Book cover of The Education of Brett Kavanaugh by Robin Pogrebin

The Education of Brett Kavanaugh

by Robin Pogrebin

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Introduction

In the summer of 2018, Brett Kavanaugh's nomination to the Supreme Court of the United States became one of the most contentious and controversial confirmation processes in recent history. What was expected to be a relatively smooth confirmation for the conservative judge was dramatically interrupted when decades-old allegations of sexual misconduct came to light.

In "The Education of Brett Kavanaugh," authors Robin Pogrebin and Kate Kelly dive deep into Kavanaugh's background, the allegations against him, and the tumultuous confirmation process that captivated the nation. Through extensive research and over 100 interviews with relevant parties, the authors attempt to cut through the partisan rhetoric and get to the facts behind this complex and polarizing story.

This book provides a nuanced look at Kavanaugh's upbringing, education, and career, as well as the experiences of his accusers. It examines the culture of elite private schools in the 1980s, the role of alcohol in Kavanaugh's youth, and how the allegations against him came to light decades later. The authors also explore the broader cultural and political context surrounding the confirmation hearings, including the #MeToo movement and increasing political polarization in the United States.

While not reaching any definitive conclusions about the veracity of the allegations, "The Education of Brett Kavanaugh" offers readers a comprehensive overview of this pivotal moment in American politics and culture. It raises important questions about memory, accountability, and the standards we expect of those in positions of power.

Kavanaugh's Early Years and Education

A Traditional Catholic Upbringing

Brett Kavanaugh's early education took place in a very traditional, conservative Catholic environment. He attended Mater Dei, a private elementary school in Maryland, which promoted traditional notions of masculinity. The school encouraged boys to grow into men who worked hard, played hard, and prayed hard.

From there, Kavanaugh went on to Georgetown Preparatory School, an elite all-boys Catholic high school in Rockville, Maryland. Georgetown Prep was steeped in religious tradition, with prayers said before every class and football game, and mandatory mass attendance. The religious curriculum even included lessons on exorcisms, complete with audio recordings of supposedly possessed individuals.

The Culture of Georgetown Prep

Georgetown Prep in the early 1980s was characterized by several key elements:

  1. Emphasis on athletics: The school was very jock-centric, with the most popular students typically being members of the football or basketball teams.

  2. Academic rigor: Despite the focus on sports, the school maintained high academic standards. Kavanaugh was known as a diligent student who often ranked in the top three of his class.

  3. Casual violence: Non-athletic students were often subjected to bullying, including being shoved into lockers, put in headlocks, or subjected to hazing rituals.

  4. Misogyny: The all-male environment fostered a culture of casual sexism. Students received little education on how to socialize with the opposite sex, and there was a prevailing attitude of male dominance.

  5. Drinking culture: Alcohol played a significant role in the social lives of many students, with parties and heavy drinking being common occurrences.

Kavanaugh was part of the school's elite group of jocks, excelling both academically and athletically. He played football and was known for his dedication to his studies. However, he was also developing a reputation for his love of partying and drinking, becoming part of what was known as the "100 Keg Club" - a group attempting to collectively drink 100 kegs of beer before graduation.

The Unknown Hoya

The school's underground newspaper, the Unknown Hoya, provides insight into the culture at Georgetown Prep during Kavanaugh's time there. The paper tracked students' drinking habits and made derogatory comments about girls from nearby schools. In one particularly telling article titled "The Truth About Holton," students at the nearby all-girls Holton-Arms School were referred to as "the most worthless excuses for human females."

This context is crucial for understanding the environment in which Kavanaugh came of age and the allegations that would later surface about his behavior during this time.

The Allegation by Christine Blasey Ford

The Incident

The first major allegation against Brett Kavanaugh came from Christine Blasey Ford, who claimed that Kavanaugh sexually assaulted her at a house party in the summer of 1982 when they were both teenagers.

According to Ford's account:

  1. The party took place at a house near the Congressional Country Club in Maryland.

  2. Ford, then 15, had spent the day at the pool and later went to the party with her friend Leland Ingham.

  3. At the party, Kavanaugh and his friend Mark Judge, who were already drinking, allegedly accosted Ford as she was going to use the bathroom.

  4. They took her into a bedroom, turned up the music, and closed the door.

  5. Kavanaugh allegedly pinned Ford to the bed, groped her, and attempted to remove her clothes. Ford says he was so drunk that his movements were uncoordinated.

  6. When Ford tried to call for help, Kavanaugh allegedly put his hand over her mouth.

  7. Mark Judge allegedly jumped on the bed twice, causing Ford and Kavanaugh to fall off.

  8. Ford managed to escape to the bathroom and lock herself inside.

  9. She distinctly remembers hearing Kavanaugh and Judge laughing as they stumbled down the stairs.

The Impact on Ford

The alleged incident had a profound impact on Christine Blasey Ford:

  1. She didn't tell her parents or anyone else about it immediately, feeling ashamed and fearing her parents would be upset about her attending a party with boys and alcohol.

  2. Her grades suffered in the years following the incident, both in high school and during her first year at the University of North Carolina, Chapel Hill.

  3. It took years for Ford to process the trauma and begin to recover academically and emotionally.

  4. She eventually went on to earn advanced degrees, including a master's in psychology from Pepperdine University and a doctorate in philosophy and psychology from the University of Southern California.

  5. The incident continued to affect her into adulthood, contributing to issues like a fear of flying and discomfort in enclosed spaces.

Kavanaugh's College Years at Yale

Academic Focus

After graduating from Georgetown Prep, Brett Kavanaugh attended Yale University for his undergraduate studies and later Yale Law School. His time at Yale was characterized by a mix of intense studying and partying:

  1. Kavanaugh maintained his reputation as a hard worker, known for his diligence and organization in his studies.

  2. He was particularly passionate about his history classes, often becoming deeply immersed in the subject matter.

  3. Unlike many of his classmates who were aiming for lucrative Wall Street jobs, Kavanaugh seemed dedicated to a future in public service from early on.

  4. While he didn't stand out to professors as exceptionally brilliant, his male friends were impressed by his work ethic and focus.

Social Life and Drinking

Kavanaugh's social life at Yale continued many of the patterns established in high school:

  1. He primarily socialized with other jocks and became a member of the Delta Kappa Epsilon fraternity.

  2. Kavanaugh was known for his heavy drinking, often found at keg parties.

  3. The bathroom in the suite of dorm rooms he shared with other male students was notorious for smelling of vomit.

  4. Some classmates speculated that Kavanaugh's heavy drinking might have been a way to cope with social insecurities, particularly around women.

  5. Kavanaugh had few girlfriends during his time at Yale.

The Allegation by Deborah Ramirez

The Incident

The second major allegation against Kavanaugh came from Deborah Ramirez, a Yale classmate who accused him of exposing himself to her at a dorm party during their freshman year.

According to Ramirez's account:

  1. The incident occurred at a party in Lawrence Hall, where Kavanaugh lived.

  2. Ramirez, who came from a sheltered, working-class background, was participating in a drinking game.

  3. She became intoxicated as other students encouraged her to drink more.

  4. At one point, someone pointed a fake penis at her.

  5. Later, another penis was thrust in her face. She pushed it away, initially thinking it was also fake.

  6. She then heard people laughing and saw Kavanaugh pulling up his pants.

  7. Someone yelled, "Brett Kavanaugh just put his penis in Debbie's face."

The Impact on Ramirez

The alleged incident had significant consequences for Deborah Ramirez:

  1. As a devout Catholic who hadn't planned on any sexual contact before marriage, Ramirez felt deeply ashamed and violated.

  2. She believed her reputation at school was "shattered" by the incident.

  3. Like Ford, Ramirez felt too ashamed to tell her parents about what had happened.

  4. The story spread around campus, further compounding her embarrassment and distress.

Kavanaugh's Early Career

Clerkships and Legal Work

After graduating from Yale Law School, Brett Kavanaugh's career progressed rapidly:

  1. He worked as a summer associate for several law firms.

  2. In 1989, he began securing clerkship positions with judges.

  3. In 1991, he became a clerk for Judge Alex Kozinski, a respected judge who later resigned amid sexual harassment allegations.

  4. Kavanaugh became a key member of Ken Starr's team during the impeachment case against President Bill Clinton in the 1990s.

  5. He was known for his interest in the case and pushed for an aggressive prosecution, feeling Clinton should be held accountable for his moral failings.

White House Years

Kavanaugh's career continued to advance during the George W. Bush administration:

  1. He joined the White House staff, first as a member of the counsel's office.

  2. Later, he became assistant to the president and staff secretary.

  3. In 2006, Kavanaugh was appointed as a federal judge to the DC Circuit courts.

Judicial Philosophy

During his 12 years on the DC Circuit, Kavanaugh established himself as a moderate conservative judge:

  1. He consistently ruled along conservative lines on issues like opposing environmental protection regulations.

  2. However, he was generally considered a thoughtful judge who made decisions based on pragmatic reasons rather than strict ideology.

  3. His rulings and reputation set the stage for his eventual Supreme Court nomination.

The Supreme Court Nomination

Political Context

Brett Kavanaugh's nomination to the Supreme Court in 2018 came at a particularly contentious time in American politics:

  1. The country was deeply divided along partisan lines, with sharp distinctions between Democrats and Republicans.

  2. Recent Supreme Court appointments had been fraught with controversy, including the blocked nomination of Merrick Garland by President Obama and the contentious confirmation of Neil Gorsuch.

  3. The possibility of hot-button issues like abortion rights coming before the Supreme Court added to the stakes of the nomination.

  4. The turbulent presidency of Donald Trump had further heightened political tensions.

Initial Reactions

When Kavanaugh was announced as the nominee to replace retiring Justice Anthony Kennedy, reactions were mixed:

  1. Conservatives generally praised the choice, seeing Kavanaugh as a reliable conservative voice on the court.

  2. Liberals and Democrats expressed concerns about his judicial philosophy and his potential impact on issues like abortion rights and executive power.

  3. Initially, most observers expected a contentious but ultimately successful confirmation process.

The Emergence of Allegations

Christine Blasey Ford Comes Forward

As the confirmation process began, Christine Blasey Ford felt compelled to share her story:

  1. When Kavanaugh was mentioned as a potential nominee, Ford felt it was her civic duty to inform decision-makers about her experience.

  2. She reached out to her local state representative, who connected her with Senator Dianne Feinstein.

  3. On July 29, 2018, Ford sent a confidential letter to Feinstein detailing her allegation.

  4. Ford initially requested anonymity, fearing public scrutiny and backlash.

The Story Leaks

Despite efforts to keep Ford's allegation confidential, hints of the story began to emerge:

  1. By early September, vague reports of an allegation against Kavanaugh were appearing in the press.

  2. The source of the leak remains unclear, but it may have originated from well-meaning friends in Ford's hometown.

  3. On September 16, Ford agreed to go on record with the Washington Post, and the full details of her allegation became public.

The Impact on Ford and Kavanaugh

The public revelation of Ford's allegation had immediate and severe consequences:

  1. Ford was inundated with messages - some supportive, others harassing and threatening.

  2. She and her family were forced to temporarily relocate for safety reasons.

  3. Ford took leave from her job at Stanford University.

  4. The Kavanaugh family also began receiving harassing messages and threats.

  5. The confirmation process, which had been moving forward, was suddenly thrown into chaos.

Ford's Testimony

Preparation and Negotiations

The period between the public revelation of Ford's allegation and her testimony was marked by intense negotiations:

  1. There were ten days of tense discussions between Democratic and Republican senators.

  2. Democrats wanted to thoroughly assess the information and question Ford.

  3. Republicans accused Democrats of orchestrating a last-minute ploy to derail the nomination.

  4. Eventually, an agreement was reached for Ford to testify before the Senate Judiciary Committee.

The Testimony

On September 27, 2018, Christine Blasey Ford appeared before the Senate Judiciary Committee:

  1. Ford admitted to being terrified but felt it was her civic duty to testify.

  2. She provided a detailed account of the alleged assault, consistent with her previous statements.

  3. Ford acknowledged that she couldn't remember all details, such as the exact location of the house where the incident occurred.

  4. At times, she appeared to struggle with her emotions while recounting her experience.

  5. Her testimony was widely regarded as compelling and credible, even by some who were skeptical of her claims.

Public Reaction

Ford's testimony had a significant impact on the public:

  1. The National Sexual Assault Hotline saw a 147% increase in calls during her testimony.

  2. Many women felt empowered by Ford's bravery to speak about their own experiences of sexual assault.

  3. Senators reported a dramatic increase in constituents sharing their own stories of past trauma.

  4. Even President Trump, initially dismissive of the allegations, conceded that Ford's testimony was compelling.

Kavanaugh's Response

Preparation and Mindset

As Ford testified, Kavanaugh prepared for his own appearance before the committee:

  1. He chose not to watch Ford's testimony, focusing instead on his own preparation.

  2. Kavanaugh was reportedly uncomfortable with the sexually explicit questions he had to prepare for.

  3. He had wanted to testify immediately after Ford's allegations became public but had to wait, enduring more allegations and public scrutiny in the meantime.

The Testimony

Kavanaugh's testimony, which followed Ford's, was markedly different in tone and content:

  1. He began with an emotional statement expressing frustration over the process and the impact on his family.

  2. Kavanaugh forcefully denied all allegations against him.

  3. He characterized the allegations as part of an orchestrated attack by Democrats, which some viewed as overly partisan for a potential Supreme Court justice.

  4. When questioned about his drinking habits, Kavanaugh became combative, particularly in an exchange with Senator Amy Klobuchar.

  5. He maintained that he had never drunk to the point of blacking out, a claim that some former classmates disputed.

Public Reaction

Reactions to Kavanaugh's testimony were mixed and often split along partisan lines:

  1. Some viewed his emotional and at times angry demeanor as a justified response from a wrongly accused man.

  2. Others saw his display as evidence of a temperament unsuitable for a Supreme Court justice.

  3. His partisan accusations against Democrats were particularly controversial, raising questions about his ability to be impartial on the bench.

The FBI Investigation

Limited Scope

Following the testimonies, the Senate called for a brief FBI investigation into the allegations:

  1. The investigation was limited to one week.

  2. The White House set strict parameters on what could be investigated and who could be interviewed.

  3. The list of interviewees was limited to Deborah Ramirez and three people Ford said were at the party in 1982.

  4. Notably, neither Ford nor Kavanaugh were interviewed by the FBI.

Controversies

The FBI investigation was criticized for several reasons:

  1. Many potential witnesses, including former classmates with relevant information, were not interviewed.

  2. The time frame was seen as too short for a thorough investigation.

  3. The limitations set by the White House were viewed as overly restrictive.

  4. The FBI agents who interviewed Ramirez reportedly expressed frustration at the constraints placed on their investigation.

The Report

The handling of the FBI's report was also controversial:

  1. Only one copy of the report was made available to senators.

  2. Senators were given just 24 hours to review the document.

  3. They could only view it for up to an hour at a time, without any electronic devices or note-taking materials.

  4. Many senators found this process unusual and frustrating.

The Confirmation Vote

A Close Decision

The Senate vote on Kavanaugh's confirmation was one of the closest in history:

  1. The final vote was 50 in favor and 48 opposed.

  2. It was the narrowest margin for a Supreme Court confirmation in over 150 years.

  3. The vote largely fell along party lines, with most Republicans supporting Kavanaugh and most Democrats opposing him.

Lingering Questions

Even after the confirmation, many questions remained:

  1. Some former classmates couldn't understand why Kavanaugh would deny ever drinking to excess, which they saw as a forgivable offense for a college student.

  2. If he was untruthful about his drinking habits, some wondered what else he might be lying about.

  3. The limited scope of the FBI investigation left many feeling that the full truth had not been uncovered.

Reflections on Kavanaugh's Character

Changes Over Time

The authors of "The Education of Brett Kavanaugh" suggest that Kavanaugh may have changed significantly since his high school and college days:

  1. Many colleagues describe the adult Kavanaugh as professional, courteous, and considerate.

  2. Female clerks who have worked for him generally give positive assessments of his character and behavior.

  3. Kavanaugh has made efforts to promote women in the legal profession, promising to be the first Supreme Court Justice to hire an all-female staff of clerks.

Assessing Credibility

After conducting over 100 interviews, the authors conclude:

  1. The accounts given by Ford and Ramirez "ring true" to them.

  2. Kavanaugh's claim of never having drunk to the point of blacking out "rings false."

  3. It's possible that Kavanaugh engaged in problematic drunken behavior in his youth but has since changed significantly.

  4. The authors note the difficulty in accounting for or admitting to events one genuinely doesn't remember due to intoxication.

Broader Implications

Impact on the #MeToo Movement

The Kavanaugh hearings had significant implications for the broader #MeToo movement:

  1. Ford's testimony resonated with many women who had experienced sexual assault or harassment.

  2. It sparked conversations about the long-term impact of sexual trauma and the challenges of coming forward with allegations years after the fact.

  3. The hearings highlighted the complexities of assessing decades-old allegations, especially in a highly politicized environment.

Political Polarization

The confirmation process underscored the deep political divisions in the United States:

  1. The hearings became a partisan battleground, with Republicans and Democrats often taking diametrically opposed positions.

  2. The process raised questions about the politicization of the Supreme Court nomination process.

  3. It highlighted the challenges of navigating sensitive issues like sexual assault allegations in a highly polarized political climate.

Legal and Ethical Questions

The Kavanaugh confirmation raised several important legal and ethical questions:

  1. How should allegations of misconduct from someone's youth be weighed against their adult record and accomplishments?

  2. What standards of evidence and due process should apply in the context of a job interview for a lifetime appointment to the highest court in the land?

  3. How can the confirmation process balance the need for thorough vetting with the privacy concerns of both nominees and accusers?

Conclusion

"The Education of Brett Kavanaugh" provides a comprehensive look at one of the most contentious Supreme Court confirmation processes in recent history. Through meticulous reporting and extensive interviews, the authors paint a nuanced picture of Brett Kavanaugh's background, the allegations against him, and the broader cultural and political context surrounding the hearings.

The book doesn't offer easy answers or definitive conclusions about the veracity of the allegations. Instead, it presents a complex narrative that highlights the challenges of assessing decades-old claims, the role of memory and trauma, and the impact of political polarization on the judicial confirmation process.

While Kavanaugh's confirmation was ultimately successful, the process left many questions unanswered and had far-reaching implications. It sparked important conversations about sexual assault, accountability, and the standards we expect of those in positions of power. It also highlighted the deep divisions in American society and the challenges of finding common ground on contentious issues.

Despite the lack of closure for Kavanaugh's accusers, there may be a silver lining to this controversial chapter in American history. The hearings empowered many women to speak up about their own experiences of sexual assault and harassment, contributing to broader societal discussions about these issues.

Ultimately, "The Education of Brett Kavanaugh" serves as a thought-provoking exploration of a pivotal moment in recent American history. It challenges readers to grapple with difficult questions about truth, memory, accountability, and the intersection of personal history and public service. While it may not provide all the answers, it offers a valuable contribution to our understanding of this complex and consequential event.

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