Ford Wins the Credibility Battle, But Not the War

H. Michael Harvey, JD
2 min readSep 27, 2018
by Samantha Sophia on Unsplash

Today, Dr. Christine Blasey Ford won the credibility battle between her version of what happened one summer day when she and Judge Brett Kavanaugh were teenagers.

Ford under oath, told the Senate Judiciary Committee that Kavanaugh sexually assaulted her over 30 years ago. Kavanaugh, under oath, denied that he sexually assaulted her.

Testimony from both parties was as expected. For any fact finder, this one comes down to who made the more credible witness.

Not that it will matter in the grand scheme of things, but the nod goes to Dr. Ford. She gave riveting and compelling testimony of the sights, sounds, and feelings of what she endured.

On the other hand, Kavanaugh was too defensive to be believable.

The straw that broke away from Kavanaugh’s credibility was his response to three questions raised at the end by Sen. Joe Kennedy.

Kennedy asked Kavanaugh to swear before God and country to a series of questions he was about to ask him.

Kavanaugh agreed to do so.

First, Kennedy asked Kavanaugh if he had sexually assaulted Ford. Kavanaugh responded with what he perceived to be evidence that he did not do it. It was a Democratic conspiracy to destroy his reputation.

Next Kavanaugh was asked if he had violated Ms. Ramirez. He answered with more of what he considered proof that he did not do it. Again, it was an allegation orchestrated by the Democrats.

Third, he was asked if he had exposed his penis to a third woman. Again, Kavanaugh offered what he considered evidence that he did not do this act. Namely, it was a conspiracy made up by a porn actress’s lawyer.

The problem with Kavanaugh’s answers to Sen. Kennedy is that a truthful answer would have been a simple yes or no.

Had Kavanaugh looked Kennedy in the eyes and answered no, I would have graded him as equally credible or more credible than Ford. He did not. I believe Dr. Ford and not Judge Kavanaugh.

Nevertheless, Kavanaugh will probably be seated on the Supreme Court before this piece is published.

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H. Michael Harvey, JD

Harvey is Living Now Book Awards 2020 Bronze Medalist for his memoir Freaknik Lawyer: A Memoir on the Craft of Resistance. Available at haroldmichaelharvey.com