I have a few observations on Jeff Flake’s interview with McKay Coppins:
McKay Coppins: As of Friday morning, you were planning to vote to confirm Brett Kavanaugh. By the afternoon, you were calling for an FBI investigation before you could support his confirmation. What happened in those few hours that changed your mind?
Jeff Flake: I don’t know if there was any one thing, but I was just unsettled. You know, when I got back to the committee, I saw the food fight again between the parties—the Democrats saying they’re going to walk out, the Republican blaming everything on the Democrats.
And then there was [Democratic Senator] Chris Coons making an impassioned plea for a one-week extension to have an FBI investigation. And you know, if it was anybody else I wouldn’t have taken it as seriously. But I know Chris. We’ve traveled together a lot. We’ve sat down with Robert Mugabe. We’ve been chased by elephants, literally, in Mozambique. We trust each other. And I thought, if we could actually get something like what he was asking for—an investigation limited in time, limited in scope—we could maybe bring a little unity.
We can’t just have the committee acting like this. The majority and minority parties and their staffs just don’t work well together. There’s no trust. In the investigation, they can’t issue subpoenas like they should. It’s just falling apart.
The most important piece of information in that response is that Sen. Jeff Flake changed his mind because of what an opposing senator said. But it’s important to note that Flake readily admits that he wouldn’t have listened to the same words if spoken by a different Democratic senator. He was willing to listen to Chris Coons because he’s established a relationship with him. The lesson is that being an effective senator is not simply a matter of coming up with the right argument or giving the best speech. To be truly effective, you need to earn and maintain some trust. What makes the partisans’ hearts swell is different from what delivers results for those partisans, and Chris Coons is a vastly unappreciated senator who should serve as a role model to newcomers.
The rest of Flake’s response is fairly obvious stuff to any casual observer of Congress. The two parties do not get along or function in a minimally collegial way. I blame conservatives for this, but things like the Coon-Flake collaboration are rare and getting rarer all the time.
Coppins: So, you were motivated mainly by preserving institutional credibility?
Flake: Two institutions, really. One, the Supreme Court is the lone institution where most Americans still have some faith. And then the U.S. Senate as an institution—we’re coming apart at the seams. There’s no currency, no market for reaching across the aisle. It just makes it so difficult.
Just these last couple of days—the hearing itself, the aftermath of the hearing, watching pundits talk about it on cable TV, seeing the protesters outside, encountering them in the hall. I told Chris, “Our country’s coming apart on this—and it can’t.” And he felt the same.
It’s a shame that Flake is leaving the Senate. It’s true that his replacement will potentially have a vastly better voting record or even provide for a Democratic majority in the Senate, but Flake seems to be alone or nearly so among Republicans in recognizing the need to take steps to tamp down the divides that are growing in our country. He gets the problem both for Congress and for the Supreme Court, but he won’t be there much longer to use his positive influence.
Coppins: Heading into Friday, what factors were you weighing as you decided how to vote?
Flake: It was a sleepless night. I was getting calls and emails for days from friends and acquaintances saying, “Here’s my story, here’s why I was emboldened to come out.” Dr. Ford’s testimony struck a chord, it really did, with a lot of women.
Coppins: What was it like hearing from some of those women?
Flake: I didn’t expect it. I mean, we’re getting women writing into the office. People we don’t know. Other offices, I’m told, are having the same experience.
In the post-Pie Fight era of this blog, I got my own education from users and diarists about just how alarmingly prevalent sexual abuse of women is in our society. It changed how I viewed the world, and it’s nice to see other men go through a similar process–especially powerful men with votes in the Senate. Hopefully, this will have an positive impact on more than a small handful of politicians, from both parties.
Coppins: The footage of sexual assault survivors confronting you in the elevator Friday has been widely viewed. What was going through your mind when they were talking to you?
Flake: Obviously, it’s an uncomfortable situation. But it was—you know, you feel for them. It was poignant.
I mean, keep in mind, their agenda may be different than mine. I think some of their concern was how Kavanaugh would rule on the court. They may have been there prior to the allegations against him because of his position on some issues. But it certainly struck a chord.
This is where we can still see the impact of tribal loyalty on Flake. He has a hard time listening to people who have a different ideology unless they’ve both been chased by elephants in Mozambique or have some other kind of bonding experience. A lot of people are this way, especially on the right side of the political spectrum, which is why I don’t write in ideological terms very often. It’s simply not persuasive political rhetoric. When I’m brutally critical of Republicans, it’s almost always on moral terms rather than ideological ones, and, truthfully, I’m more apt to consider moral critiques from Republicans than ideological arguments, too.
Coppins: As of now, are you planning to vote to confirm Kavanaugh unless the FBI finds something in the next week that changes your mind?
Flake: Yes. I’m a conservative. He’s a conservative. I plan to support him unless they turn up something—and they might.
This is the bottom line. Even for Flake, ideology is the ultimate barrier to correct moral thinking. I wrote a piece last week making the case against Kavanaugh on completely non-ideological terms and someone on Twitter noted that I’d failed to criticize him for some of his rulings as a judge. That’s intentional. His rulings as a judge are the best argument for him from the point of view of every single Republican in the Senate.
Flake should have seen enough from Kavanaugh in the hearings and record to not want him on the Supreme Court based solely on his truthfulness and temperament. He doesn’t need ironclad proof that he attempted to rape someone and that kind of proof isn’t possible anyway without an unexpected confession. Flake knows that Kavanaugh is toxic and that he’d remain so on the Supreme Court, so he should turn around his standard and say that absent compelling evidence that Dr. Ford has been lying or that her story cannot be true, he can’t support someone so under legitimate suspicion being on the Court with a lifetime appointment.
But he says, “he’s a conservative; I’m a conservative,” as if that alone is enough to justify his confirmation. Flake is falling short here precisely because he’s got ideological blinders on that put desired judicial outcomes ahead of other, higher and more important considerations.
Coppins: What do you want to to know from the FBI? Are there any specific questions lingering in your mind, or witnesses you’re eager to hear from?
Flake: Well, obviously, Mark Judge. That’s the one that sticks out because he was mentioned so much by Dr. Ford, and he might be able to shed some light on her recollection of time and events.
Yes, obviously Mark Judge is the most important witness who needs to be interviewed. He was supposedly in the room during the attempted rape of Dr. Ford. But this is a really inadequate response. What he wants to know is if her story stands up or whether it falls apart under scrutiny. Could a middle-aged woman living in California by pure chance and memory place the same people at a party that are listed on Kavanaugh’s calendar, correctly remember where one of them worked in the weeks afterwards, know that the accused weren’t traveling in Europe that summer or add in all the other details without any of it being disconfirmed?
If Dr. Ford could not have reasonably concocted such a story without making glaring errors, then it’s much more likely that she’s telling the truth. The FBI won’t find hidden camera footage or unseen witnesses, so absent confessions all they can do is try to disprove that the event could have happened under anything approximating the circumstances she described.
She was credible as a witness. So long as that doesn’t change, Kavanaugh should definitely not be confirmed.
Coppins: Your colleague, Ted Cruz, predicted that Mark Judge will just plead the fifth if he’s asked about the allegations—would that change the calculus for you?
Flake: You know, all we can do is ask. We’ve got to try.
This is barely responsive to the question. If Judge refuses to testify on the basis of potential self-incrimination, that ought to influence Flake one way or the other. You can’t give Kavanaugh a pass because his buddy hid behind the Fifth Amendment.
Coppins: You talked earlier about the crisis of authority facing American institutions. Do you worry that confirming Kavanaugh with these allegations hanging over him will do some damage to the long-term credibility of the Supreme Court?
Flake: Obviously. I’ve felt that this delay is as much to help him as us. My hope is that some Democrats will say “Hey, we may not change our vote, but this process was worthy of the institution, and we feel satisfied.” That means something. The country needs to hear that.
This sounds dangerously like Flake is intent on confirming Kavanaugh absent some kind of new evidence emerging from the investigation, but, again, the nature of this investigation is that the FBI can much more easily discredit Dr. Ford than find more compelling evidence than Dr. Ford’s testimony against Brett Kavanaugh. She was credible, so if her story stands up the Democrats are not going to think the process justifies confirmation. The country needed a better process and Flake thankfully provided for that, but he won’t have helped the divides in the country if he confirms Kavanaugh anyway when it’s clear that the FBI could not bring significant additional doubt onto Dr. Ford’s allegations.
Senator Flake should be commended for what he’s done and what he’s trying to do, but he’s still too bound up in the partisan warfare to be truly effective at leading us out.
This is the statement that stood out for me: ” I plan to support him unless they turn up something–and they might.”
That dovetails with my theory that he is looking for an off-ramp to this confirmation. There is a big, ugly cloud hanging over Kavanaugh. Flake is correct that will influence people’s attitude about the institution as a body.
There are any number of other people they could have put forward to nominate who wouldn’t have had these issues. Why on earth are they dying on this hill?
Kavanaugh’s expansive view of executive power and presidential exemption from being held accountable?
Said way better, succinctly, and less tin-foily than me. Kav is an authoritarian and he will vote accordingly.
I know that sounds tin-foily to many in certain circles but my guess is that they’re dying on this hill because Kav may be the only nominee who would wield his power to protect Trump from Mueller.
The party leadership is all locked in because the RNC was hacked too. Graham’s performance wasn’t just to be the next AG; he is surely one of many who fear kompromat reveal.
Flake doesn’t care about kompromat because he’s done. Murkowski’s home state is too close for comfort. Collins will be hated no matter what she does. Same with Manchin. They have nothing to lose in that sense.
Also (and maybe just as important), the GOP corporate donor base are sociopaths who demand regular abasement for their patronage. They made Cruz stump for Trump.
Perhaps you phrased this inelegantly, but it will take all 5 of Roberts’ Repubs to protect Der Trumper and his planned pardonees. Boofer Bart merely has publicly stated the most extreme and un-American monarchical views on this. He would need to convince the other 4 members of the Radical Roberts Court to insulate Trumper and his minions and sycophants from all accountability.
Which is not to say that this would be difficult, or that Trumper did not expressly select Bart for his radical “untouchable executive” views (which naturally apply only to a Repub prez, it goes without saying…)
It’s Robert’s court and for the sake of “his Court” and the awful historical verdict it would render, I’m pretty sure he would vote against helping Trump.
Don’t share your confidence, but certainly hope you’re right.
. . . plausible in fact, all of it.
Now if otoh you were declaring it to be fact . . .
This seems wrong. We are in the middle of another Civil War. It’s on. They done fired at Ft. Sumpter and shot holes in our flag in November 2016 when they elected Donald Trump with the aid of Russian Intelligence.
Now we just have to stop Pickett’s Charge of Racism before it over-runs us all! And that effort is not going to be helped by some imbecilic hope that Jeff Flake will ever do the right thing in the end. About anything.
This 1 week delay solves nothing. It placates nobody. Lots more evidence will emerge that Judge Rapey got drunk and frisky with a lot of girls. Not just Dr. Ford by any means. That bastard friend of his admitted to his former girl-friend that he raped a girl in high school and now she’s testifying about it to the FBI?
And that girl cannot have been Dr. Ford since they didn’t actually succeed in raping her. But, NO AMOUNT OF EVIDENCE will convince any Republican to vote against him in the end.
NONE. Unless the FBI decides to indict Kavanaugh they will confirm him.
As for Flake, he might be nicer to the other members of his little millionaires club than someone like Ted Cruz, but it’s like putting sprinkles on a dung pile. “Aren’t they sure a lot sparklier than Sen. Dung-pile McConnell.”
Who cares? We’d better start fighting like they are or we’ll keep getting routed. When Hitler routed France the nations of the world sat up and realized “we’d better figure out how to deal with these Bltizkreig Tactics right now!” They weren’t worrying about how to make the fight more civilized.
Flake is not an ally, not even a temporary one. He’s the enemy. He’s aiding and abetting treason and the destruction of our democracy, not to mention what he’s currently doing to women.
His proposal might be tactically useful for 1 week, and then he’s right back to confirming Judge Rapey McDrunk.
His base will punish the slightest sign of collegiality so there won’t be any. Get used to it. Because whining about the state of affairs is useless. Like complaining in the middle of the Battle of Stalingrad that “things aren’t as peaceful as they used to be!”
This sort of commentary sends me back to wondering just how many GOP voters are comfortable with if not outright proponents of authoritarian rule. It’s an uncomfortably large number certainly.
Also, apropos the Fort Sumter analogy, do we have any way to make a realistic assessment of who in the GOP leadership might have been aware of or actively involved in the shenanigans with Russia? I can see Trump and his minions selling out anyone to win the election. Can we say the same about guys like Paul Ryan? I see a lot of those guys as cynically using Trump–and stupidly imagining they can control him–and not shying from voter suppression, say. Selling the country out to Putin? I have a harder time with that.
The other thing about the Ft. Sumter analogy is it implies we cannot escape violent insurrection. Think it over before it becomes a self-fulfilling prediction.
“absent compelling evidence that Dr. Ford has been lying or that her story cannot be true”
When we (meaning the government, the State, “we the people”) are administering punishment, we believe that it is better to let ten guilty people go rather than punish one innocent person. So we presume innocence until guilt is proven. When appointing someone to a position of authority, especially great moral authority, it’s clearly better to pass over ten innocent people rather than appoint one guilty one. The burden has to be on Kavanaugh to prove he is fit for the job.
. . . Bart and his Banana Republicans are assiduously trying to pretend the opposite: that if his guilt for what he’s been credibly accused of isn’t proven beyond the criminal legal standard of “a reasonable doubt”, then he’s entitled to the seat he’s been illegitimately nominated to Occupy.
But agreeing to a one-week delay in confirming a perjurer, drunk, and likely rapist to the Supreme Court is, to date, all that he has done on it. He talks a good line, but his actions don’t back it up. He’s more a study in hypocrisy than anything else.
That said, if his actions result in Kavanaugh being kept off the Court, he will have earned a lot of forgiveness. Even if we end up with Amy Coney Barrett instead.
“My hope is some Democrats will say, ‘Hey, we may not change our vote but this process was worthy of the institution, and we feel satisfied.'”
This seems the critical benefit to Flake, although I wonder if he doesn’t mean, “I hope this gambit may be enough to get some Trumper-state Dems to capitulate, and permit a phony bipartisan spin to be placed on this shitstorm for villager delectation”. So he basically agreed to something that was accomplished with unanimous consent in every previous nomination.
Since Dimwit Grassley’s “process” was absolutely and intentionally calculated to ensure that the Committee had no hope of arriving at the truth (5 minutes per Dem to cross examine a hostile witness, bad faith participation from every Repub senator, Dimwit Grassley being ordered to dismiss the female questioner as soon as the perp himself started testifying, Repubs categorically vrefusing a completely routine baseline FBI investigation into credible allegations until after Boofer Bart’s final appearance, etc), one would hope that no Dem would EVER feel “satisfied” with the “process”. The process merely shows the complete decay and collapse of the national government as a result of the “conservative” movement, and its latest iteration, National Trumpalism.
Flake is stating about as clearly as he can that the National Trumpalists can rely on his ultimate vote. Although he likely sees this concession to Coons (that he wouldn’t have dreamt of giving to “anybody else”) as his heroic McCainian “thumbs down!” moment.
In the final analysis, Boofer Bart made plain what Repubs really think: he said he absolutely refuses to withdraw under any circumstance, and he and Der Trumper will instead force the country to continue down this appalling Bataan death march no matter what. If the Boofer is confirmed with Doofus Pence as the deciding vote it wouldn’t bother Trumper, Bart, Flake or the Repub party in the slightest—whatever Flake’s bleating about “concern” for the integrity of the Court or his professed worry that “our country’s coming apart on this”. Cramming through a democratically illegitimate, wholly biased and intemperate 5th Radical Repub “Justice” by an equally divided senate is their idea of “patriotism”. And then they will blame the left for the (predictable) dis-unification of the country.
If the “country coming apart over” this spectacle were truly one’s concern, one might perhaps see a very obvious course to plot as a result, Herr Flake, and it ain’t an “aye” vote…
A nominee who has been credibly accused of sexual assault cannot morally be seated on the Supreme Court – full stop.
I will not miss Flake at all. Set aside most of what he says in this interview. He clearly had decided to vote Kavanaugh out of Committee and was prepared to vote for him in full session, until he was confronted directly and publicly by sexual assault victims as he boarded the Senate elevator. It’s a small consolation that Flake has a sense of shame, especially considering most of his colleagues have none. But his obsession is with the appearance of morality and ethics, rather than the actuality. He wants to preserve his reputation as a morally upright Republican and not be exposed as a public scold without the courage of his convictions.
Like Grassley, he hoped this could be accomplished by simply ‘letting the lady be heard’, as though Ford wouldn’t have preferred to be anywhere else than in that hearing. He didn’t have the courage to speak directly to Ford, hiding behind their “female assistant”. He didn’t demand honest responses from Kavanaugh, and he didn’t have the fortitude to demand a clarifying FBI investigation until he was publicly called out.
We can do with fewer of his like in the Senate and in public life.
It’s tangential to your argument/post, but I crashed on this statement when I read it. I’m not really sure what it means. I’ve certainly heard other right-wingers appeal to moral args before (just recently Rich Lowry on LRC for example).
I don’t understand what kind of “morality” they’re talking about. It smells more like another kind of rationalization for some behavior I don’t like, and one that isn’t accessible to a critique based on reasoning or facts.
Some conservative moral arguments are worth considering, especially if there is some scientific or sociological evidence to support it. But their overall ideological argument is one that I completely reject and don’t have time to debate.
At the same time, I am not going to convince many conservatives to have a default empathy for the less industrious or naturally gifted, but I can sometimes make headway with moral arguments for individual proposals or policies.
RE “Some conservative moral arguments are worth considering, especially if there is some scientific or sociological evidence to support it”:
I would very much welcome you taking the time to expand on this. Are you thinking Haidt’s Moral Foundations Theory, or something else?
Keep up your quality product in any case.
Could you expand on this? Which conservative moral arguments?
How can he possibly justify voting to confirm a man to SCOTUS who lied to him while under oath? That is unethical and immoral.
. . . as a witness. Her psychologist’s understanding of the neurochemistry of memory left her perfectly qualified to assess and distinguish between what she could confidently, reliably remember and the other details that were fuzzy or forgotten — and convincingly explain how the neurochemical reaction to trauma produced the difference. As compelling as testimony of personal experience could get, and cutting off at the knees the Banana Republican attempted diversions about the unreliability of “recovered memories”. (Though, of course that hasn’t prevented them from attempting them anyway: there’s literally nothing too low for them to try; musn’t ever forget, they are evil motherfuckers. Further aside: I’ve been finding the left sidebar at atrios’ place — consisting of Media Matters headlines/links — helpful for keeping tabs on what the rightwingnut propagandists are up to without diving into the shit myself; just skimming the headlines is all I can usually stomach).
I fear you’re right that the FBI investigation — because by the very nature of the subject, as you note, plus some limits I’ve read it’s under — is extremely unlikely to produce either bulletproof corroboration or definitive refutation of either Ford’s testimony or Bart’s denials. Leaving the door open for Flake, Collins, and Murkowski to stay in lockstep with the rest of the Banana Republican Senate caucus in doing exactly as you warn that Flake is signaling here: use the granting of an FBI investigation as their cover for doing the wrong thing (including continuing pretense that this is a legal proceeding instead of a job interview: i.e., “we gave you your investigation, it didn’t prove any of the accusations, so we confirm!”).
Which again leads me to harp on what I think should have been the Dems’ unified strategy all along: complete non-participation in any form in this charade of a confirmation process, under the unassailable, non-partisan, non-political, non-controversial, bedrock legal/ethical principle that a person cannot legitimately appoint a judge to pass judgment over his own case. Which, at least as long as Mueller investigation, emoluments suit, etc., remain unresolved, and pending their outcomes, is the position Bart would be in vis-à-vis Trump if confirmed.
. . . suspicions that the FBI investigation Flake insisted on would be put under such constraints as to render it largely a sham . . .
This isn’t just Kavanaugh’s job interview. It’s Flake’s.
All you can definitively extract from Flake’s most recent gyrations is that the network into whose arms he expects to collapse gratefully and remuneratively isn’t Fox.
Could be CNN, could be MSNBC, could be one of the majors. Somewhere where ‘balance’, ‘sanity’, and ‘moderation’ are bankable commodities….
I agree, except that he could have gotten a spot with those networks just as easily by rejecting Kavanaugh.
My guess, he hopes to have a lucrative career as a lobbyist or at a think tank, and he can’t manage that by blowing up the conservative plans for the Supreme Court.
Republicans made it clear with Trump that they would tolerate a con-man and a bigot who bragged of sexual assault as long as he enacted their agenda as President.
They’re apparently also fine with a man who might well be a rapist on the Supreme Court.
Thus the good faith of this senator.
So he recognizes that the country is coming apart, and he asked for a truncated “limited” investigation, in effect, as a sop to his buddy Chris Coons across the aisle. If we did more of that, he laments, we would hold the country together. (He omits to mention that his play will cover for the coming vote by his cohort to approve the nomination.) The emptiness of his rhetoric, of course, is exposed when it comes to the actual vote and he signs on wholeheartedly to the next step in tearing the country apart. After all, he is a conservative!–who is somehow unable to demand that the White House put forth another conservative nominee who isn’t an insolent liar in his DNA, didn’t abuse young women, didn’t explicitly threaten one of the country’s two major political parties, etc. etc.
If I could believe that his performance here is not just dishonest, bad-faith, prima-donna posturing, I might regret more his departure from the Senate. Mourning the loss of “unity” while voting with the Damp Old Runt seven times out of eight–cui bono?
(Elephants in Mozambique? Srsly???)
The cynics here were 1000% certain that they knew that the ACA would be repealed. They were wrong.
Cynicism is demoralizing. Bitter cynicism demobilizes. We need to remain mobilized, today and tomorrow and all the other days. Quit your bitching. Organize effectively and vote faithfully for the best viable candidates.
Really sick of the sad sack bullshit around here.
When Flake heard what Coons had to say about the wisdom of requesting an investigation and realized it was the best and most cunning way to provide cover for himself and his GOPer confederates and Dems like Manchin and Heitkamp while at the same time removing the appearance of a ‘coverup’ stain on the leadership and depriving the Dems of their legitimate claim of obstruction against him and his cohort he jumped on it.
No conscience involved here. No regard whatsoever for the pight of the complainants against Kavanaugh, and no concern demonstrated about the psychiatrically-aberrant behavior, the evasiveness and outright lying Kavanaugh had already displayed to the committee and which under any reasonable circumstances would have been adjudged to be disqualifying behaviour by any panel of citizens reasonably well developed as far as the ethical and cognitive perceptions required as foundations for informed and responsible decisionmaking is concerned.
Did Coons realize he had been so thoroughly punked by his ‘friend’ Flake? Does he realize it now and is pretending not to?
Getting the delay and the investigation was the right move, even if Flake’s offer was disingenuous. Just as forcing Republicans to allow Ford to speak her allegations was a powerful rebuttal to his nomination. Each of those events has pushed the confirmation back by a week and threatened to derail it.
I don’t know Coons mind, but he wasn’t punked. Republicans are desperate to find a way to get Kavanaugh on the court. The Democrats need to make that process as difficult as possible.
. . . imputing any noble motivation to Flake.
But agree with Jinchi’s pushback re: Coons. Regardless of Flake’s motivations or extent of Coons’ influence on his actions, achieving the week’s delay was an unalloyed good, which reduces, at least marginally, the odds of confirmation. Ergo, Coons did not get “punked”. He done good.