Sen. Whitehouse: If Dr. Ford's testimony is true, I hope we can all agree Kavanaugh has no business on the court. And I, for one, believed her. But set aside my own belief. As a prosecutor, I am horrified at what the committee has done. Terminating the FBI background investigation before these new allegations were even considered. Doing partisan interviews by partisan staffers, declaredly determined to force the nominee through. Letting Kavanaugh's alleged accomplice in the assault, the guy in the room with him when it happened, get away with a lawyer's letter and no testimony, no cross-examination. The lawyers in the room will know the reverence with which Wigmore is cited as legal authority in decisions across the country and for decades. beyond any doubt, he wrote, the greatest legal engine ever invented for the discovery of truth is cross-examination. Mark Judge is in hiding instead of under subpoena. And that greatest legal engine has been deliberately disabled in this matter.

From here, Sen. Whitehouse pulled out Mr. Kavanaugh’s “calendar,” and showed how even the most cursory investigation does the opposite of exonerate him.

Sen. Whitehouse: Let me have one example of where investigation might help. Here's Kavanaugh's calendar. Dr. Ford said that Kavanaugh and Judge and P.J. and at least one other boy were all at a house. Well, we know Brett Kavanaugh was there because schedule. And here's Judge, and here's P.J. Here are all those three named boys and others at a house together, just as she said. She said Kavanaugh and Judge were drunk; and that she had a beer. See, “skis” is brewskies … beers. They were drinking, just as she said. Now, I will concede that the two girls aren't mentioned. But spot me this. If you had just sexually assaulted one of the two girls, would you add the girls' names to your calendar? I doubt it. This may, may be powerful corroborating evidence that the assault happened. That it happened that day. And that it happened in that place. But with no FBI investigation, we can't tell. That's how you get out of Lindsey's batter's box. You investigate. It's the least thing a sexual assault victim is entitled to when she comes forward. The FBI could interview all the attendees, not just to obtain simple denials but to cross check and see if the stories add up. The FBI could see if the house matches the locality and description Dr. Ford gave. The FBI could inquire after and pursue other corroborating or exculpatory evidence. it's what they do. Anybody who has done any serious investigation knows you don't stop just with witness statements of interested parties. you run down corroborating and impeaching evidence. You check and cross check. You ask and go back again. You do the basic blocking and tackling of investigation. Partisan interviews by political staff predetermined to clear the nominee just aren't the same as real investigators doing real investigation and corroboration.

Then, Sen. Whitehouse reminded the world that what was going on here was not normal. At all. Nothing in the handling of this process has been kosher.

Sen. Whitehouse: I don't think this has ever happened before in the history of background investigations. Closing out the background investigation without investigating new credible allegations. You cannot tell me Ms. Ford's allegations weren't credible. They were credible enough to get her before the Senate. And yet she was not given the most basic decent thing that a witness or victim could be given after they come forward. Sincere or thorough investigation. Closing out the background investigating new credible allegations, not any of three allegations, all from women demonstrably in Kavanaugh's social circle.

Sen. Whitehouse decided to shoot the Republican fish in the barrel: their hypocrisy, and the fundamental flaw in Kavanaugh’s credibility as a person.

Sen. Whitehouse: Look at this ridiculous letter. From the other alleged assailant in the room. And what's equally ridiculous,—yesterday's fig leaf, I guess you'd call it—where the same statement is repeated, just this time with his signature on it. And ask yourself, do you think investigator Kavanaugh would have tolerated letters like this from the third person in the room, had there been one with Mr. Clinton and Ms. Lewinsky? Never in a million years. And yet this is what we're supposed to satisfy ourselves with in this matter. It is preposterous to anyone who's ever done serious investigation. Yet, this is what we are left with. We have done a botch of an investigation. Over time I expect the facts to come out. They have a way of doing that. Cover-ups never last. The sand is running through Kavanaugh's hourglass, and I pledge whatever I can do to make sure that the truth of his conduct is ultimately determined determined.

Sen. Whitehouse finishes by clarifying the root corruption that has brought us the confirmation of Brett Kavanaugh.

Sen. Whitehouse: Setting aside this botch, we go back to a Supreme Court far too often dancing to the tune of a handful of big Republican special interests. Big Republican special interests funding the federalist society that is now picking Supreme Court nominees. Big Republican special interests using the unlimited dark money power the Supreme Court gave them to mount TV ad campaigns for Supreme Court nominees. Big Republican special interests funding frequent flyer—so-called friends of the court offering constant instruction and encouragement to the five Republicans on the Supreme Court and big Republican special interests on the winning side of those 70, 5-4 partisan victories, the fruits of their political labor. People are catching on. The record of this is undeniable, and as I said, it will be a disaster for the court. I yield my time.

Hear, hear.

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And the final part: