In the wake of Thursday’s tumultuous confirmation hearing, the Friday morning edition of the New York Times reported:
The American Bar Association called Thursday evening for postponing a vote on Judge Brett M. Kavanaugh’s nomination to the Supreme Court until sexual assault and misconduct allegations made by Christine Blasey Ford and others are investigated by the F.B.I.
That added gravitas to the otherwise benign statement the Times cited from the dean of Yale Law School:
The dean of Yale Law School, Judge Kavanaugh’s alma mater, echoed the A.B.A.’s call. “Proceeding with the confirmation process without further investigation is not in the best interest of the Court or our profession,” Dean Heather K. Gerken said in a statement on Friday.
The problem is that the ABA hadn’t changed its position following the conclusion of the hearing as the Times reported. The ABA’s unchanged position makes sense since not a single corroborating shred of evidence was offered during the entire 9 hours of testimony to bolster accuser Christine Blasey-Ford’s account.
A fact that doesn’t go unnoticed by experienced trial attorneys.
In fact, Blasey-Ford had been guilty of a number of significant inconsistencies during questioning by sex crimes prosecutor Rachel Mitchell. Also, sure to have been noticed by the seasoned attorneys on the committee.
According to the Times:
The A.B.A. request was made on Thursday evening in a letter from the association’s president, Robert M. Carlson, to the Senate Judiciary Committee’s chairman, Charles E. Grassley, an Iowa Republican, and Senator Dianne Feinstein of California, the senior Democrat on the panel.
The bar association urged that senators vote on Judge Kavanaugh’s nomination “only after an appropriate background check into the allegations made by Professor Blasey and others is completed by the Federal Bureau of Investigation,” the letter said.
The call for a pause is significant not just because of the bar association’s clout in the legal community, but because an A.B.A. committee had said unanimously a month ago that Judge Kavanaugh was “well qualified” for the Supreme Court, its highest possible designation.
Only none of that was true.
The ABA committee hadn’t changed it’s position. The Times had sought out the personal opinion of American Bar Association President Robert Carlson without fact-checking whether he had the backing of the committee. He didn’t:
“The correspondence by Robert Carlson, President of the American Bar Association…was not received by the American Bar Association’s Standing Committee on the Federal Judiciary prior to its issuance…The ABA’s rating for Judge Kavanaugh is not affected by Mr. Carlson’s letter.” pic.twitter.com/d8oYYGFcK1
— Senate Judiciary (@senjudiciary) September 28, 2018
The Times fake news report triggered tweets from radical leftists who have been seeking to block Kavanaugh’s confirmation by any means necessary. That included Senator Dick Durbin:
The American Bar Association does not make decisions like this lightly. A neutral, professional FBI investigation is our best path forward on the Kavanaugh nomination. https://t.co/3R5gbJozdf
— Senator Dick Durbin (@SenatorDurbin) September 28, 2018
But read the text of the letter:
Carlson, though the ABA’s president, had no authority to speak on behalf of the entire Association in this case but the New York Times didn’t bother to confirm that fact.