A Sexual-Misconduct Allegation Against Brett Kavanaugh Stirs Tension Among
Democrats in Congress
By Ronan Farrow and Jane Mayer, The New Yorker
15 September 18
On Thursday, Senate Democrats disclosed that they had referred a complaint
regarding President Trumps Supreme Court nominee, Judge Brett Kavanaugh, to
the F.B.I. for investigation. The complaint came from a woman who accused
Kavanaugh of sexual misconduct when they were both in high school, more than
thirty years ago.
The woman, who has asked not to be identified, first approached Democratic
lawmakers in July, shortly after Trump nominated Kavanaugh. The allegation
dates back to the early nineteen-eighties, when Kavanaugh was a high-school
student at Georgetown Preparatory School, in Bethesda, Maryland, and the
woman attended a nearby high school. In the letter, the woman alleged that,
during an encounter at a party, Kavanaugh held her down, and that he
attempted to force himself on her. She claimed in the letter that Kavanaugh
and a classmate of his, both of whom had been drinking, turned up music that
was playing in the room to conceal the sound of her protests, and that
Kavanaugh covered her mouth with his hand. She was able to free herself.
Although the alleged incident took place decades ago and the three
individuals involved were minors, the woman said that the memory had been a
source of ongoing distress for her, and that she had sought psychological
treatment as a result.
In a statement, Kavanaugh said, I categorically and unequivocally deny this
allegation. I did not do this back in high school or at any time.
Kavanaughs classmate said of the womans allegation, I have no
recollection of that.
The woman declined a request for an interview.
In recent months, the woman had told friends that Kavanaughs nomination had
revived the pain of the memory, and that she was grappling with whether to
go public with her story. She contacted her congresswoman, Anna Eshoo, a
Democrat, sending her a letter describing her allegation. (When reached for
comment, a spokesperson for Eshoos office cited a confidentiality policy
regarding constituent services and declined to comment further on the
matter.)
The letter was also sent to the office of Senator Dianne Feinstein. As the
ranking minority member of the Senate Judiciary Committee, Feinstein was
preparing to lead Democratic questioning of Kavanaugh during his
confirmation hearing weeks later. The woman contacted Feinsteins office
directly, according to multiple sources.
After the interactions with Eshoos and Feinsteins offices, the woman
decided not to speak about the matter publicly. She had repeatedly reported
the allegation to members of Congress and, watching Kavanaugh move toward
what looked like an increasingly assured confirmation, she decided to end
her effort to come forward, a source close to the woman said. Feinsteins
office did not respond to requests for comment.
Feinsteins decision to handle the matter in her own office, without
notifying other members of the Senate Judiciary Committee, stirred concern
among her Democratic colleagues. For several days, Feinstein declined
requests from other Democrats on the Judiciary Committee to share the
womans letter and other relevant communications. A source familiar with the
committees activities said that Feinsteins staff initially conveyed to
other Democratic members offices that the incident was too distant in the
past to merit public discussion, and that Feinstein had taken care of it.
On Wednesday, after media inquiries to the Democratic members multiplied,
and concern among congressional colleagues increased, Feinstein agreed to
brief the other Democrats on the committee, with no staff present.
On Thursday, Feinstein announced that she had referred the matter to the
F.B.I. I have received information from an individual concerning the
nomination of Brett Kavanaugh to the Supreme Court, Feinstein said. That
individual strongly requested confidentiality, declined to come forward or
press the matter further, and I have honored that decision. I have, however,
referred the matter to federal investigative authorities.
In a statement, an F.B.I. spokesperson said, Upon receipt of the
information on the night of September 12, we included it as part of Judge
Kavanaughs background file, as per the standard process.
After Feinsteins announcement, a White House spokesperson, Kerri Kupec,
wrote, about Kavanaugh, Not until the eve of his confirmation has Sen.
Feinstein or anyone raised the specter of new information about him,
calling it an 11th hour attempt to delay his confirmation.
Given the heightened attention to issues of sexual misconduct amid the
#MeToo movement, the political risks of mishandling the allegation were
acute, particularly for Feinstein, who is up for reëlection this year and is
facing a challenge from her left. During Clarence Thomass Supreme Court
confirmation hearing, in 1991, the Senate was accused by some of failing to
take seriously enough Anita Hills allegations that Thomas had sexually
harassed her while acting as her boss at the Equal Employment Opportunity
Commission. After the Thomas hearings concluded, it emerged that Senator Joe
Biden, who was the Democratic chairman of the Judiciary Committee at the
time, had failed to call three additional women to the witness stand who had
been willing to offer testimony confirming Hills complaints about Thomass
inappropriate behavior toward women. Last December, Biden, who may run for
President in 2020, publicly apologized for failing Hill, saying, I wish I
had been able to do more.
Sources familiar with Feinsteins decision suggested that she was acting out
of concern for the privacy of the accuser, knowing that the woman would be
subject to fierce partisan attacks if she came forward. Feinstein also acted
out of a sense that Democrats would be better off focussing on legal, rather
than personal, issues in their questioning of Kavanaugh. Sources who worked
for other members of the Judiciary Committee said that they respected the
need to protect the womans privacy, but that they didnt understand why
Feinstein had resisted answering legitimate questions about the allegation.
We couldnt understand what their rationale is for not briefing members on
this. This is all very weird, one of the congressional sources said.
Another added, Shes had the letter since late July. And we all just found
out about it.
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