"That's Not the Way This Works - That's Not the Way Any of This Works"

You know that TV ad for Fisher Investments, the one where Ken Fisher says, "I would die and go to hell before I'd sell an annuity?" Well, we'll get back to that.

Today, Prof. Christine Ford's lawyers let the 10am deadline for their client to decide whether to testify before the Senate Judiciary Committee on Monday come and go, yet the spineless Committee Chairman didn't announce a hearing. Instead, they're letting her continue to ponder and delay, afraid of the Me Too backlash that might follow a decision to proceed to a vote without her.

True, it's a damned-if-you-do, damned-if-you-don't situation, akin to a male horse straddling a barbed-wire fence. If they proceed, it will appear they didn't give her a chance to be heard - at least that's how the revisionist Dems will spin it, since she's had every chance to be heard.

But if they wait, they risk a full Senate vote on Kavanaugh's appointment to the Supreme Court being delayed until after the mid-terms, by which time the Democrats could control the House, the Senate, or, God forbid, both. Can you imagine Dianne Feinstein as Chair of the Judiciary Committee? I'm sure Lady Justice just wet herself at the thought.

Here are Dr. Ford's lawyers' demands related to the hearing - and what's wrong with each of them. I'll address their timing demand last.

1. No lawyers will question Dr. Ford, just Judiciary Committee members. Okay, fine, except that more than half the Committee members have law degrees. Beyond that, her lawyers have been prepping her non-stop, yet Kavanaugh has no idea what she's going to say (other than that she doesn't remember when or where the alleged incident happened, or how she got there or got home, or other key details). Thus he's had no opportunity for prep. So it might be nice if his lawyers had a chance to ask her questions. As it is, half the Committee members will be lobbing her softballs and trying to make her case for her, instead of having the accused's attorneys grill her, as happens in court. (I should know, I've been there. It's a disingenuous process, but it's equally disingenuous on both sides.)
2. Kavanaugh cannot be in the room. I don't understand why so many conservative pundits are okay with this one. It is a fundamental right for the accused to have the opportunity to face the accuser. In fact, it's why a lot of cases get dropped: the accuser doesn't want to be in the same courtroom with the accused, so they get cold feet. Granted, if Ford's claims are legit, she should be heard, but she should also understand that the rules are what they are, that the accused is presumed innocent until proven guilty, and therefore still has rights. Plus, she's had nearly four decades to grow a backbone. From a legal perspective, this one is a non-starter.
3. Kavanaugh has to testify first. No, no and no. This is also a violation of the fundamental rights of the accused. The defense always, always presents its case last. Why? Because the defense is responding to the claims of the accuser. Any idiot who knows nothing about the law, but has watched Law & Order, knows this.
4. As for the timing, she doesn't want to testify Monday, but to wait until Thursday. Why? Because a hearing held late in the week means that a vote won't take place until the following week. Why is that important? Because the longer they can delay this thing, the longer it will take before the full Senate can vote. And the longer that is delayed, the closer we get to the mid-terms.

As I'm writing this, Committee Chairman Grassley has offered to let Ford testify Wednesday at the latest, and has said that the offer is open until 10pm - 40 minutes from now - or a vote of the Committee will be held on Monday.

Feinstein says Ford "shouldn't be rushed." Well, supposedly she's known about this incident for 36 years (or 35 or 37, she's not sure), and supposedly Feinstein has known about it for a couple of months. Kavanaugh has known about the allegations for a week or so, yet he's ready to testify Monday.

The fact that Ford is not is all but proof that her allegations are unbased, that this is nothing more than a Democrat ploy to derail Kavanaugh's appointment to the high court. If she had anything on Kavanaugh, she'd be raring to go.

If a vote is held on Monday, it will go straight party-line: 11 to 10 in favor of the majority GOP. Then it would go to the Senate, where it likely would again narrowly pass.

There is considerable political calculus on both sides around what any possible scenario might mean for the mid-terms. If they proceed to a vote and Kavanaugh is appointed, the pink-hat brigade might come out in force and vote Democrat, giving that party control of Congress and derailing Trump's agenda for the next two years. (I wouldn't bet on it: the pink-hatters would vote anyway, and would vote Democrat across the board.)

If they don't proceed to a vote, the GOP might be viewed as weak and acquiescent, and those voters might vote Democrat. (That ain't happening, folks - you think after this debacle, the Democrats are going to gain voters? No, if this doesn't motivate the GOP and conservative independents such as myself come November, nothing will.)

It stinks, no matter which side of the aisle you're on. (Check that - if you're a Dem, you're too thick to get that this is nothing more than a ploy, and you're Kool-Aid drunk on Ford's accusation.)

I have to say I'm gravely disappointed in the GOP for not having the cojones to do the right thing and proceed to a vote. That decision should have been made at 10am, when Ford missed the first deadline to agree to testify Monday.

However - and this is where Ken Fisher's assertion comes into play - while the Curmudgeon has never been a party line voter, and in fact started out as a Democrat:

I would die and go to hell before I would ever again vote for a Democrat.