Justice on Trial - Mollie Hemingway Page 0,155

(mkraju), “Flake is torn: ‘They both did well and he offered a defense like you would expect from someone who felt that they were wrongly accused. And she offered compelling testimony as well. But I have to go with what is the standard here. Where is the burden. It’s tough’ TheOtherKeppler,” Twitter, September 27, 2018, 6:06 pm, mkraju/status/1045479744987435008; Jennifer Jacobs (JenniferJJacobs), “Jeff Flake was one senator Bush talked with—and the former president urged a ‘yes’ vote, I’m told,” Twitter, September 27, 2018, 8:03 p.m., JenniferJJacobs/status/1045509283020976128.

3. Elizabeth Landers (ElizLanders), “.JeffFlake is a YES on Kavanaugh. SunlenSerfaty broke that news to Sen. Coons in the hallway as he walked into the hearing. Coons said, ‘Oh f—k,’ then choked up, ‘We each make choices for our own reason. I’m struggling, sorry.’ ” Twitter, September 28, 2018, 6:35 a.m., ElizLanders/status/1045668429364187136.

4. Open Society Foundations, “Citizen Engagement Laboratory,” opensocietyfoundations/about/programs/us-programs/grantees/citizen-engagement-laboratory-1. UltraViolet claims to have trained three hundred of the protesters who confronted senators in the hallways during the Kavanaugh fight. Their financial structure is similar to Demand Justice—they were “incubated” by a parallel donor stream, the Soros-funded Citizen Engagement Laboratory.

5. CNN, “Tearful woman confronts Senator Flake on elevator,” CNN via YouTube, September 28, 2018, youtube/watch?v=bshgOZ8QQxU.

6. Suzanne Malveaux, “The elevator moment: when to speak up, when to stay quiet, and the power of both,” CNN, September 30, 2018, cnn/2018/09/30/politics/suzanne-malveaux-reporters-notebook-jeff-flake-elevator/index.html.

7. CNN, “Tearful woman confronts Senator Flake.”

8. Brett Samuels, “FBI concludes interview of Mark Judge,” The Hill, October 2, 2018, thehill/regulation/court-battles/409437-fbi-concludes-interview-of-mark-judge.

9. Jack Crowe, “American Bar Association Backs Kavanaugh Despite Previous Letter to the Contrary,” National Review, October 1, 2018, nationalreview/news/american-bar-association-backs-kavanaugh-despite-previous-letter-to-the-contrary/.

10. Manu Raju, “American Bar Association: Delay Kavanaugh until FBI investigates assault allegations,” CNN, October 2, 2018, cnn/2018/09/27/politics/kavanaugh-american-bar-association/index.html.

11. Meg Wagner, Brian Ries, Paul P. Murphy, Sophie Tatum and Jessie Yeung, “Brett Kavanaugh nomination faces delay,” CNN, September 28, 2018, cnn/politics/live-news/kavanaugh-senate-committee-vote/h_81a14e48dc39350455a028858cba4065.

12. “Senate Judiciary Meeting On Brett Kavanaugh Nomination,” Supreme Court Confirmation, C-SPAN, September 28, 2018, c-span/video/?452084-1/senator-flake-calls-delaying-kavanaugh-vote-fbi-background-check-reopen.

13. Sue Reisinger, “Institute for Legal Reform Adds Beltway Insider John Abegg to Help Lead Legal Team,” Association of Corporate Counsel, May 2, 2019, law/corpcounsel/2019/05/02/institute-for-legal-reform-adds-beltway-insider-john-abegg-to-help-lead-legal-team/; “Harold Kim Promoted to Chief Operating Officer,” U.S. Chamber Institute for Legal Reform, May 1, 2019, instituteforlegalreform/resource/us-chamber-institute-for-legal-reform-welcomes-former-chief-counsel-for-sen-majority-leader-mitch-mcconnell.

14. “Senate Judiciary Meeting On Brett Kavanaugh Nomination,” Supreme Court Confirmation, C-SPAN.

15. “Statement from the Senate Judiciary Committee,” Committee on the Judiciary website, September 28, 2018, judiciary.senate.gov/press/rep/releases/statement-from-the-senate-judiciary-committee.

16. Eugene Robinson, “Senators to Begin Vote on Kavanaugh Tomorrow Morning,” Deadline Whitehouse, MSNBC via archive, October 4, 2018, archive/details/MSNBCW_20181004_200000_Deadline_White_House/start/1560/end/1620.

17. Ken Dilanian, Geoff Bennett, and Kristen Welker, “Limits to FBI’s Kavanaugh investigation have not changed, despite Trump’s comments,” NBC News, September 29, 2018, nbcnews/politics/politics-news/white-house-limits-scope-fbi-s-investigation-allegations-against-brett-n915061.

18. Brooke Singman, “Grassley taunts Bernie Sanders in salty response to Kavanaugh probe letter,” Fox News, October 1, 2018, foxnews/politics/grassley-taunts-bernie-sanders-in-salty-response-to-kavanaugh-probe-letter.

19. Grace Segers, “Nancy Pelosi calls Brett Kavanaugh ‘hysterical,’ says he is unfit to serve on the Supreme Court,” CBS News, September 29, 2018, cbsnews/news/nancy-pelosi-calls-brett-kavanaugh-hysterical-says-he-is-unfit-to-serve-on-the-supreme-court/.

20. Mark Sherman and Jessica Gresko, “Nominee’s attack on Democrats poses risk to Supreme Court,” Associated Press News, September 29, 2018, apnews/29557f45334f470fb55bce5dacba591a.

21. Nicholas Fandos (npfandos), “Rachel Mitchell, Republican’s outside questioner, privately told GOP senators tonight that based on the evidence she heard at the hearing, she would not have prosecuted or even been able to obtain a search warrant, according to three Republicans,” Twitter, September 27, 2018, 7:25 p.m., npfandos/status/1045499632657354752.

22. The Mitchell memorandum will be cited throughout this section. Rachel Mitchell, Nominations Investigative Counsel, “Memorandum re: Analysis of Dr. Christine Blasey Ford’s Allegations,” September 30, 2018, assets.documentcloud/documents/4952137/Rachel-Mitchell-s-analysis.pdf.

23. John Cornyn interview, “Sen. Cornyn Joins the Five,” The Five, FOX News, October 4, 2018, archive/details/FOXNEWSW_20181004_210000_The_Five/start/2460/end/2520.

24. Peter Baker and Michael S. Schmidt, “Trump Allows Wider Review of Kavanaugh,” New York Times, October 2, 2018, A1.

25. Mike McIntire, Linda Qiu, Steve Eder and Kate Kelly, “Defense From Judge Misleads And Veers Off Course at Times,” New York Times, September 29, 2018, A1.

26. Thomas Lipscomb, “Records Raise Questions About Ford’s Double-Door Story,” RealClearPolitics, October 2, 2018, realclearpolitics/articles/2018/10/02/records_raise_questions_about_fords_double-door_story__138225.html.

27. “Sylvia Adkins Randall,” Psychology Today, October 3, 2018, psychologytoday/us/therapists/sylvia-adkins-randall-west-linn-or/7021.

28. The Swetnick interview will be quoted throughout this section. “Julie Swetnick speaks about alleged behavior by Judge Kavanaugh,” Interview by Kate Snow, MSNBC, October 1, 2018, msnbc/msnbc/watch/julie-swetnick-speaks-about-alleged-behavior-by-judge-kavanaugh-1334265923929. Transcript available at “FBI expanding probe into Kavanaugh. TRANSCRIPT: 10/1/2018, The Best w Ari Melber,” MSNBC, October 1, 2018, msnbc/transcripts/msnbc-live-with-ari-melber/2018-10-01.

29. Aryssa Damron, “MSNBC Legal Analyst: Swetnick’s Allegation Against Kavanaugh Is ‘Not Credible’ and ‘Should Go Away,’ ” The Washington Free Beacon, October 2, 2018, freebeacon/politics/msnbc-legal-analyst-swetnicks-allegation-kavanaugh-not-credible-go-away/.

30. Richard Blumenthal et al., Letter to Don McGahn and Christopher Wray, October 1, 2018, feinstein.senate.gov/public/_cache/files/9/2/92e7876b-670e-48c7-9b55-b66b09c7ad4e/D70322512DA91E37F4B966721A744469.fbi-and-whi-re-fbi-investigation-klobuchar-witnesses.pdf.

31. Michael Avenatti (MichaelAvenatti), Twitter, October 2, 2018, MichaelAvenatti/status/1047226356831059970.

32. Kate Snow and Anna Schecter, “New Questions raised about Avenatti