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Ongoing Kavanaugh Fight

I joined Laura Ingraham on her show to discuss the latest developments in the Kavanaugh confirmation:

INGRAHAM: The American justice system, the burden of proof should be on the person leveling the accusation. In the case of Brett Kavanaugh, it seems that his political opponents want it the other way around.

Take this, for instance. Late last night, a second corroborating witness came forward with a letter to Senator Chuck Grassley’s office. Patrick J. Smyth, who attended Georgetown Prep with Kavanaugh and believes he was the person labeled P.J. in the account Ms. Blasey Ford gave to “The Washington Post,” he vehemently denied that the party she described ever happened. He further vouched for Kavanaugh’s character.

Now, this huge development received very little pick up in the more dominant so called mainstream press, and even by CNN who broke the story. So, the question here is why? Hear what their answers are. Gregg Nunziata, a former chief nominations counsel to the Senate Judiciary Committee, along with Gayle Trotter, an attorney and spokeswoman for the Judicial Crisis Network.

Gregg, let’s start with you. Your reaction tonight to the latest development, specifically, again, the attempt to kind of — word “weaponize” but it is kind of weaponizing the FBI in what has clearly become a political calculation for the Democrats.

GREGG NUNZIATA, FORMER CHIEF NOMINATIONS COUNSEL, SENATE JUDICIARY COMMITTEE: That appears to be what is happening here. It’s painful for me to watch. I used to supervise the background investigation process in the Senate Judiciary Committee. There is a process there. It’s confidential. It keeps the politics out of it. It keeps the cameras away. It gets to the bottom of allegations like this. It is designed to avoid politics and to get to the truth. And the Senate Democrats here clearly chose to go another way and to make it about politics in a way that is very unlikely to yield any truth.

INGRAHAM: Gayle, Senator Kirsten Gillibrand, who has been a big champion of the “Me Too” movement, spoke out today with a lot of passion. Let’s watch.

(BEGIN VIDEO CLIP)

SEN. KIRSTEN GILLIBRAND, D—N.Y.: They are creating a false choice. They are trying to bully her into testifying on Monday before a full FBI background check is completed.

Without the benefit of the FBI investigation where it is not partisan and objective and without the benefit of corroborating witnesses being able to testify, it’s a sham hearing. And I don’t think she should participate in it.

(END VIDEO CLIP)

INGRAHAM: Should not participate. Sham hearing. A couple of days ago, they were asking for her to testify. And she again uses the phrase “background check” which again is Ford applying for a federal job. You don’t do a background check as part of this type of process.

So, I can’t believe she is a sitting U.S. senator. Again, sure she is a nice person, but I can’t believe she even uses those phrases. A lack of basic knowledge about the process.

GAYLE TROTTER, ATTORNEY, SPOKESWOMAN, JUDICIAL CRISIS NETWORK: It’s legal illiteracy. I mean, when you talk about this Judge Kavanaugh has already passed six of these FBI investigations, they were —

INGRAHAM: Background checks.

TROTTER: You look at what happened with the accuser this week. Her lawyers went to “The Washington Post” to tell the story. Then they said they would let her testify. Then less than 36 hours passed and they said that she wasn’t going to. I think Senator Grassley and his team should be commended because they have said, we will fly to California, we will fly anywhere, we will do something public, we will do something private, we will do whatever she wants to do so that she can get her story out there, because they want to take her seriously. And yet I think the fact is this is a partisan smear and attempt to delay. And it’s all falling apart.

INGRAHAM: Senator Mazie Hirono who has also been very vocal on this, she spoke out as well. Let’s watch.

(BEGIN VIDEO CLIP)

SEN. MAZIE HIRONO, D—HI.: The latest being a letter from the chairman to the Democrats saying we have done everything we can to contact her. That is such (bleep). I can’t hardly stand it.

(END VIDEO CLIP)

INGRAHAM: According to Senator Grassley’s office, they have made several attempts both to contact her lawyer, phone calls. I think the total of nine different attempts at communication. Eleven total actually now. So, they have been trying.

But again, you can’t — they can’t even agree on whether Grassley’s people would be trying to — that is so — the courts are trying to get in touch with her. But, I mean, they know Grassley’s number too if she wanted to testify. Correct, Gregg?

NUNZIATA: Correct. The Democrats and their staff have refused to participate in the investigation efforts that are going on right now. They are not taking part in the interviews of Judge Kavanaugh about these allegations. They are boycotting everything.

So, to take the position that somehow the Republicans are not taking these allegations seriously, it’s the Democrats that sat on the allegations for weeks, and now the Democrats are obstructing any effort to look in the committee process where it is supposed to happen.

INGRAHAM: And Gayle made this point. Gregg, I really want you to chime in this. Senator Grassley — President Trump said we want to hear from her today. He said we want to hear from here. I thought that was really good.

TROTTER: Yes.

INGRAHAM: He said — I would like to get this done. He said take as much time as you need. He seems to be even going farther than Grassley did.

TROTTER: Yes.

INGRAHAM: Grassley said we will do it on the phone, interview on the phone, interview in person or in private. You know, we will do, a conference call. I don’t know what else they can do at this point.

NUNZIATA: Chairman Grassley has been incredibly accommodating and patient in the face of lots of antics from the other side. Beyond that, he is one of the senators who is most well-known for his commitment to investigations and oversight. He has a team on the committee that is very experienced in doing these sort of things. He is trying to do his job which I can’t say to be true for everybody else up there.

INGRAHAM: Gayle, again, the other so-called corroborating witness, this Patrick Smyth. I think Smyth might be Smith. He said he never seen any type of behavior like this on Brett Kavanaugh’s part. But he was in the notes. So, every person she cites this other judge character, both of them are actually opposing her view on it. This case is falling apart.

TROTTER: Right, and I think you have to take the overwhelming amount of evidence that anyone who knows Judge Kavanaugh, and there are so many people who do, none of them believe that this is a credible allegation.

INGRAHAM: What happens Friday?

NUNZIATA: I don’t know. We will see day-to-day. I think people on the committee still want to hear from her.

INGRAHAM: She has a Friday deadline. That’s what Grassley said. Friday deadline. We’re going to vote.

TROTTER: Hold the vote.

INGRAHAM: I would do the vote on Friday. This is game. You got to end the game so they keep doing this. You have to teach your kids a lesson sometimes. You have to teach the senators playing this game a lesson. Thanks to both of you. Great analysis tonight.

NUNZIATA: Thank you.

TROTTER: Thank you.