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His attitude while defending himself on the stand is the basis for which I would rescind his nomination. His behavior was not befitting of someone who is about

His attitude while defending himself on the stand is the basis for which I would rescind his nomination. His behavior was not befitting of someone who is about to be conferred lifetime appointment to the highest court in the country. I don’t want him crafting laws and making decisions that impact huge groups of people.

manfredo 8y ago
Behavior such as? Most people who I've seen criticize his behavior essentially boil down to criticizing him for not admitting guilt, or because he tried to discredit Ford - neither of which are valid points in my view. Defending oneself from an accusation inherently entails discrediting the accuser, to criticize defendants for doing so is essentially saying it should be socially unacceptable to defend oneself from an accusation. While I probably won't agree with Kavanaugh's court opinions, the opposition to his appointment also has negative effects. It was correlated with a drop in trust for alleged victims of sexual assault, for example: https://www.economist.com/graphic-detail/2018/10/15/after-a-year-of-metoo-american-opinion-has-shifted-against-victims https://www.economist.com/graphic-detail/2018/10/15/after-a-...
- lern_too_spel 8y ago
  He was often blackout drunk according to his classmates, but he repeatedly lied and said he wasn't.
- jacobolus 8y ago
  Behavior such as repeatedly making easily disprovable statements (which numerous past acquaintances who had no particular reason to otherwise make public statements about his nomination called out as blatant lies), and pugnaciously asking a Senator whether she ever gets black-out drunk. After starting his career in politics as a vicious partisan hack e.g. involved directly in a conspiracy to undermine Judiciary Committee hearings, perjuring himself in his first judicial confirmation hearing, and spending his judicial career on tireless and extreme support for corporate interests, he should have not been the nominee; there are many less controversial and more respected choices among high-profile career members of the GOP. But if he had acted like an adult in the hearing and been willing to admit to being an angry drunken partier as in his teens and twenties who might have done stupid things and not remembered, and demonstrated some contrition and sign of personal growth, I and many others would have some respect for it. Instead, his behavior was the most hostile and disrespectful I have ever seen in a public hearing. I urge anyone curious about this to watch the 3 hour hearing for yourself. In my view his confirmation is a stain on the Senate and the Court. It cements the public perception that the rich and powerful can do anything they want, remain unapologetic, and face no consequences.
  - manfredo 8y ago
    He repeatedly stated that did consumed large quantities of alcohol in late high school and in college. Maybe there is diagreement over the exact degree of inebriation, but I am not so sure it's correct to say he lied. Regardless, the two points after are where the problematic nature of the complaints against Kavanaugh surface: > who sometimes shoved his penis in women’s faces, Another allegation which he denies. As I predicted, the core complaint is that he denies the allegations made against him. This is effectively constructing a situation in which the accused is guilty of something no matter what. Either 1) the accused does not defend themselves and is guilty of the alleged crimes, or 2) the accused does defend themselves, but in the world view you've constructed this makes them guilty of hostility and disrespect. > and demonstrated some contrition Contrition for what? He denies said allegations. Again, when you get to the bottom of it this is essentially criticizing the fact that Kavanaugh maintained his innocence. This is what was so pernicious about the Kavanaugh hearings that bothered even me, a lifelong Democrat. The fact that merely trying to defend oneself against an allegations is grounds for negative character judgement is at odds with the core principles of justice. > and sign of personal growth, I and many others would have some respect for it. If going from a binge drinking teenager to Supreme Court nominee (let alone Justice) doesn't demonstrate personl growth I don't know what does. This is greater growth than most people on HN will likely achieve (myself included). Update: It appears the above poster had since edited their comment. My response took a while to write, so it could be that their edit was made before my response was done. I urge commenters not to assume bad faith on their part.
    - jacobolus 8y ago
      > He repeatedly stated that did consumed large quantities of alcohol in late high school and in college. No, he repeatedly denied it (while only admitting that he “liked and likes beer” and occasionally drank beer in moderation). He also made up comically absurd lies about his high school yearbook, and lied about several other more serious topics e.g. related to his work for Starr and his work as a Bush staffer. (I don’t intend to re-litigate this here. You can do a web search and find numerous analyses of the details.)
      - 8y ago
- BryantD 8y ago
  > Defending oneself from an accusation inherently entails discrediting the accuser This reduces the question to a black and white decision, which is unreasonable. I see two major flaws here: 1. You're eliding the difference between discrediting the accuser's claim and discrediting the accuser themselves. There is a significant difference between saying "that's not accurate" and saying "the person who said that is a drunken loser who has been out to get me for years." 2. You're likewise removing any distinction between true and untrue responses! Surely it's acceptable to criticize a defendant for lying? Now, we have not established whether or not Kavanaugh was lying, and I'm not saying he was -- but your response completely skips over that entire facet of the question. You are assuming a conclusion which has not been reached.
  - manfredo 8y ago
    >There is a significant difference between saying "that's not accurate" and saying "the person who said that is a drunken loser who has been out to get me for years." Did Kavanaugh ever say the latter? In fact this line of criticism seems to work in his favor: the label "drunken loser" was applied to Kavanaugh much more frequently than it was applied to Ford, at least from the coverage I saw (admittedly, mostly from left leaning outlets so that may be a factor). I'm not sure why you brought up #2 given that you later state that you don't know of any instances in which Kavanaugh lied. Yes, if Kavanaugh lied that would be significant. But as you stated in your own comment, you do not know of any such instances. I am not aware of any statement that was proven to be false either, at least outside of tangents that stretch my idea of relevance to the accusations (e.g. contents in his yearbook). So, yes if Kavanaugh lied that would be valid criticism - but we both agree that this was never demonstrated, so this point is moot.
    - BryantD 8y ago
      No, he did not say such a thing. I'm not specifically addressing Kavanaugh, I'm pointing out a flaw in your logic. You made a general assertion, which I'll quote again: "Defending oneself from an accusation inherently entails discrediting the accuser, to criticize defendants for doing so is essentially saying it should be socially unacceptable to defend oneself from an accusation." Did you mean that, or did you generalize a bit more than you intended while defending Kavanaugh?
jerf 8y ago
Stand in his place for a week and tell me that. To echo manfredo, if the only people we can nominate to the Supreme Court are people who can just calmly sit there while the absolute worst accusations possible are flung against them, we're not going to be nominating new justices any time soon (Democrat or Republican). Or, alternatively, we're going to get a very, very distorted set of justices who lack all emotional affect or something. Or, looking at it from another view point, there is this idea floating around (you're not the first place I've heard it from) that simultaneously, poorly-founded [1] accusations of rape are really, really terrible, like, the worst thing ever, more than sufficient to scotch a nomination to any serious office of the land... but at the same time, a person who is so accused of literally the worst thing ever should also have no reaction to this and be completely impassive in the face of these nominally terrible accusations. Look, either it's that serious and it should be treated that seriously across the board, or it's not that serious at all, and it should be treated unseriously across the board. But if you try to have it both ways, the conclusion people are eventually going to come to is that it must not be serious. That's what's going to win out; are you sure you want that? Do you really want to say that the standard for reacting to being accused of serious crimes is that the accused should just wave the accusations away and be completely unaffected by them? Are you really asking for that to be the standard? Because if you think about it, I bet that's not what you want. [1]: You want to consider them true, you want to consider them false, that's your business, but I'm very comfortable characterizing the accusations as very poorly founded either way.
- perfmode 8y ago
  That office is so important that I’m happy to wait until the right candidate shows up. And I don’t want republicans or Democrats. I want scientists of law with integrity. And there are plenty competent people with integrity. It is people who lack integrity that marginalize them.
  - brodouevencode 8y ago
    Shouldn't that office should be held to the same standards as the other three branches?
weberc2 8y ago
"I don't like their attitude" is even more rife for abuse than blocking nominations on the basis of unsupported allegations...

manfredo 8y ago

Behavior such as? Most people who I've seen criticize his behavior essentially boil down to criticizing him for not admitting guilt, or because he tried to discredit Ford - neither of which are valid points in my view. Defending oneself from an accusation inherently entails discrediting the accuser, to criticize defendants for doing so is essentially saying it should be socially unacceptable to defend oneself from an accusation. While I probably won't agree with Kavanaugh's court opinions, the opposition to his appointment also has negative effects. It was correlated with a drop in trust for alleged victims of sexual assault, for example: https://www.economist.com/graphic-detail/2018/10/15/after-a-year-of-metoo-american-opinion-has-shifted-against-victims https://www.economist.com/graphic-detail/2018/10/15/after-a-...

lern_too_spel 8y ago
He was often blackout drunk according to his classmates, but he repeatedly lied and said he wasn't.
jacobolus 8y ago
Behavior such as repeatedly making easily disprovable statements (which numerous past acquaintances who had no particular reason to otherwise make public statements about his nomination called out as blatant lies), and pugnaciously asking a Senator whether she ever gets black-out drunk. After starting his career in politics as a vicious partisan hack e.g. involved directly in a conspiracy to undermine Judiciary Committee hearings, perjuring himself in his first judicial confirmation hearing, and spending his judicial career on tireless and extreme support for corporate interests, he should have not been the nominee; there are many less controversial and more respected choices among high-profile career members of the GOP. But if he had acted like an adult in the hearing and been willing to admit to being an angry drunken partier as in his teens and twenties who might have done stupid things and not remembered, and demonstrated some contrition and sign of personal growth, I and many others would have some respect for it. Instead, his behavior was the most hostile and disrespectful I have ever seen in a public hearing. I urge anyone curious about this to watch the 3 hour hearing for yourself. In my view his confirmation is a stain on the Senate and the Court. It cements the public perception that the rich and powerful can do anything they want, remain unapologetic, and face no consequences.
- manfredo 8y ago
  He repeatedly stated that did consumed large quantities of alcohol in late high school and in college. Maybe there is diagreement over the exact degree of inebriation, but I am not so sure it's correct to say he lied. Regardless, the two points after are where the problematic nature of the complaints against Kavanaugh surface: > who sometimes shoved his penis in women’s faces, Another allegation which he denies. As I predicted, the core complaint is that he denies the allegations made against him. This is effectively constructing a situation in which the accused is guilty of something no matter what. Either 1) the accused does not defend themselves and is guilty of the alleged crimes, or 2) the accused does defend themselves, but in the world view you've constructed this makes them guilty of hostility and disrespect. > and demonstrated some contrition Contrition for what? He denies said allegations. Again, when you get to the bottom of it this is essentially criticizing the fact that Kavanaugh maintained his innocence. This is what was so pernicious about the Kavanaugh hearings that bothered even me, a lifelong Democrat. The fact that merely trying to defend oneself against an allegations is grounds for negative character judgement is at odds with the core principles of justice. > and sign of personal growth, I and many others would have some respect for it. If going from a binge drinking teenager to Supreme Court nominee (let alone Justice) doesn't demonstrate personl growth I don't know what does. This is greater growth than most people on HN will likely achieve (myself included). Update: It appears the above poster had since edited their comment. My response took a while to write, so it could be that their edit was made before my response was done. I urge commenters not to assume bad faith on their part.
  - jacobolus 8y ago
    > He repeatedly stated that did consumed large quantities of alcohol in late high school and in college. No, he repeatedly denied it (while only admitting that he “liked and likes beer” and occasionally drank beer in moderation). He also made up comically absurd lies about his high school yearbook, and lied about several other more serious topics e.g. related to his work for Starr and his work as a Bush staffer. (I don’t intend to re-litigate this here. You can do a web search and find numerous analyses of the details.)
    - 8y ago
BryantD 8y ago
> Defending oneself from an accusation inherently entails discrediting the accuser This reduces the question to a black and white decision, which is unreasonable. I see two major flaws here: 1. You're eliding the difference between discrediting the accuser's claim and discrediting the accuser themselves. There is a significant difference between saying "that's not accurate" and saying "the person who said that is a drunken loser who has been out to get me for years." 2. You're likewise removing any distinction between true and untrue responses! Surely it's acceptable to criticize a defendant for lying? Now, we have not established whether or not Kavanaugh was lying, and I'm not saying he was -- but your response completely skips over that entire facet of the question. You are assuming a conclusion which has not been reached.
- manfredo 8y ago
  >There is a significant difference between saying "that's not accurate" and saying "the person who said that is a drunken loser who has been out to get me for years." Did Kavanaugh ever say the latter? In fact this line of criticism seems to work in his favor: the label "drunken loser" was applied to Kavanaugh much more frequently than it was applied to Ford, at least from the coverage I saw (admittedly, mostly from left leaning outlets so that may be a factor). I'm not sure why you brought up #2 given that you later state that you don't know of any instances in which Kavanaugh lied. Yes, if Kavanaugh lied that would be significant. But as you stated in your own comment, you do not know of any such instances. I am not aware of any statement that was proven to be false either, at least outside of tangents that stretch my idea of relevance to the accusations (e.g. contents in his yearbook). So, yes if Kavanaugh lied that would be valid criticism - but we both agree that this was never demonstrated, so this point is moot.
  - BryantD 8y ago
    No, he did not say such a thing. I'm not specifically addressing Kavanaugh, I'm pointing out a flaw in your logic. You made a general assertion, which I'll quote again: "Defending oneself from an accusation inherently entails discrediting the accuser, to criticize defendants for doing so is essentially saying it should be socially unacceptable to defend oneself from an accusation." Did you mean that, or did you generalize a bit more than you intended while defending Kavanaugh?

jerf 8y ago

Stand in his place for a week and tell me that. To echo manfredo, if the only people we can nominate to the Supreme Court are people who can just calmly sit there while the absolute worst accusations possible are flung against them, we're not going to be nominating new justices any time soon (Democrat or Republican). Or, alternatively, we're going to get a very, very distorted set of justices who lack all emotional affect or something. Or, looking at it from another view point, there is this idea floating around (you're not the first place I've heard it from) that simultaneously, poorly-founded [1] accusations of rape are really, really terrible, like, the worst thing ever, more than sufficient to scotch a nomination to any serious office of the land... but at the same time, a person who is so accused of literally the worst thing ever should also have no reaction to this and be completely impassive in the face of these nominally terrible accusations. Look, either it's that serious and it should be treated that seriously across the board, or it's not that serious at all, and it should be treated unseriously across the board. But if you try to have it both ways, the conclusion people are eventually going to come to is that it must not be serious. That's what's going to win out; are you sure you want that? Do you really want to say that the standard for reacting to being accused of serious crimes is that the accused should just wave the accusations away and be completely unaffected by them? Are you really asking for that to be the standard? Because if you think about it, I bet that's not what you want. [1]: You want to consider them true, you want to consider them false, that's your business, but I'm very comfortable characterizing the accusations as very poorly founded either way.

perfmode 8y ago
That office is so important that I’m happy to wait until the right candidate shows up. And I don’t want republicans or Democrats. I want scientists of law with integrity. And there are plenty competent people with integrity. It is people who lack integrity that marginalize them.
- brodouevencode 8y ago
  Shouldn't that office should be held to the same standards as the other three branches?

weberc2 8y ago

"I don't like their attitude" is even more rife for abuse than blocking nominations on the basis of unsupported allegations...