We all want one, but when the week concludes we are not likely to have either a confession or a recantation in the presentations by Professor Ford or Judge Kavanaugh. What Perry Mason coaxed out of a witness on the stand was more clarity about reality than we are likely to see in real life. Why? Because both of the principals involved here have a very clear view of their own reality.
I hasten to add; it is evident that inappropriate behavior decades ago left a deep scar in one individual. It is equally clear that the accused party has led a life that honors and respects others and thus created for him a reality where inappropriate behavior is not now or ever part of his reality.
While there can be only one truth, Professor Ford and Judge Kavanaugh believe in realities that, while in total conflict, are real and totally convincing to them.
I’ve witnessed this before. During investigations into alleged wrongdoing in government, I experienced people I knew stating what they believed to be true. The thing was, it wasn’t. When I asked counsel how this could be and why would misstate facts, I learned something interesting. The explanation was that they had been telling themselves a story about an event over and over to the point where the only thing they believed is what they created in their own reality. And, they believed it so totally, they would easily pass a lie detector test.
It turns out; there is a name for this: the Rashomon Effect.
One online summation reads in part:
… every time you remember something, you rewrite it in your brain. If that recollection contains errors, you’ll strengthen those errors until you’re positive they’re correct.
The last thing I would suggest is that a traumatic event never occurred. But, lacking corroboration by witnesses, friends who had the story shared contemporaneously, or evidence gathered at the scene, we are left with two realities believed with equal conviction and articulated in ways that only solidify the preconceived views of those who will hear the testimony offered by two people locked in a conflict.
So, as much as we want to see a moment when, as in the Perry Mason show, one party cracks and only one reality remains as “the truth,” we are unlikely to experience such a nice neat result.
My assumption is that a vote will occur in the Senate on the nomination of Judge Kavanaugh consistent with where people were before this eleventh-hour revelation came to pass.
However, even without a moment where a single truth is revealed, it would be a mistake to avoid taking a few teachable moments out of this wrenching experience.
For some reason, I’ve found myself engaged in numerous discussions about the Ford/Kavanaugh situation. Some were sensitive, and several were anything but. It strikes me that there are three distinct groups of people: those who engaged in some form of inappropriate behavior; those who experienced inappropriate behavior; and, then, a group (which I believe I am in) who experienced neither of the above. What I find a bit shocking is that the “none of the above group” may well be the smallest of the three.
Following discussions with women for whom I have great respect, whether in person or in reading what they are writing, it seems that most recall with varying clarity inappropriate actions by another person. Certainly, there is a wide range of degree, and most suggest they just moved past the experience. But, the teachable moment here is that the experience remains an unpleasant memory with a life impact that is hard to judge.
Notice should be taken by all people, that inappropriate acts and unwelcomed advances have consequences. People want to connect with others. But, inappropriate actions can do harm, and those actions should never be excused as “well everyone does it.” Truth is, that is not true.
These days, inappropriate actions don’t just occur at parties. They happen online in the virtual world. These, too, are damaging forms of interaction that can have long-lasting effects.
We clearly need more focus on respect when it comes to human interaction. This needs to be the underlying value when developing a relationship with others. Whether casual or something else, mutual respect will get people past something that does harm for decades.
There is another teachable moment….
It goes to the process that has us where we are today.
Contemporaneous reporting really is important. I understand how people hesitate, I think. But, time works in no one’s favor, least of all the individual who has experienced the inappropriate behavior.
Then, public officials have an obligation to take appropriate action when they learn of the alleged offenses. Again, in my experience during government service, people did come to me with allegations of improper actions. It was always my policy to indicate that if provided with information suggesting wrongdoing, I had an obligation to take an action. I simply refused to be entrusted with information about improper conduct of any kind without doing something as a public official.
I have known Senator Diane Feinstein for decades since our days in California. The determination to withhold an allegation of wrongdoing by a nominee to the Supreme Court makes no sense. The timely and confidential consideration of this issue could have provided the best chance of learning the truth before the public uproar we are now experiencing.
When someone takes the time to document a recollection of wrongdoing, that individual deserves to be heard, and the allegation should be investigated and resolved if at all possible. In any FBI background check (and, I’ve participated in dozens of them involving other people) the question is always asked along the lines of, “is there any reason you know of that might make the appointment or security clearance inappropriate?” And, the answer given really is confidential.
When a public official has knowledge, even if it is not from direct experience, they have an obligation to inform the proper authorities.
Wherever you settle on the question of confirming Judge Kavanaugh, I think you will have to get there without the truth of a high school incident being fully unmasked. But, I hope we take the time to reflect on some of the important elements this debate has unmasked that impact the lives of so many. Today, we need to focus at least as much attention on what appropriate, mutually respectful conduct means as we focus on the breaking news around the tragic allegation of improper behavior in decades past.
Craig Fuller served four years in the White House as assistant to President Reagan for Cabinet Affairs, followed by four years as chief of staff to Vice President George H.W. Bush. Having been engaged in five presidential campaigns and run public affairs firms and associations in Washington, D.C., he now resides on the Eastern Shore with his wife Karen.
Jane E Hukill says
Thank you for such a clear analysis of this dilemma. I just hope individuals on all sides, public and private, will consider your sound recommendations. How lucky we are to have people like you writing articles for the Spy. Extremely perceptive.
Deirdre LaMotte says
I do not believe that woman who experiences attempted rape is rewriting what happened; she is living that ordeal daily. To suggest that a man of Mr. Kavanaugh’s stature is to be considered innocent is typical: “he is important and has achieved so much so there is no way he would have done this.”Or: “ boys will be boys”. It has been documented that the drinking culture of this man and is fellow classmates was out of control. This was written by his friend who is said to have witnessed the attack.
I don’t care who one is…to attact a 15 year old, turn up the music so no one hears her screams, and cover her mouth is not normal. Period. This confirmation is not a court of law and he is tainted. Personally, I feel his positions on women’s reproductive rights to be archaic and disqualifying in itself. Obviously, he has not respected women for a long time.
Let us look at who wants the FBI to look into this matter: she does. Who does not want this investigated by the FBI? Kavanaugh and the old white men on the Senate Judiciary.
That says everything.
Cheryl Hoopes says
I agree with Ms. Lamotte.
In our culture, I don’t doubt that Judge Kavanaugh believes a different “reality” of what happened when he was a teenager – for the exact reasons Ms. Lamotte lists. His perception does not make him innocent. Plus it is this same sense of perception that is being currently considered in his possible role as a Supreme Court Justice. This is the bottom line.
I believe the only decent response for Brett Kavanaugh is that he would step down from this nomination. Let him put his character and lifetime of “good deeds” on the line where it means something. If he truly values each woman as an individual, (which is different from valuing the esoteric, generic people group called “women”), he really has no other choice. Words can often mean nothing. But actions speak loudly for all to hear, no matter what language he speaks.
Wendy Morrison says
I agree with Deirdre LaMotte, especially when I heard Judge Kavenaugh say in a video of an event at his school, “We had a good saying that we’ve held firm to, to this day, as the dean was reminding me before the talk, which is: ‘What happens at Georgetown Prep, stays at Georgetown Prep.'” The remark drew chuckles from the audience. “That’s been a good thing for all of us, I think,” added Kavanaugh. So what happened amongst those students that the rest of the world shouldn’t know?
I think we need the FBI to look into this allegation and at least question the people Dr. Blasey Ford said were there. If Brett Kavanaugh is to be believed, he should ask for the FBI investigation himself. That would go a long way towards transparency. What is he afraid of?
Francis Reed says
This leap to GUILTY without the evidence being presented is truly appalling. When did justice become “If a woman says its true and a white male says its not true” become “He’s a white male and therefore, because he is a white male, he’s lying and guilty?”
Something bad happened to Dr. Ford that she recalled after twenty nine years (2012)it appears to have had a traumatic effect on her life and she deserves to be heard. But so does Kavanaugh. NO ONE who was purportedly there says this party happened. Neither Dr. Ford, nor her lawyers, have approached the Bethesda police(who have jurisdiction in this case) and filed an attempted rape charge against Kavanaugh. (this is according the the Bethesda police department) Dr. Ford certainly could because there is no statute of limitations on rape, or attempted rape, in Maryland.
When an accuser makes their case, the burden of proof lies with the accuser. American law holds to “Innocent until proven guilty.” Not “Guilty until proven innocent.”
Also, under the law, if a person tells their psychologist, or psychiatrist that a rape, attempted rape or other kind of sexual abuse happened, the therapist is bound (by the law) to report that to the authorities once they are made aware of the occurrence. This hasn’t happened either.
Give both parties the opportunity to present their side to the Senate. Allow both to be questioned by lawyers as the Senate suggests. Dr. Ford’s lawyers don’t want her to be questioned by a female lawyer—they want her to be questioned by the Senate because they are “MEN” and therefore won’t be fair (sarcasm) and they will point that out, when they ask probing questions—See, they are bullies!
Also, where is the outrage about Kieth Ellison who’s girlfriend accused him of physical and mental abuse? Abuse that happened this year and not 36 years ago. Everyone on the left isn’t taking her seriously on far more evidence. If all women are supposed to be taken at their word, why is she being dismissed?
This rush to judgement is purely political. At this time we do not have sufficient facts or evidence to declare Kavanaugh guilty. Simply being a white male, does not make him so.
Oh glee! Anytime a man does something a woman doesn’t like, or has ideals that differ, let’s accuse him of sexual assault, that’ll fix him! Only ladies, that man could be YOUR son, YOUR husband, YOUR brother or YOUR father who is the accused. You’ve now set the bar so low for “Guilty!”(she said it happened, therefore it must be true, we don’t need evidence). I predict a raft of assault accusations. Lady Justice is well and truly screwed.
Deirdre LaMotte says
Until you walk into the shoes of a person who has been sexually assaulted, maybe you would want to simmer down a bit.
Talk about “making this Political” !!
The GOP backed their “grab them by the pussy” candidate and now they will try and push through this
light weight of a judge….without examining these assault charges….just to get the seat filled. Within 48 hours another
woman is about to publicly accuse Kavanaugh of the same. There is a pattern with those who assault and
thank god people speak up. The last judge nominated by Trump, Neil Gorsuch, went to the same school and did not have any
women accusing him of sexual assault.
The Me-Too movement is about no longer staying silent. Assault is about power, not sex, and no man or
woman should be considered safe from investigation when a charge of sexual assault is brought against him or her.
Curious that in this case, the GOP is terrified, rightly, of what an investigation will reveal.
Frances Reed says
Heaven help us if you consider Kavenaugh a “Light Weight Judge.” Perhaps you should ask that Solomon from the Bible be put forward, or perhaps God himself. And no, Republicans are NOT afraid of what an investigation might reveal. So far I am not sure that any lawyer (even the ones representing Dr. Ford) think this would stand up in a court of law, or even be considered on such flimsy evidence. Aside from any merits of the case (and please note that I said that) this a ploy by democrats to ruin a good man because he is conservative and constitutional in his decisions. As the accuser has only done that (accused) but not filed anything—THERE IS NO ASSAULT CHARGE—only an accusation. By the way—I have walked a mile in her shoes—the same thing happened to me as a teenager, it was unpleasant and terrifying, there were three boys involved. I told my parents about it and they dealt with it. I’ve had other such things happen in my life. I handled those problems myself. I am not a broken or even an angry woman over what happened to me. It was a long time ago. But I wasn’t raped or physically harmed. I got off lightly, others don’t and those scars are deep and lasting. But I have been EXACTLY where Dr. Ford has been.
I would think these accusation as less political if Cory Booker and Kieth Ellison were being treated in the same way as Kavanaugh, but they are not—and Ellison is running for Attorney General in Illinois.
Diane Feinstein knew for six weeks about the accusation and did nothing. At that point she could have asked for more background checks, asked Kavenaugh directly about the accusations, shared what information she had with the Senate Committee. She did none of this. So why would I NOT think this is purely political?
I would also point out that should Dr. Ford’s lawyers have her place charges and investigation shows no evidence(as it likely would, given the time lapse and missing memory) Kavanaugh could sue all and sundry for defamation of character and slander. And that is a case he would win.
Steve Payne says
This isn’t a case of the Rashomon Effect.
The Rashomon Effect is recalling something that happened in an event in a different way from someone else. Kavanaugh is saying it never happened and he wasn’t even there. The Senate Judiciary Committee won’t even call witnesses the she says were there and one was even in the room.
Tom Steele says
So if a man comes forward after 50+ years and claims he was molested by Catholic priests, is he also suffering form the Rashoman Effect?
Deirdre LaMotte says
Wow, is it any wonder that sexual abuse continues to rank among the most under reported crimes in our country? When even a so-called victim of it feels women should man-up (pardon the pun!) and get over it. Charming.
Frances Reed says
First of all – the teenage sexual abuse did not take place in the US, nor did I call myself a victim — but there you go calling me “a so- called victim.” Why not call Dr. Ford a “so-called victim” and insult her too? I did not say women should man up and get over it—I said I got over it and it didn’t ruin MY life. That doesn’t mean others would react the same way. You really should stop throwing around insults when you no longer have an argument to make.
All I am asking is that both Kavanaugh and Ford should be treated fairly. Ford should present her case and Kavanaugh should have the opportunity to defend himself and then, based on what we hear directly from the individuals themselves (not hearsay)—we will have a clearer idea of the validity of her accusation and/or his potential guilt.
This is NOT the Salem Witch trial.