Ford seeks to shift balance of power in Kavanaugh drama

But it’s also clear that the California professor and her lawyers are concerned at the imbalance of power she would face as a single accuser taking on Kavanaugh and the committee’s Republican majority, as well as the structure and integrity of a hearing that in many ways appears stacked against her.

“Why didn’t somebody call the FBI 36 years ago?” he said in an interview with Sean Hannity of Fox News.

“I mean you could also say, when did this all happen, what’s going on? To take a man like this and besmirch. Now with that being said — let her have her say and let’s see how it all works out.”

Trump’s remarks and expanded contacts between Ford’s lawyers and top members of the Senate Judiciary Committee intensified the drama over a nomination that could enshrine a conservative majority on the court for a generation. Just over a week ago, Kavanaugh appeared on a glide path to confirmation — but then Ford’s accusations started to emerge, further polarizing Washington’s rancorous politics.

Ford’s attorneys also suggested that Kavanaugh testify first, that they would like Mark Judge — a key witness to the alleged assault — to be subpoenaed, and that they would prefer no time limits on what is likely to be a deeply emotional opening statement.

Several of those conditions are likely to be nonstarters for the committee’s Republican majority, including the notion of compelling testimony from Judge, who has said he has no memory of the alleged incident and does not want to appear.

Multiple sources said that most of Ford’s stipulations were not red lines but an opening point for negotiations. She has apparently moved off her initial request that the FBI conduct an investigation before a hearing.

“Why suffer through the annihilation if it’s not going to matter?” said Ford, who has faced death threats and has not returned to her family home since identifying herself.

Kavanaugh wants to clear his name

Kavanaugh has categorically denied her accusation that he forced himself upon her at a house party in Washington’s Maryland suburbs while they were teenagers, and said Thursday in a letter to the committee that he is keen to testify as soon as possible to clear his name and defend his integrity.

His supporters say Ford’s accusations are a smear, that they lack credibility because there is no record she ever reported the alleged assault at the time, and that Democrats are using her as a tactic to delay his confirmation.

If Ford does not testify, it seems almost certain he will be swiftly confirmed. But if she does appear and puts on a credible performance, it’s possible she could hurt Kavanaugh’s chances of reaching the nation’s top bench. Any hearing would be unpredictable and a risk for the judge.

But Trump’s pick would enter any hearing in a strong position in the Republican-controlled committee. He has already spent the last three days huddled with administration officials to practice for a hostile reception from Democratic senators if the hearing goes ahead.

Ford’s lawyers appear to be trying to tilt the apparent power imbalance between Kavanaugh and their client before agreeing that she will appear.

In some ways, they appear to be trying to recreate the dynamic of the #MeToo movement, which has given women some confidence that their accusations about historic abuse by powerful men will be believed.

Is it fair?

Ford’s supporters argue that Republican deadlines and pressure on her for a quick decision on whether to testify this week suggest the party is more keen to create a perception of fairness than to preside over a legitimate examination of the claims. Trump has declined to ask the FBI to investigate the allegations.

Furthermore, legal experts say the lack of an investigation before the hearing puts Ford at a disadvantage, will create a “he said, she said” dynamic, and raises questions about the fairness of the hearing.

“From a legal perspective … you have an allegation, you have an investigation, and then you have testimony,” said Michael Zeldin, a former Justice Department prosecutor who is now a CNN legal analyst.

“The notion that they are providing her due process — a forum to tell her story, which she has already told in written form — without there being an intervening investigation makes no sense to me legally.”

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

Tom Spiggle, a Virginia lawyer who is a specialist in sexual harassment cases, said Ford’s team would hope that an investigation could corroborate her testimony, which otherwise would have to stand alone.

“Even if you did just a traditional interview where you interviewed other witnesses and talked to other people who might have known what went on, you are going to have a much more well-rounded view,” Spiggle said.

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

She faces the prospect of walking into a packed hearing room — after a feverish media buildup — in front of packs of photographers and getting a hostile reception from 11 middle-aged or elderly male Republican senators.

Susan Hennessey, a CNN legal and national security analyst, pointed out on the “The Situation Room” on Wednesday that cabinet secretaries and the heads of federal agencies spend “weeks and weeks” preparing with their staff for such hearings.

As Kavanaugh is a Washington political operative, lawyer, aide to independent counsel Kenneth Starr and a veteran of several confirmation marathons, it’s clear that a Judiciary Committee hearing would be closer to his comfort zone than Ford’s.

Ford’s supporters also believe that the fact some Republicans have already made up their minds about Kavanaugh’s alleged conduct suggests that her huge emotional investment in taking part would be futile.

Republican Sen. Lindsey Graham of South Carolina, for instance, said calls for an FBI investigation were nothing but a delaying tactic. He gave the distinct impression he wants to get Kavanaugh on the court without delay, cementing the conservative majority Republicans have hankered after for decades.

“It is imperative the Judiciary Committee move forward on the Kavanaugh nomination and a committee vote be taken as soon as possible,” Graham said in a statement earlier this week.

Democratic Sen. Kirsten Gillibrand of New York said Thursday that such haste undermined any concept of fairness toward Ford.

“I consider that to be bullying. I consider that to be disregarding. I consider that to be something set up for failure,” she said. “They would like a he-said-she-said scenario, because you know what happens in those scenarios? The men are typically believed.”