What should we do with Brett Kavanaugh? Ever since Christine Blasey Ford came forward with her accusation of sexual assault, his confirmation has been thrown into question. Currently, both Ford and Kavanaugh have been invited to testify before the Senate Judiciary Committee on Monday. Ford has yet to RSVP, preferring that the FBI investigate her allegation first. Trump has indicated that he is not inclined to order such an investigation. What we are left with then is a he said – she said situation.
Under the rules of the Judicial Conference that governs the behavior of federal judges, misconduct includes “conduct occurring outside the performance of official duties if that conduct might have a prejudicial effect on the administration of the business of the courts, including a substantial and widespread lowering of public confidence in the courts among.” If substantiated, this allegation meets that test. Little could have worse impact on the “public confidence in the courts”, than allowing someone who has been credibly accused of an incident Ford’s therapist’s notes describe as “rape attempt” to decide cases. Professor Ford need not file a complaint to initiate this investigation. Under the Judicial Conference procedures, the chief judge of the D.C. Circuit can “identify” a complaint based on media reports. The current chief judge of this court is Merrick Garland. Karma!