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1450 FORD KAVANAUGH HRG GOP FS1 79 UNITED STATES SENATE COMMITTEE ON THE JUDICIARY HEARING: Nomination of the Honorable Brett M. Kavanaugh to be an Associate Justice of the Supreme Court of the United States (Day 5) Full Committee DATE: Thursday, September 27, 2018 TIME: 10:00 AM LOCATION: Dirksen Senate Office Building 226 PRESIDING: Chairman Chuck Grassley AGENDA: September 17, 2018 NOTICE OF COMMITTEE HEARING CONTINUATION The Senate Committee on the Judiciary hearing on the nomination of the Honorable Brett M. Kavanaugh to be an Associate Justice of the Supreme Court of the United States will continue Monday, September 24, 2018 at 10:00 a.m. in Room 216 of the Hart Senate Office Building. By order of the Chairman. September 21, 2018 POSTPONEMENT NOTICE OF COMMITTEE HEARING CONTINUATION The Senate Committee on the Judiciary hearing on the nomination of the Honorable Brett M. Kavanaugh to be an Associate Justice of the Supreme Court of the United States scheduled to continue Monday, September 24, 2018 at 10:00 a.m. in Room 216 of the Hart Senate Office Building has been postponed. By order of the Chairman. September 23, 2018 RESCHEDULED NOTICE OF COMMITTEE HEARING CONTINUATION The Senate Committee on the Judiciary hearing on the nomination of the Honorable Brett M. Kavanaugh to be an Associate Justice of the Supreme Court of the United States will continue on Thursday, September 27, 2018 at 10:00 a.m. in Room 226 of the Dirksen Senate Office Building. By order of the Chairman. MEMBER STATEMENTS: Senator Chuck Grassley (R - IA) WITNESSES: PANEL VI Professor Christine Blasey Ford, Ph.D. Palo Alto University Palo Alto, CA PANEL VII The Honorable Brett M. Kavanaugh Nominee to Serve as an Associate Justice of the Supreme Court of the United States Chevy Chase, MD 3:07:33 PM [Kavanaugh enters the room] Sen. Grassley >> Judge Kavanaugh, we welcome you. Are you ready? I have something I want to clear up from the last meeting that doesn't affect you. So before I swear you, I would like to explain my response to senator Kennedy right after the break. At that time I entered into the record the statements of three 3 3:08:32 PM witnesses Dr. Ford said were also at the party. These statements were provided to us under penalty of felony, by if you lie to congress. As soon as my team learned the names of these three potential witnesses, we immediately reached out to them, requesting an interview. In response all three submitted statements to us denying any knowledge of the gathering Dr. Ford described. If we had calls with them, we would have invited the minority to join. Every time that we've received any information regarding judge Kavanaugh, we've sought to immediately follow through and investigate. The minority staff sat on Dr. Ford's letter for weeks and staff told us that they believed it is, quote, highly 3:09:33 PM inappropriate to have these follow-up calls before the FBI finishes its investigation, end of quote, even though the FBI had completed its background information. When we followed up with judge Kavanaugh after we received Dr. Ford's allegations, the ranking member staff didn't join us, even though these calls are usually done on a bipartisan basis. They joined other calls with the judge but they didn't participate or ask any questions. Would you please rise, si do you affirm that the testimony you're about to give before the committee will be the truth, the whole truth and nothing but the truth so help you god? Judge Kavanaugh >> I do. Sen. Grassley >> And like we offered to senator -- or to Dr. Ford, you can take whatever time you want now for your opening statement and then we'll go to questions. So proceed. 3:10:33 PM Judge Kavanaugh >> Mr. Chairman, ranking member Feinstein, members of the committee, thank you for allowing me to make my statement. I wrote it myself yesterday afternoon and evening. No one has seen a draft or it except for one of my former law clerks. This is my statement. Less than two weeks ago Dr. Ford publicly accused me of committing wrongdoing at an event more than 36 years ago when we were both in high school. I denied the allegation immediately, categorically and unequivocally. All four people allegedly at the event, including Dr. Ford's long-time friend miss Kaiser, have said they recall no such event. Her long-time friend, miss Kaiser, said under penalty of felony that she does not know me 3:11:33 PM and does not believe she ever saw me at a party ever. Here is the quote from miss Kaiser's attorney's letter. Quote, simply put, miss Kaiser does not know Mr. Kavanaugh and does not recall being at a party present with or without miss think about that fact. The day after the allegation appeared, I told this committee that I wanted a hearing as soon as possible to clear my name. I demanded a hearing for the very next day. Unfortunately it took the committee ten days to get to this hearing. In those ten long days, unfortunately and as I predicted, my family and my name have been 3:12:32 PM totally and permanently destroyed by vicious and false additional accusations. The ten-day delay has been harmful to me and my family, to the supreme court and to the country. When this allegation first arose, I welcomed any kind of investigation, Senate, FBI or otherwise. The committee now has conducted a thorough investigation and I've cooperated fully. I know that any kind of investigation, Senate, FBI, Mon -- Montgomery county police, whatever, will clear me. Listen to the people I know. Listen to the people who have known me my whole life. Listen to the people I've grown up with and worked with and played with and coached with and dated and taught and gone to games with and had beers with. Listen to the witnesses who allegedly were at this event 36 years ago. Listen to miss Keyser. 3:13:41 PM She does not know me. I was not at the party described by Dr. Ford.. This confirmation process has become a national disgrace. The constitution gives the senate an important role in the confirmation process. But you have replaced advice and consent with search and destroy. Since my nomination in July, there has been a frenzy on the left to come up with something, anything, to block my confirmation. Shortly after I was nominated the democratic senate leader said he would, quote, "oppose me with everything he's got." A democratic senator on this committee publicly referred to me as evil. Evil. Think about that word. And said that those who supported me were, quote, complicit in evil. 3:14:42 PM Another democratic senator on this committee said, quote, Judge Kavanaugh is your worst a former head of the democratic national committee said, quote, Judge Kavanaugh will threaten the lives of millions of Americans for decades to come. I understand the passions of the moment, but I would say to those senators your words have meaning. Millions of Americans listened carefully to you. Given comments like those, is it any surprise that people have been willing to do anything to make any physical threat against my family, to send any violent e-mail to my wife, to make any kind of allegation against me and against my friends to blow me up and take me down? 3:15:43 PM You showed the wind. For decades to come I fear the whole country will reap the whirlwind. The behavior of several of the Democratic members of this committee a few weeks ago was an embarrassment. At least it was just a good old fashioned attempt at bourquin. Those efforts didn't work when I did at least okay enough at the hearings that it looked like I might actually get confirmed, a new tactic was needed. Some of you were lying in wait and had it ready. This first allegation was held in secret for weeks by a democratic member of this committee and by staff. It would be needed only if you couldn't take me out on the merits. When it was needed, this allegation released and publicly deployed over Dr. Ford's wishes. And then -- And then as no doubt was 3:16:47 PM expected, if not planned, came a long series of false, last-minute smears designed to scare me and drive me out of the process before any hearing occurred. Crazy stuff. Gangs, illegitimate children, fights on boats in Rhode Island. All nonsense reported breathlessly and often uncritically by the media. This has destroyed my family and my good name, a good name built up through decades of very hard work and public service at the highest levels of the American government. This whole two-week effort has been a calculated and orchestrated political hit fueled with apparent pent-up anger about president Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on 3:17:50 PMa behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups. This is a circus. The consequences will extend long past my nomination. The consequences will be with us for decades. This grotesque and coordinated character assassination will dissuade competent and good people of all political persuasions from serving our country. And as we all know, in the United States political system of the early 2000s, what goes around comes around . I am an optimistic guy. I always trying to on the sunrise side of the mountain, to be optimistic about the day that is coming. But today I have to say that I fear for the future. Last time I was here I told this committee that a federal judge 3:18:53 PM must be independent, not swayed by public or political pressure. I said I was such a judge and I am. I will not be intimidated into withdrawing from this process. You've tried hard. You've given it your all. No one can question your effort, but your coordinated and well-funded effort to destroy my good name and destroy my family will not drive me out. The vile threats of violence against my family will not drive me out. You may defeat me in the final vote but you'll never get me to quit. Never. I'm here today to tell the truth. I've never sexual assaulted anyone, not in high school, not in college, not ever. Sexual assault is horrific. One of my closest friends to this day is a woman who was 3:19:15 PM sexually abused and who in the 1990s when we were in our 30s confided in me about the abuse and sought my advice. I was one of the only people she consulted. Allegations of sexual assault must always be taken seriously, always. Those who make allegations always deserve to be heard. At the same time, the person who is the subject of the allegations also deserves to be heard. Due process is a foundation of the American rule of law. Due process means listening to both sides. As I told you at my hearing three weeks ago, I'm the only child of Martha and Ed Kavanaugh. They are here today. When I was 10, my mom went to law school and as a lawyer she 3:20:55 PM worked hard and overcame barriers, including the workplace sexual harassment that so many women faced at the time and still face today. She became a trail blazer, one of Maryland's earliest women prosecutors and trial judges. She and my dad taught me the importance of equality and respect for all people and she inspired me to be a lawyer and a judge. Last time I was here I told you that when my mom was a prosecutor and I was in high school, she used to practice her closing arguments at the dining room table on my dad and me. As I told you, her trademark line was "Use your common sense, what rings true, what rings false. Her trademark line is a good reminder as we sit here today, some 36 years after the alleged event occurred, when there is no 3:21:56 PM corroboration and indeed it is refuted by the people allegedly there. After I have been in the public arena for 26 years without even a hint, a whiff of an allegation like this and when my nomination to the supreme court was just about to be voted on at a time when I'm called evil by a democratic member of this committee, while democratic opponents of my nomination say people will die if I am confirmed. This onslaught of last-minute allegations does not ring true. I'm not questioning that Dr. Ford may have been sexual assaulted by some person in some place at some time, but I have never done this to her or to anyone. That's not who I am. It is not who I was. I am innocent of this charge. 3:23:00 PM I intend no ill will to Dr. Ford and her family. The other night Ashley and my daughter liza said their prayers and little liza all of ten years old said to Ashley, we should pray for the woman. (chokes up) That's a lot of wisdom from a 10-year-old. We mean no ill will. First let's start with my career. For the last 26 years, since 1992, I've served in many high-profile and sensitive government positions, for which the FBI has investigated my 3:24:01 PM background six separate times. Six separate FBI background investigations over 26 years. All of them after the event alleged here. I have been in the public arena and under extreme public scrutiny for decades. In 1992 I worked for the office of solicitor general in the department of justice. In 1993 I clerked on the Supreme Court for Justice Anthony Kennedy. I spent four years at the independent counsel's office during the 1990s. That office was the subject of enormous scrutiny from the media and the public. During 1998, the year of the impeachment of president Clinton, our office generally and I personally were in the middle of an intense national media and political spotlight. I and other leading members of can Starr's office were 3:25:00 PM opposition research from head to toe, from birth to the present day. Recall the people who were exposed that year of 1998 as having engaged in some sexual wrongdoing or indiscretions in their past. One person on the left even paid a million dollars for people who report evidence of sexual wrongdoing and it worked. Exposed some prominent people. Nothing about me. From 2001 to 2006 I worked for president George W. Bush in the white house. As staff secretary I was by President Bush's side for three years and was entrusted with the nation's most sensitive secrets. I traveled on air force one all over the country and the world with president Bush. I went everywhere with him, from Texas to Pakistan, from Alaska to Australia, from Buckingham palace to the Vatican. Three years in the west wing, 3:26:04 PM five and a half years in the white house. I was then nominated to be a judge on the D.C. Circuit. I was thoroughly vetted by the white house, the FBI, the American bar Association and this committee. I sat before this committee for two thorough confirmation hearings in 2004 and 2006. For the past 12 years leading up to my nomination for this job, I've served in a very public arena as a federal judge on what is often referred to as the second most important court in the country. I've handled some of the most significant and sensitive cases affecting the lives and liberties of the American people. I have been a good judge. And for this nomination, another FBI background investigation, another American bar association investigation, 31 hours of hearings, 65 senator meetings, 1,200 written questions, more 3:27:06 PM than all previous supreme court nominees combined. Throughout that entire time, throughout my 53 years and seven months on this Earth, until last week no one ever accused me of any kind of sexual misconduct. No one. Ever. A lifetime, a lifetime of public service and a lifetime of high-profile public service, at the highest levels of American government and never a hint of anything of this kind. And that's because nothing of this kind ever happened. Second, let's turn to specifics. I categorically and unequivocally deny the allegation against me by Dr. Ford. I never had any sexual or physical encounter of any kind 3:28:03 PM with Dr. Ford. I never attended a gathering like the once Dr. Ford describes in her allegation. I've never sexually assaulted Dr. Ford or anyone. Again, I am not questioning that Dr. Ford may have been sexual assaulted by some person in some place at some time, but I have never done that to her or to anyone. Dr. Ford's allegation stems from a party that she alleges occurred during the summer of 1982, 36 years ago. I was 17 years old between my Junior and Senior years of high school at Georgetown Prep, a rigorous, all boys Catholic Jesuit High School in Rockville, Maryland. When my friends and I spent time together at parties on weekends, it was usually with friends from nearby Catholic all-girl high schools: Stone ridge, Holy 3:29:09 PM Child, Visitation, Emaculata, Holy Cross. Dr. Ford did not attend one of those schools. She attended an independent private school named Holton Arms and she was a year behind me. She and I did not travel in the same social circles. It is possible that we met at some point at some events, although I do not recall that. To repeat, all of the people identified by Dr. Ford as being present at the party have said they do not remember any such party ever happening. Importantly her friend, Ms. Keyser, has not only denied knowledge of the party, Ms. Keyser said under penalty of felony she does not know me, does not recall ever being at a party with me ever and my two male friends who were allegedly there, who knew me well, have told this committee 3:30:08 PM under penalty of felony that they do not recall any such party and that I never did or would do anything like this. Dr. Ford's allegation is not merely uncorroborated, it is refuted by the very people she says were there, including by a long-time friend of hers. Refuted. Third, Dr. Ford has said that this event occurred at a house near Columbia country club, which is at the corner of Connecticut Avenue and the east/west highway in Chevy Chase, Maryland. In her letter to Senator Feinstein, she said there were four other people at the house, but none of those people nor I lived near Columbia country club. As of the summer of 1982, Dr. Ford was 15 and could not drive yet. And she did not live near Columbia Country Club. She says confidently that she had one beer at the party but she does 3:31:13 PM not say how she got to the house in question or how she got home or whose house it was. Fourth, I've submitted to this committee detailed calendars recording my activities in the summer of 1982. Why did I keep calendars? My dad started keeping detailed calendars of his life in 1978. He did so as both a calendar and a diary. He was a very organized guy to put it mildly. 3:32:14 PM Christmas time we sit around and he would regale us with old stories, milestones, old wed willings, old events from his calendars. In ninth grade -- in ninth grade in 1980 I started keeping calendars of my own, for me also it's both a calendar and a diary. I've kept such calendars and diaries for the last 38 years. Mine are not as good as my dad's in some years and when I was a kid, the calendars are about what you would expect from a kid, some goofy parts, some embarrassing parts, but I did have the summer of 1982 3:33:15 PM documented pretty well. The event described by Dr. Ford presumably happened on a weekend because I believe everyone worked and had jobs in the Summers. And in any event, a drunken early evening event of the kind she describes presumably happened on a weekend. If it was a weekend, my calendars show that I was out of town almost every weekend night before football training camp started in late August. The only weekend nights that I was in D.C. were Friday, June 4, when I was with my dad at a pro golf tournament. And had my high school achievement test at 8:30 the next morning. I also was in D.C. On Saturday 3:34:16 PM night August 7th, but I was at a small gathering at Becky's house in rockville with Matt, Denise, Lori and Jenny. Their names are all listed on my calendar. I won't use their last names here. And then on the weekend of August 20 to 22nd, I was staying at the Garrett's with Pat and Chris as we did final preparations for football training camp that began on Sunday the 22nd. As the calendars confirm, that weekend before a brutal football training camp schedule was no time for parties. So let me emphasize this point. If the party described by Dr. Ford happened in the summer of 1982 on a weekend night, my calendar shows all but definitively that I was not there. During the weekdays in the 3:35:16 PM summer of 1982, as you can see, I was out of town for two weeks of the summer for a trip to the beach with friends and at the legendary five-star basketball camp in Holmesdale, Pennsylvania. When I was in town, I spent much of my time working, working out, lifting weights, playing basketball or hanging out and having some beers with friends as we talked about life and football and school and girls. Some have noticed that I didn't have church on Sundays on my calendars. I also didn't list brushing my teeth, and for me, going to church on Sundays was like brushing my teeth, automatic. Still is. In the summer of 1981 I had worked construction. 3:36:16 PM In the summer of 1982 my job was cutting lawns. I had my own business of sorts. You see some specifics about the lawn cutting listed on the August calendar page when I had to time the last lawn cuttings of the summer of various lawns before football training camp. I played in a lot of summer league basketball games for the Georgetown prep team at night at Blair high school in silver spring many nights I worked out with other guys at Tobin's house. He was the great quarterback on our football team, and his dad ran workouts. Or lifted weight at Georgetown prep in preparation for the football season. I attended and watched many 3:37:17 PM sporting events, as is my habit to this day. The calendar shows a few gatherings at friends but none of those gatherings include the group of people Dr. Ford has I've had. As my calendars show, I was very precise about listing who was there, very precise. Keep in mind my calendars also were diaries of sorts, forward looking and backward looking, just like my dad's. You can see, for example, I crossed O missed workouts and the cancelled doctor appointments and that I listed the precise people who had shown up for certain events. The calendars are obviously not dispositive on their own, but they are another piece of evidence in the mix for you to consider. 3:38:10 PM >> Fifth, Dr. Ford's allegation is radically inconsistent with my record and my character from my youth to the present day. As students at an all-boys catholic jesuit school, many of us became friends and remain friends to this day with students at local catholic all-girls schools. One feature of my life that has remained true to the present day is that I've always had a lot of close female friends. I'm not talking about girl friends. I'm talking about friends who are women. That started in high school. Maybe it was because I'm an only child and had no sisters. But anyway, we had no social media or text or e-mail and we talked on the phone. I remember talking almost every night it seems to my friends Amy 3:39:23 PM or Julie or Kristen or Karen or Suzanne or Mora or Megan or Nikki. The list goes on. Friends for a lifetime built on a foundation of talking through school and life starting at age 14. Several of those great women are in the seats right behind me my friends and I sometimes got together and had parties on weekends. The drinking age was 18 in Maryland for most of my time in high school and was 18 in D.C. for all of my time in high school. I drank beer with my friends. Almost everyone did. sometimes I had too many beers. Sometimes others did. I liked beer. I still like beer. But I did not drink beer to the point of blacking out, and I never sexual assaulted anyone. 3:40:26 PM There is a bright line between drinking beer, which I gladly do and which I fully embrace, and sexual assaulting someone, which is a violent crime. If every American who drinks beer or every American who drank beer in high school is suddenly presumed guilty of sexual assault, it will be an ugly new place in this country. I never committed sexual assault. As high school students, we sometimes did goofy or stupid things. I doubt we're alone in looking back at high school and cringing at some things. For one thing, our year book was a disaster. I think some editors and students wanted the year book to be some combination of "Animal House", Caddie Shack" and "Fast times at Ridgemont High," which 3:41:25 PM were all movies in that time. Many of us went along with the year books at times to the point of absurdity. This past week my friends and I have cringed when we read about it and talked to each other. One thing in particular we were sad about, one of our good -- one of our good female friends who we would admire and went to 3:42:37 PM dances with had her name used on n the yearbook page with the term alumnus. But in this circus, the media has determined the team was related to sex. It was not related to sex. She and I never had any sexual interaction at all. So sorry to her for that year book reference. This may sound a bit trivial given all that we are here for, but one thing I want to try to make sure of in the future is my friendship with her. She was and is a great person. As to sex, this is not a topic I 3:43:35 PM er imagined would come up at a judicial confirmation hearing. But I want to give a full picture of who I was. I never had sexual intercourse or anything clo to it during high school or for many years after that. In some crowds I was probably a little outwardly shy about my inexperience. I tried to hide that. At the same time I was also inwardly proud of it. For me and the girls who I was friends with, that lack of major or rampant sexual activity in high school was a matter of faith and respect and caution. The committee has a letter from 65 women who knew me in high school. They said that I always treated 3:44:35 PM them with dignity and respect. That letter came together in one night 35 years after graduation while a sexual assault allegation was pending against me in a very fraught and public situation where they knew -- they knew they'd be vilified if they defended me. Think about that. They put themselves on the line for me. Those are some awesome women and I love all of them. You also have a letter from women who knew me in college. Most were varsity athletes. They described that I treated them as friends and equals and supported them in their sports at a time when women's sports 3:45:37 PM was emerging in the wake of title 9. I thank all of them for all of their texts and their e-mails and their support. One of those women friends from college, a self-described liberal and feminist sent me a text last night that said, quote, "deep breaths, you're a good man, a good man, a good man." A text yesterday from another one of those good women friends from college that said, quote, "Brett be strong, pulling for you from my core." A third text yesterday from yet another of those women I'm friends with from college said, "I'm holding you in the light of God. 3:46:40 PM As I said in my opening statement the last time I was with you, cherish your friends, look out for your friends, lift up your friends, love your friends. I felt that love more over the last two weeks than I ever have in my life. I thank all my friends. I love all my friends. Throughout my life I've devoted huge efforts to encouraging and promoting the careers of women. I will put my record up against anyone's, male or female. I am proud of the letter from 84 women. 84 women who worked with me at the bush White House from 2001 to 2006 and described me as, quote, "a man of the highest integrity." Read the op-ed from Sarah Day from Yarmouth, Maine. 3:47:39 PM She worked in Oval Office Operations outside of President Bush's office. Here's what she recently wrote in and today she stands by her comments. Quote, "Brett was an advocate for young women like me. He encouraged me to take on more responsibility and to feel confident in my role. In fact, during the 2004 Republican National Convention, Brett gave me the opportunity to help with the preparation and review of the President's remarks, something I never -- something I never would have had the chance to do if he had not included me. And he didn't just include me in the work, he made sure I was at Madison Square garden to watch the President's speech instead of back at the hotel to watch it on TV." end quote. 3:48:39 PM As a judge since 2006, I've had the privilege of hiring four recent law school graduates to serve as my law clerks each year. The law clerks for federal judges are the best and brightest graduates of American law schools. They work for one-year terms for judges after law school and then they move on in their careers. For judges, training these young lawyers is an important responsibility. The clerks will become the next generation of American lawyers and leaders, judges and senators. Just after I took the bench in 2006, there was a major "New York Times" story about the low number of women law clerks at the supreme court and Federal appeals courts. I took notice and I took action. A majority of my 48 law clerks over the last 12 years have been 3:49:41 PM women. In a letter to this committee, my women law clerks said I was one of the strongest advocates in the Federal Judiciary for women lawyers. They wrote that the legal profession is fairer and more equal because of me. In my time on the bench, no federal judge, not a single one in the country, has sent more women law clerks to clerk on the supreme court than I have. Before this allegation arose two weeks ago, I was required to start making certain administrative preparations for my possible transfer to the supreme court, just in case I was confirmed. As part of that I had to, in essence, contingently hire a first group of four law clerks who could be available to clerk at the supreme court for me on a moment's notice. I did so and contingently hired 3:50:44 PM four law clerks. All four are women. If confirmed, I'll be the first justice in the history of the Supreme Court to have a group of all women law clerks. That is who I am. That is who I was. Over the past 12 years I've taught constitutional law to hundreds of students, primarily at Harvard law school. I was hired by then Dean and now Justice Elana Kagan. One of my former women students, a Democrat, testified to this committee that I was an even-handed professor who treats people fairly and with respect. In a letter to this committee, my former students, male and female alike, wrote that I displayed a character that impressed us all. I love teaching law, but thanks 3:51:46 PM to what some of you on this side of the committee have unleashed, I may never be able to teach again. For the past seven years I've coached my two daughters' basketball teams. You saw many of those girls when they came to my hearing for a couple of hours. You have a letter from the parents of the girls I coached that describe my dedication, commitment and character. I coach because I know that a girls' confidence on the basketball court translates into confidence in other aspects of life. I love coaching more than anything I've ever done in my whole life, but thanks to what some of you on this side of the committee have unleashed, I may never be able to coach again. 3:52:48 PM I've been a judge for 12 years. I have a long record of service to America and to the constitution. I revere the constitution. I am deeply grateful to President Trump for nominating me. He was so gracious to my family and me on the July night he announced my nomination at the White House. I thank him for his steadfast support. When I accepted the President's nomination, Ashley and I knew this process would be challenging. We never expected that it would devolve into this. Explaining this to our daughters has been about the worst experience of our lives. Ashley has been a rock. I thank god every day for Ashley and my family. 3:53:53 PM We live in a country devoted to due process and the rule of law. That means taking allegations seriously, but if the mere allegation, the mere assertion of an allegation, a refuted allegation from 36 years ago is enough to destroy a person's life and career, we will have abandoned the basic principles of fairness and due process that define our legal system and our country. I ask you to judge me by the standard that you would want applied to your father, your husband, your brother or your son. My family and I intend no ill 3:54:50 PM will towards Dr. Ford or her family. And I swear today under oath before the Senate and the Nation, before my family and god, I am innocent of this charge. Sen. Grassley >> Thank you, Judge Kavanaugh. Before we start questions, I won't repeat what I said this morning, but we'll do it the same way as we did for Dr. Ford in five-minute rounds, and so we will start with Ms. Mitchell. Rachel Mitchell >> Good afternoon, judge Kavanaugh. We have not met. My name is Rachel Mitchell. I would like to go over a couple of guidelines for our question and answer session today. If I ask a question -- 3:55:57 PM Kavanaugh >> Yeah, I'm ready. Rachel Mitchell >> Okay. Rachel Mitchell >> Thank you. Rachel Mitchell >> If I ask a question -- If I ask a question that you do not understand, please ask me to clarify it or ask it in a different way. I may ask a question where I incorporate some information you've already provided. If I get it wrong, please correct me. I'm not going to ask you to guess. If you do estimate, please let me know you're estimating. I want to make sure that all of the committee members have gotten a copy of the definition of sexual behavior. Sen. Grassley >> Yes. At least I have one. >> I don't. >> We all do. Rachel Mitchell >> And you have that as well? Judge Kavanaugh? Kavanaugh >> Yeah. Rachel Mitchell >> Okay. First of all, have you been given or reviewed a copy of the questions that I will be asking you? Kavanaugh >> No. Rachel Mitchell >> Has anyone told you the questions that I will be asking you? Kavanaugh >> No. Rachel Mitchell >> I want you to take a moment to review the definition that's before you of sexual 3:56:55 PM behavior. Have you had a chance to review it? Kavanaugh >> I have. I may refer back to it if I can. Rachel Mitchell >> Yes, please. I would like to point out two specific parts. Among the examples of sexual behavior, it includes rubbing or grinding your genitals against somebody clothed or unclothed, and I would also point out that the definition applies whether or not the acts were sexually motivated objection for example, horse play. Do you understand the definition I've given you? Kavanaugh >> I do. Rachel Mitchell >> And, again, if at any time you need to review that, please -- please let me know. Dr. Ford has stated that somewhere between five or six people were present at the gathering on this date. You, Mark Judge, Leland Ingham or the time or Leland Keyser now, Patrick P.J. Smith, 3:58:27 PM Dr. Ford and an unnamed boy. Do you know Mark Judge? Kavanaugh >> I do. Rachel Mitchell >> How do you know him? Kavanaugh >> He was a friend at Georgetown Prep starting in ninth grade. He's a -- uh.. someone in our, you know, group of friends. We were a very friendly group in class. You saw the letter that's been sent by my friends from Georgetown Prep. Funny guy. Great writer. Popular. Developed a serious addiction problem that lasted decades, near death a couple of times from his addiction, suffered tremendously from -- Rachel Mitchell >> What is your relationship with him like now? 3:59:29 PM Kavanaugh >> I haven't talked to him in a couple of years. We've probably been on mass e-mails or group e-mails that go around among my high school friends. Rachel Mitchell >> Okay. And how did you know Patrick Smith? Kavanaugh >> Also ninth grade. Georgetown Prep. Went by P.J. Then. He and I lived close to one another, played football together. He was defensive tackle. I was a cornerback and receiver. We carpooled to school along with D. Davis. Every year, the three of us for two years. I didn't have a car. So one of the two of them would drive every day, and I would be in -- you know, they would pick me up. Rachel Mitchell >> What's your relationship like with him now? >> He lives in the area. I see him once in a while. I haven't seen him since this -- this thing. Rachel Mitchell >> Okay. Kavanaugh >> Do you know Leland Ingham or 4:00:31 PM Rachel Mitchell Leland Keyser? Kavanaugh >> I know of her. It's possible I, you know, saw or met her in high school at some point at some event Yeah I know her -- I know of her, and, again, I don't want to rule out having crossed paths with 4:00:48 PM her in high school. Rachel Mitchell >> Similar to your statements about knowing Dr. Ford? Kavanaugh >> Correct. Rachel Mitchell >> Okay. Sen. Grassley >> Senator Feinstein. Sen. Feinstein >> Judge Kavanaugh, it's my understanding that you have denied the allegations by Dr. Ford, Ms. Ramirez and Ms. Swetnick, is that correct? Kavanaugh >> Yes. Sen. Feinstein >> All three of these women have asked the FBI to investigate their claims. I listened carefully to what you said. Your concern is evident and clear, and if you're very confident of your position and you appear to be, why aren't you also asking the FBI to investigate these claims. Kavanaugh >> Senator, I'll do whatever the committee wants. I wanted a hearing the day after the allegation came up. I wanted to be here that day. 4:01:50 PM Instead, ten days passed where all this nonsense is coming out, you know, that I'm in gangs, I'm boats in Rhode Island. I'm in Colorado, you know, I'm cited all over the place, and these things are printed and run breathlessly by cable news. You know, I wanted a hearing the next day. My family's been destroyed by this, senator. Destroyed. >> And I'm -- and -- Kavanaugh >> And whoever wants -- whatever the committee decides, you know. I'm -- I'm all in. Sen. Feinstein The question is -- Kavanaugh Immediately. I'm all in immediately. Sen. Feinstein >> And the terrible and hard part of this is when we get an allegation we're not in a position to prove it or disprove it. Therefore, we have to depend on some outside authority for it. And it would just seem to me then when these allegations came forward that you would want the FBI to investigate those claims 4:02:51 PM and clear it up once and for all. Kavanaugh >> Senator, the committee investigates. It's not for me to say how to do it. But just so you know, the FBI doesn't reach a conclusion. They would give you a couple 302s that just tell you what we said. So I'm here. I wanted to be -- I wanted to be here the next day. It's an outrage that I was not allowed to come and immediately defend my name and say I didn't do this and give you all this evidence. I'm not even -- I'm not even in D.C. On the weekends in the summer of 1982. This happened on a weekday, I'm not at high school for a summer league game -- I'm not at Tobin's house working out, not at a movie with Suzanne. You know I wanted to be here right away. Sen. Feinstein >> Well, the difficult thing is -- these -- these hearings 4:03:49 PM are set and -- set by the majority, but I'm talking about getting the evidence and having the evidence looked at and I don't understand, you know, we hear from the witnesses, but the FBI isn't interviewing them and isn't giving us any facts, so all we have -- Kavanaugh >> You're interviewing me. You're interviewing me. You're doing it, senator. I'm sorry to interrupt. But you're doing it. There's no conclusions reached. Sen. Feinstein >> And what you're saying if I understand it is that the allegations by Dr. Ford, Ms. Ramirez and Ms. Swetnick are wrong. Kavanaugh >> That is -- that is emphatically what I'm saying, emphatically. The Swetnick thing is a joke. 4:04:48 PM That is a farce. Sen. Feinstein >> Would you like to say more about it? Kavanaugh >> No. Sen. Feinstein >> Okay. >> That's it, thank you, Mr. Chairman. Sen. Grassley >> Miss Mitchell. Rachel Mitchell >> Dr. Ford has described you as being intoxicated at a party. Did you consume alcohol during your high school years? Kavanaugh >> Yes, we drank beer. My friends and I, the boys and girls, yes, we drank beer. I liked beer. I still like beer. We drank beer. The drinking age as I noted was 18 so the seniors were legal, senior year in high school people were legal to drink, and, yeah, we drank beer and I said sometimes -- sometimes probably had too many beers and sometimes other people had team beers. We drink beer. We liked beer. Rachel Mitchell >> What do you consider to be too many beers? Kavanaugh >> I don't know. You know, we -- whatever the 4:05:50 PM chart says, blood-alcohol chart. Rachel Mitchell >> When you talked to Fox News the other night you said that there were times in high school when people might have had too many beers on occasion. Does that include you? Kavanaugh >> Sure. Rachel Mitchell >> Okay. Have you ever passed out from drinking? Kavanaugh >> Passed out would be -- no, but I've gone to sleep, but I've never blacked out, that's the allegation and -- and that -- that's wrong. Rachel Mitchell >> So let's talk about your time in high school. In high school after drinking, did you ever wake up in a different location than you remembered passing out or going Kavanaugh >> No. No. Rachel Mitchell >> Did you ever wake up with your clothes in a different condition or fewer clothes on than you remembered when you went to sleep or passed out? Kavanaugh >> No, no. Rachel Mitchell >> Did you ever tell -- did 4:06:53 PM anyone ever tell you about something that happened in your presence that you didn't remember during a time that you had been drinking? Kavanaugh >> No. We drank beer and did I think the vast majority of our age at the time but in any event we drank beer and -- and still do, so whatever -- yeah. Rachel Mitchell >> During the time in high school when you would be drinking, did anyone ever tell you about something that you did not remember? Kavanaugh >> No. Rachel Mitchell >> Dr. Ford described a small gathering of people at a suburban Maryland home in the summer of 1982. She said that Mark Judge, P.J. Smith and Leland Ingham also were present as well as an unknown male and that the people were drinking to varying 4:07:54 PM Degrees. Were you ever at a gathering that fits that description? Kavanaugh >> No, as I've said in my opening statements, opening statement. Rachel Mitchell >> Dr. Ford described an incident where she was alone in a room with you and Mark Judge. Have you ever been alone in a room with Dr. Ford and Mark Judge? Kavanaugh >> No. Rachel Mitchell >> Dr. Ford described an incident where you were grinding your genitals on her. Have you ever ground or rubbed your genitals against Dr. Ford? Kavanaugh >> No. Rachel Mitchell >> Dr. Ford described an incident where you covered her mouth with your hand. Have you ever covered Dr. Ford's mouth with your hand? Kavanaugh >> No. Rachel Mitchell >> Dr. Ford described an incident where you tried to remove her clothes. Have you ever tried to remove her clothes? Kavanaugh >> No. Rachel Mitchell >> Referring back to the definition of sexual behavior that I have given you, have you ever at any time engaged in sexual behavior with Dr. Ford? Kavanaugh >> No. Rachel Mitchell >> Have you ever engaged in 4:08:55 PM sexual behavior with Dr. Ford, even if it was consensual? Kavanaugh >> No. Rachel Mitchell >> I want to talk about your calendars. You submitted to the committee copies of the written calendars that you've talked about for the months of may, June, July and August of 1982. Do you have them in front of you? Kavanaugh >> I do. Rachel Mitchell >> Did you create these calendars in the sense of all the handwriting that's on them? Kavanaugh >> Yes. Rachel Mitchell >> Is it exclusively your handwriting? Kavanaugh >> Yes. Rachel Mitchell >>When did you make these entries? Kavanaugh >> In 1982. Rachel Mitchell >> Has anything changed -- been changed for those since 1982? Kavanaugh >> No. Rachel Mitchell >> Do these calendars represent your plans for each day, or do they document, in other words, prospectively. Kavanaugh >> Right. Rachel Mitchell >> Or do they document what actually occurred more like a diary? 4:09:57 PM Kavanaugh >> They are both forward looking and backward looking. As you can tell by looking at them, because I cross out certain doctor's appointments that didn't happen or one night where I was supposed to lift weights, I crossed that out because I obviously didn't make it that night, so you can see things that I didn't do. I crossed out in retrospect, and also when I list the specific people who I was with, that is likely backward looking. Rachel Mitchell >> You explained that you kept these calendars because your father started keeping them in 1978, I believe you said. Kavanaugh >> Mm-hmm. Rachel Mitchell >> That's why you kept them, in other words, you wrote on them, but why did you keep them up until this time? Kavanaugh >> Well, he's kept them, too, since 1978, so I -- he's a good role model. Sen. Grassley >> Miss Mitchell. You'll have to stop. Rachel Mitchell >> Oh, I'm sorry. Sen. Grassley >> Judge Kavanaugh has asked for a break so we'll take a a 15-minute break.
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