Rethinking Jeff Flake’s Rethinking

John McCormack credits Jeff Flake for helping to clear Brett Kavanaugh’s name through his push for a one week pause in the proceedings.

Shortly after 11 a.m. on Thursday, October 4, Democratic senators Dianne Feinstein and Chuck Schumer spoke to the press following a confidential briefing about the FBI’s supplemental background check. While the senators were limited about what they could say, Feinstein focused first on the fact that neither Kavanaugh nor Ford, who testified publicly for hours last week, were interviewed by the FBI.

If the FBI investigation had turned up some groundbreaking new information, that is not the kind of thing you’d expect the Democratic senators to focus on.

The FBI interviewed all the alleged party attendees—Ford’s lifelong female friend Leland Ingham Keyser, Kavanaugh friend P.J. Smyth, and alleged accomplice Mark Judge. Keyser had previously said she recalls no party at which Kavanaugh was present and does not know Kavanaugh. Schumer and Feinstein gave no indication Keyser has changed her story.

The FBI also interviewed Chris Garrett, a person Ford went out with around the time of the alleged assault in 1982 and Ford’s only known social connection to Kavanaugh and Judge. The FBI also interviewed Tim Gaudette, who hosted a July 1, 1982, party that has been the focus of much speculation. Schumer and Feinstein gave no indication those interviews turned up groundbreaking information.

Senate Judiciary Committee chairman Chuck Grassley said in a statement: “This investigation found no hint of misconduct and the same is true of the six prior FBI background investigations conducted during Judge Kavanaugh’s 25 years of public service.”

Republican senator Susan Collins of Maine, a key undecided vote, said this morning: “It appears to be a very thorough investigation.”

Indeed, the constant goalpost moving is a sure sign that the FBI investigation turned up nothing to corroborate Ford’s allegations, and other developments suggest Ford’s case against Kavanaugh is more suspect than we thought even a week ago.

So, did Flake wind up helping Kavanaugh, or at least did he help engineer something which will at ease some of the bitter feelings against him? I am not sure about that. Susan Collins is set to announce her vote, and Flake has already said he is now a yes (though he’s said that before). If Collins and/or Manchin vote for Kavanaugh, then he will be confirmed despite Lisa Murkowski’s no vote. At the very least, then, this pause didn’t hurt Kavanaugh.

But did it really make a difference? Did the general public’s opinion of the situation change appreciably? McCormack ably lays out the various ways the case against Kavanaugh has crumbled, but how many people are paying close attention and had their opinions change? That may be unknowable.

At the very least, I have been moved enough to delete an earlier post about Flake’s actions from a week ago. It was much too snarky and condescending, and in retrospect I let emotions run away from me.

Oddly, it was listening to Rush Limbaugh that caused me to delete the post. I have listened to Limbaugh only a handful of times in the past three years, and just happened to catch his program for a few minutes today. He was actually very understanding towards Flake, Collins, and Murkowski. The three of them have been inundated with calls, emails, tweets, etc, and they have received vile threats against them and their families. All Republicans have, but these three have borne the brunt of most of the anger. I can’t imagine what it would be like to face that much hate, and to receive credible threats against one’s security.

Buckling to the angry voices – as Flake may have done after being confronted by angry protesters – does embolden those angry voices, but I also haven’t been in his shoes. I’m not totally convinced Flake should receive credit for his seeming change of heart, but I’ll give him enough benefit of the doubt to back off my earlier denunciation.