway musical that said the actresses' "only qualifications seem to be their phenomenally large breasts and tight buttocks."
The Democrat has now apologized, saying in a statement: "I am ashamed of what I wrote and I apologize. There is no excuse for making disrespectful and demeaning comments about women."
O'Rourke is challenging Texas Sen. Ted Cruz this November in one of the closest-watched (and tightest) Senate races in the country. | | First lady Melania Trump has landed in Ghana in the first stop of her first major solo trip abroad as FLOTUS.
CNN's Kate Bennett is on the ground in Africa with the first lady: "Greeted on a tarmac red carpet by Ghana's first lady, Rebecca Akufo-Addo, Trump was presented with a bouquet of flowers wrapped in colorful kente cloth and treated to drum and dancing performances. She spent Tuesday morning visiting Ridge Hospital, where she greeted mothers and babies and passed out teddy bears and blankets."
Trump is expected to also visit Malawi, Kenya and Egypt during her weeklong trip. | | AND MIKE POMPEO DEPARTS 🛫 | | | Secretary of State Mike Pompeo is headed to North Korea later this week, the State Department announced today. The United States and North Korea are participating in ongoing -- albeit rocky -- talks to denuclearize the insular nation. This will mark Pompeo's fourth visit to North Korea, and his third as secretary of state. | | | From Brenna: "In just about the sweetest news you'll hear or see all day, first lady Melania Trump handed out teddy bears and blankets during a trip to a hospital in Ghana. In our office, we snack on Teddy Grahams sometimes -- and also put out a newsletter. Tell your friends to subscribe to The Point!" | | | | | | |
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