Thursday and sent it back to the Judiciary Committee, where only the senators on the committee and a total of six staffers were permitted to read it. This was the first time most Republicans on the committee learned about the allegations. All information in nominees’ background files is strictly protected, as if it were classified information. The White House, therefore, was gagged from talking about the letter.
The White House and the Senate Republicans were puzzled that Feinstein had not followed this procedure, which was well defined and commonly used, to handle the allegations before the hearing. Doing so would have ensured that the relevant parties were informed and the matter investigated while protecting the anonymity of the accuser.
The Trump administration had worked with Judiciary Committee Democrats on close to one hundred nominees by that point, and the background investigations of several of them had raised questions. They could be minor, such as a claimed residence for which no records could be found, or they could be important, such as allegations of inappropriate behavior. But whether the matter was big or small, the Democratic and Republican staff members would hold a confidential call with the nominee in which both sides could ask questions. If the matter was resolved, the nominee would be cleared for his hearing. If it was not resolved, the senators would meet with the nominee in a confidential session in which any question could be asked. At that point senators who still had concerns could simply vote against the nominee. If the chairman decided on his own that the question was serious enough, he could choose not to hold hearings. This process routinely protected confidential information.
Yet Feinstein had not shared the letter with Republicans or the FBI when she received it, and it had not been mentioned prior to the confidential call with staff before the hearing. Most of Kavanaugh’s confidential session with senators after the hearing was spent discussing committee business. Feinstein hadn’t even attended. Now the White House team, unable to discuss the letter and not knowing the name of the accuser, was at a serious disadvantage.
On Thursday afternoon, the first details of the story emerged when The Guardian reported, erroneously, that a seventeen-year-old Kavanaugh and a friend were alleged to have locked a high school girl in a room at a party, but that she had been able to get out of the room.10 In fact, the letter alleged much more than that, but conservatives immediately made fun of the allegation as unworthy of so much concern.11 The White House press shop knew that if the real allegation came out, the conservative press’s dismissiveness would look bad. But there was nothing they could do if they were to respect the limits placed on information in a candidate’s background file.
Waiting for details was the most stressful part of this ordeal for the Kavanaugh team. How could they respond to a charge about which they had no information? The unavailability of details did not discourage the media from speculating about what had happened, and the story was getting legs. Kavanaugh, having no idea where the allegation came from, skipped back-to-school night at his daughters’ school to keep his head down and prepare.
On Thursday, a reporter found Scott McCaleb on Nantucket, where he was attending a conference with his wife, Meghan, and asked him about the Intercept and BuzzFeed reports. The McCalebs were high school friends of Kavanaugh, and Scott had already spoken publicly on his behalf. Kavanaugh had dated Meghan’s sister in high school. Meghan knew him well and wanted to support him against what she considered ridiculous smears. “I could count on one hand how many guys I would have come out for and defended against such allegations. In fact, maybe not even five,” she said. Kavanaugh was one of them.
She came up with a plan to send a letter to the Senate Judiciary Committee from women who had been Kavanaugh’s friends in high school. She and Scott skipped dinner to compose it, and by 7:49 p.m. the letter was being sent around by text and email for review. Friends sent it to friends, and the distribution list kept growing.
“For the entire time we have known Brett Kavanaugh, he has behaved honorably and treated women with respect,” the letter said. “Through the more than 35 years we have known him, Brett has stood out for his friendship, character, and integrity. In particular, he has always treated women with decency and respect. That was true when he