On Friday, the political world stood still as Senator Susan Collins (R-ME) delivered a speech prior to announcing whether or not she would support SCOTUS nominee Brett Kavanaugh.
Throughout the speech, Collins made several salient points about what her vote (as well as the votes of other Republicans who have chosen to confirm Kavanaugh) meant, and perhaps more importantly, what it does not mean.
In her speech, Collins pushed back against the notion that a vote for Kavanaugh was somehow dismissive of women — specifically those who have been the victims of sexual abuse. She also impressed upon listeners the importance of evidence and the concept of innocence until sufficient proof of guilt.
Below is a partial transcript of Collins’ speech in which she made the critical points noted above:
Despite all this, after weeks of reviewing Judge Kavanaugh’s record and listening to 32 hours of his testimony, the Senate’s advice and consent role was thrown into a tailspin following the allegations of sexual assault by Professor Christine Blasey Ford. The confirmation process now involves evaluating whether or not Judge Kavanaugh committed sexual assault, and lied about it to the Judiciary Committee.
Some argue that because this is a lifetime appointment to our highest court, the public interest requires that doubts be resolved against the nominee. Others see the public interest as embodied in our long-established tradition of affording to those accused of misconduct a presumption of innocence. In cases in which the facts are unclear, they would argue that the question should be resolved in favor of the nominee.
Mr. President, I understand both viewpoints. This debate is complicated further by the fact that the Senate confirmation process is not a trial. But certain fundamental legal principles—about due process, the presumption of innocence, and fairness—do bear on my thinking, and I cannot abandon them.
In evaluating any given claim of misconduct, we will be ill served in the long run if we abandon the presumption of innocence and fairness, tempting though it may be. We must always remember that it is when passions are most inflamed that fairness is most in jeopardy.
The presumption of innocence is relevant to the advice and consent function when an accusation departs from a nominee’s otherwise exemplary record. I worry that departing from this presumption could lead to a lack of public faith in the judiciary and would be hugely damaging to the confirmation process moving forward.
Some of the allegations levied against Judge Kavanaugh illustrate why the presumption of innocence is so important. I am thinking in particular not of the allegations raised by Professor Ford, but of the allegation that, when he was a teenager, Judge Kavanaugh drugged multiple girls and used their weakened state to facilitate gang rape. This outlandish allegation was put forth without any credible supporting evidence and simply parroted public statements of others. That such an allegation can find its way into the Supreme Court confirmation process is a stark reminder about why the presumption of innocence is so ingrained in our American consciousness.
Mr. President, I listened carefully to Christine Blasey Ford’s testimony before the Judiciary Committee. I found her testimony to be sincere, painful, and compelling. I believe that she is a survivor of a sexual assault and that this trauma has upended her life. Nevertheless, the four witnesses she named could not corroborate any of the events of that evening gathering where she says the assault occurred; none of the individuals Professor Ford says were at the party has any recollection at all of that night.
Judge Kavanaugh forcefully denied the allegations under penalty of perjury. Mark Judge denied under penalty of felony that he had witnessed an assault. PJ Smyth, another person allegedly at the party, denied that he was there under penalty of felony. Professor Ford’s life-long friend Leland Keyser indicated that, under penalty of felony, she does not remember that party. And Ms. Keyser went further. She indicated that not only does she not remember a night like that, but also that she does not even know Brett Kavanaugh.
In addition to the lack of corroborating evidence, we also learned some facts that raised more questions. For instance, since these allegations have become public, Professor Ford testified that not a single person has contacted her to say, “I was at the party that night.”
Furthermore, the professor testified that although she does not remember how she got home that evening, she knew that, because of the distance, she would have needed a ride – yet not a single person has come forward to say that they were the one that drove her home or were in the car with her that night. And Professor Ford also indicated that even though she left that small gathering of six or so people abruptly and without saying goodbye and distraught, none of them called her the next day – or ever – to ask why she left – is she okay – not even her closest friend, Ms. Keyser.
Mr. President, the Constitution does not provide guidance as to how we are supposed to evaluate these competing claims. It leaves that decision up to each Senator. This is not a criminal trial, and I do not believe that claims such as these need to be proved beyond a reasonable doubt. Nevertheless, fairness would dictate that the claims at least should meet a threshold of “more likely than not” as our standard.
The facts presented do not mean that Professor Ford was not sexually assaulted that night – or at some other time – but they do lead me to conclude that the allegations fail to meet the “more likely than not” standard. Therefore, I do not believe that these charges can fairly prevent Judge Kavanaugh from serving on the Court.
Let me emphasize that my approach to this question should not be misconstrued as suggesting that unwanted sexual contact of any nature is not a serious problem in this country. To the contrary, if any good at all has come from this ugly confirmation process, it has been to create an awareness that we have underestimated the pervasiveness of this terrible problem.
I have been alarmed and disturbed, however, by some who have suggested that unless Judge Kavanaugh’s nomination is rejected, the Senate is somehow condoning sexual assault. Nothing could be further from the truth.
Every person—man or woman–who makes a charge of sexual assault deserves to be heard and treated with respect. The #MeToo movement is real. It matters. It is needed. And it is long overdue. We know that rape and sexual assault are less likely to be reported to the police than other forms of assault. On average, an estimated 211,000 rapes and sexual assaults go unreported every year. We must listen to survivors, and every day we must seek to stop the criminal behavior that has hurt so many. We owe this to ourselves, our children, and generations to come.
Since the hearing, I have listened to many survivors of sexual assault. Many were total strangers who told me their heart-wrenching stories for the first time in their lives. Some were friends I have known for decades, yet with the exception of one woman who had confided in me years ago, I had no idea that they had been the victims of sexual attacks. I am grateful for their courage and their willingness to come forward, and I hope that in heightening public awareness, they have also lightened the burden that they have been quietly bearing for so many years. To them, I pledge to do all that I can to ensure that their daughters and granddaughters never share their experiences.
Over the past few weeks, I have been emphatic that the Senate has an obligation to investigate and evaluate the serious allegations of sexual assault. I called for and supported the additional hearing to hear from both Professor Ford and Judge Kavanaugh. I also pushed for and supported the FBI supplemental background investigation. This was the right thing to do.
Christine Ford never sought the spotlight. She indicated that she was terrified to appear before the Senate Judiciary Committee, and she has shunned attention since then. She seemed completely unaware of Chairman Grassley’s offer to allow her to testify confidentially in California. Watching her, Mr. President, I could not help but feel that some people who wanted to engineer the defeat of this nomination cared little, if at all, for her well-being.
Professor Ford testified that a very limited number of people had access to her letter. Yet that letter found its way into the public domain. She testified that she never gave permission for that very private letter to be released. And yet, here we are. We are in the middle of a fight that she never sought, arguing about claims that she wanted to raise confidentially.
One theory I have heard espoused repeatedly is that our colleague, Senator Feinstein, leaked Professor Ford’s letter at the eleventh hour to derail this process. I want to state this very clearly: I know Senator Diane Feinstein extremely well, and I believe that she would never do that. I knew that to be the case before she even stated it at the hearing. She is a person of integrity, and I stand by her.
I have also heard some argue that the Chairman of the Committee somehow treated Professor Ford unfairly. Nothing could be further from the truth. Chairman Grassley, along with his excellent staff, treated Professor Ford with compassion and respect throughout the entire process. And that is the way the Senator from Iowa has conducted himself throughout a lifetime dedicated to public service.
Here is Collins’ full speech (the transcribed portion begins at the 25:25 mark):