Ford seeks to alter the balance of power in Kavanaugh's drama



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Is it worth it to annihilate her privacy by giving public testimony that still can not derail her confirmation, but will she expose it to a storm in Washington that will ensure that It will forever be vilified by millions of its supporters?

The odds for Ford to decide to move forward appeared to increase on Thursday after his lawyers began negotiations with the Judiciary Committee of the Senate on a possible appearance next week.

The demands of his team indicate that Ford is worried about his safety if he accepts an appearance that will be very controversial and will be watched around the world.

But it is also clear that the California professor and his lawyers are concerned about the imbalance of power that she will face as a single accuser taking Kavanaugh and the Republican majority of the committee, as well as by the structure and integrity of a hearing against her.

The difficulty she may have in hearing her allegations correctly, namely that she was assaulted by Kavanaugh while they were in high school in the 1980s, was encircled by remarks made by the President Donald Trump on Thursday night. The President has demonstrated the unusual restraint he has shown in the controversy and defended his choice in the Supreme Court.

"Why did not anyone call the FBI 36 years ago?" he said in an interview with Sean Hannity of Fox News.

Trump wonders why Kavanaugh's accuser did not call the FBI

"I mean you could also say, when did all this happen, what's going on, take a man like that and get dirty, and now that being said – let her tell him and let's see how it works. "

Trump's remarks and expanded contacts between Ford's lawyers and key members of the Senate Judiciary Committee have intensified the drama about an appointment that could dedicate a conservative majority to court for a generation. A little over a week ago, Kavanaugh was on the road to confirmation – but Ford's accusations began to appear, further polarizing Washington's grudge policy.

Congressional sources said Thursday that Ford wanted assurances on its security before agreeing to testify and a guarantee that it will never be in the same room as Kavanaugh. She wants to be questioned by senators, not by an outside lawyer – perhaps to avoid the impression that she is on trial.

Ford's lawyers also suggested that Kavanaugh testifies first, that they would like Mark Judge – a key witness of the alleged assault – to be summoned and that they would prefer not to impose any limit to what could be a deeply emotional opening statement.

Many of these conditions are likely not to affect the Republican majority of the committee, including the notion of convincing testimony from the judge, who said he has no recollection of the alleged incident and does not want appear.

Several sources said that most of Ford's stipulations were not red lines but an opening point for negotiations. She apparently withdrew her original claim that the FBI is conducting an investigation before a hearing.

Gaining insurances about her main concerns could help Ford answer the question she asked when she identified herself as the source of anonymous charges against Kavanaugh in the Washington Post on Sunday.

"Why suffer from annihilation if it does not matter?" said Ford, who has been threatened with death and has not returned home since she 's identified.

Kavanaugh wants to erase his name

Kavanaugh categorically denied his accusation that he imposed on herself at a party in the suburbs of Washington while they were teenagers and said Thursday in a letter to the committee that He wished to testify as soon as possible to his integrity.

Her supporters say that Ford's accusations are a smear, that they lack credibility as there is no document stating that she reportedly reported the alleged assault at the time , and that Democrats use it as a tactic to delay his confirmation.

If Ford does not testify, it seems almost certain that it will be quickly confirmed. But if it appears and achieves a credible performance, it is possible that it may harm Kavanaugh's chances of reaching the highest level of the country. Any hearing would be unpredictable and would pose a risk to the judge.

But Trump's choice would stall any hearing into a strong position in the Republican-controlled committee. He has already spent the past three days talking with government officials to train for a hostile reception by Democratic senators if the hearing took place.

Ford's attorneys seem to be trying to tilt the apparent power imbalance between Kavanaugh and their client before agreeing that it appears.

In some ways, they seem to be trying to recreate the dynamics of the #MeToo movement, which has given women some confidence in their beliefs about the historical abuses committed by powerful men.

Is it right?

Ford supporters argue that Republican deadlines and pressure on her to quickly decide to testify this week suggest that the party is more inclined to create a perception of fairness than to preside over a legitimate review of claims. Trump refused to ask the FBI to investigate the allegations.

In addition, legal experts argue that the lack of investigation before the hearing disadvantages Ford, creates momentum "he said," she says, "and raises questions about the fairness of the hearing.

"From a legal point of view … you have an allegation, you have an investigation, and then you have a testimony," said Michael Zeldin, a former attorney of the Department of Justice who is now a legal analyst at CNN .

"The idea that they provide its due process – a forum to tell its story, that it has already told in writing – without there being an intermediate investigation has not been made. no sense for me legally ".

If Ford is unable to call witnesses, his case could also be damaged.

Tom Spiggle, a Virginia lawyer specializing in sexual harassment cases, said the Ford team hoped an investigation could corroborate his testimony, which otherwise should be self-sustaining.

"Even if you just did a traditional interview where you interviewed other witnesses and talked to other people who might have known what happened, you will have a much more complete vision." said Spiggle.

The political context of the hearing also raises doubts as to whether Ford can expect a respectful reception and whether it would ultimately achieve its goals.

She faces the prospect of entering a crowded audience room – after a media fever – in front of groups of photographers and receiving a hostile welcome from 11 Republican senators middle-aged men and elderly .

Susan Hennessey, National Security and Legal Analyst at CNN, said Wednesday in the "Situation Room" that cabinet secretaries and heads of federal agencies are preparing "in weeks and weeks" with their staff for such hearings .

As Kavanaugh is a Washington political officer, a lawyer, an assistant to Independent Advisor Kenneth Starr and a veteran of several confirmation marathons, it is clear that a judicial committee hearing would be closer to his comfort zone than that from Ford.

Ford supporters also believe that the fact that some Republicans have already taken a stand on the alleged conduct of Kavanaugh suggests that his enormous emotional investment in participation would be useless.

Republican Senator Lindsey Graham of South Carolina, for example, said that calls for an FBI investigation were nothing but a delaying tactic. He clearly gave the impression of wanting Kavanaugh on the court without delay, consolidating the conservative majority that Republicans have been seeking for decades.

"It is imperative that the Judiciary Committee advance on the appointment of Kavanaugh and a vote in committee be taken as soon as possible," Graham said in a statement earlier this week.

Sen. Democrat Kirsten Gillibrand of New York City said Thursday that such a haste undermined any concept of fairness to Ford.

"I consider it to be intimidation, which I do not consider, and I consider it a failure," she said. "They would like a scenario," he says, "because you know what's going on in these scenarios?" Men are generally convinced.

CNN's Manu Raju, Jim Acosta, Sunlen Serfaty, Sarah Westwood, Phil Mattingly and Gloria Borger contributed to this story.

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