Now it’s true that essentially every Court nominee, conservative and liberal, says misleading things about his or her ideology. Everybody knew that Samuel Alito was going to be against Roe v. Wade and Ruth Bader Ginsburg was going to be for it, despite what they may have said at hearing time. That’s a given. But that’s not what we’re talking about here.
This is about lying about their past, their work history, their prior public service. As far as we know, only Kavanaugh and Thomas appear to have lied about that.
Is it just a coincidence that both of these liars are severe right-wingers? After all, liberals lie, too. And liberal men sexually harass women, and I’m sure that over the years a Democratic White House operative or two (or 20) has read material stolen from the other party. So on one level, sure, call it a coincidence.
But looked at another way, it’s not a coincidence at all. And it's not about these men's characters. It's about the goals and methods of the party that advanced them.
With respect to judicial fights, the Republican Party is intent on accomplishing two goals. The first is stacking the Court—actually all federal courts—with hard-right originalists. The second is getting them on the bench in as belligerent and aggressive a way as possible.
As I wrote three weeks ago about the Merrick Garland scandal, the Republican could easily have followed procedure by giving Garland a hearing and voting him down. But they didn’t. They stiff-armed him, President Obama, and the country. Why? Because they could. To show the Democrats that they no longer played by the regular rules.
I would argue that when you put these two factors together, you get judges who are more likely to lie at their hearings. A Democratic president probably would have withdrawn a Clarence Thomas equivalent after the controversy arose; after all, there are plenty of other judges to choose from who probably didn’t put a piece of their pubic hair on a Coke can.
This was clearly the case in 1991, too; George H.W. Bush could have withdrawn Thomas. But Republicans had to win, had to defeat the evil liberals. (It’s true that Ronald Reagan withdrew Douglas Ginsburg in 1987 after allegations arose that he’d smoked pot, but the pressure on that came not from Democrats and liberals but right-wing moralizers like Blackjack Bill Bennett.)
Also, I think a Democratic president would never have nominated a Brett Kavanaugh equivalent in the first place. Kavanaugh’s history was presumably well known to the White House. Not to Donald Trump, obviously, but certainly to the people in the Office of Legal Counsel handling the nomination.
They would have known that he was under suspicion of having lied in 2004. They would have known that his years in the Bush White House would have left a lengthy and quite possibly incriminating paper trail. Democrats are more cautious about these kinds of things, and Republicans could have been, too. The Trump administration had loads of people to choose from who weren’t involved in making torture policy and didn’t read pilfered papers and then mislead the Senate about it under oath 14 years ago.
But they said fuck it. This is our man, and to boot, we’re going to short-circuit the process, hold back documents, let Steve Bannon’s lawyer decide what the Democrats do and don’t get to see, and force a vote before the first Monday in October so that this hard-right ideologue and under-oath liar can take his seat before the next session starts.