Senate Republicans aren’t the only ones willing to do anything to secure a right-wing majority on the Supreme Court. Enter Ed Whelan who is a major player in the DC conservative legal establishment as well as a friend and associate of Federalist Society honcho Leonard Leo and a certain sleazy Supreme wannabe, Brett Kavanaugh.
In what could be described as death by twitter, Whelan posted a wildly conjectural thread that has already been deleted, followed by an apology to the man he libeled. Here is Josh Marshall’s distillation of the excised thread:
Ed Whelan, a key player in DC’s conservative judicial establishment, posted a lengthy twitter thread in which he made a highly conjectural argument that the accusation against Brett Kavanaugh is actually a case of mistaken identification and that Prof. Blasey Ford’s alleged attacker was actually a classmate of Kavanaugh’s named Chris Garrett.
Garrett is now a middle school teacher in Georgia and had actually signed a letter which a number of Kavanaugh’s classmates sent to the Senate in July attesting to Kavanaugh’s character. Blasey Ford put out a statement tonight stating categorically that she knew both Kavanaugh and Garrett at the time and that there is no way she could have mistaken one for the other.
It’s worth stepping back and contemplating just how wild and reckless an action this was. There’s really no way for me to capture the zaniness of Whelan’s argument. You can read it here. Suffice it to say it’s far-fetched an makes the most serious of accusations based on the flimsiest of conjectures.
There are two key pieces of context that are critical to understand. Whelan didn’t just spin out some hypotheticals. He clearly pointed the finger at a man who is not a public figure in any way and argued that he was likely the one who attempted to rape Blasey Ford. At the end of his thread he drew back and said he didn’t know specifically what had happened that night … but it was clear what he meant and what he was saying. This is almost certainly libelous.
The other point is that Whelan is not some random on Twitter or an eccentric but little known activist. He is close friends with Kavanaugh and Leonard Leo, the head of the Federalist Society, the group that chooses and then organizes the confirmation strategies for these nominees. Whelan is also close to Don McGahn, the White House Counsel who is formally in charge of shepherding Kavanaugh’s nomination through the Senate. Whelan is part of the very top handful of activists who play in this space.
I may be a lapsed lawyer but I know libel when I see it: a private citizen was dragged into the Kavanaugh mess and accused of committing a crime without a shred of proof. It’s called reckless disregard for the truth. Whelan’s defenders might say that there’s an Absence of Malice but Paul Newman and Sally Field beg to differ.
You didn’t think I could get through a Kavanaugh mess post without, uh, posting a movie poster, did you? That’s well-nigh imposterable…
It’s time for an early edition of Separated At Birth. Here’s the side-by-side picture Whelan used to “document” his mistaken identity/doppelgänger theory:
Kavanaugh is on the right, Garrett on the left. The two look like suburban preppies who plan to pledge to a frat when they go to college. Btw, Kavanaugh is a Deke (DKE) which is one of the rowdiest and most entitled fraternities around. That explains a great deal about him.
The biggest question about Doppelgängergate is what did Kavanaugh know and when did he know it? Wingnut twitter was buzzing for days over a “revelation” that would crack the Ford-Kavanaugh case. My belief is that it’s part of a co-ordinated strategy to save Kavanaugh’s worthless ass. Former GOP operative Steve Schmidt, who knows Whelan, does too:
Of a broader discreditation strategy. No one should presume that Kavanaugh had any knowledge of the premeditated strategy being executed on his behalf. However, if he did, it utterly and irrevocably disqualifies him as a Justice of the United States Supreme Court. I hope
— Steve Schmidt (@SteveSchmidtSES) September 21, 2018
Thus spake a former Republican hack who has forsaken the party of Trump. Twitter giveth and twitter taketh away.
In a sane world, this would doom the Kavanaugh nomination and he would withdraw in shame over the company he keeps. In the shameless Trump era, who the hell knows? It does, however, prove the accuracy of a meme I first posted on August 8th: