Kavanaugh, Feinstein and Political Ethics?

Let me start by saying – perhaps there is no such thing as political ethics!  Perhaps the nature of politics is based on win-lose and the concept of representation that is best for the people is lost.  One thing that I think most everyone can agree on is that the fight for control of the Supreme Court is and has been a fiercely contested battleground and the nomination of Brett Kavanaugh has put a white hot spotlight on how ugly it can get.

My question is simple – In the age of #metoo, if you were a Senator (Republican or Democrat) and you were aware of an allegation of sexual misconduct (all be it intended to be anonymous) months before the Senate hearing for the nominee, would it be ethical to raise that in advance of the hearing? Would that be politically ethical?

Let me clarify a few things!

This post is not about whether Brett Kavanaugh committed sexual misconduct in his youth.  This post is not about whether Christine Blasey Ford was the victim of sexual misconduct in her youth or when she elected to come forward.  This post is not about the experience that Deborah Ramirez recalls now.  I am but an ethics speaker, writer and blogger and have no first hand knowledge of anyone’s past and most certainly am no judge.  What I am capable of doing is asking questions – ethical questions.  And when it comes to political ethics, I must admit I am a bit jaded, as it appears there is no such thing as political ethics.

The incredibly unbiased Facebook survey of political ethics – ha!

The questions I posed above were posted on Facebook.  I was curious to see if people could stay on task and answer the direct question as to whether it was ethical to withhold information until the 11th hour before the committee was set to vote.  Here are some of the responses:

It seems pretty stupid to raise questions AFTER the hearings. That just takes away the opportunity for the issues to be addressed comprehensively and publicly.

For Feinstein, this is “politics as usual”. But think about this . . . in some jurisdictions, can’t you be held accountable for witnessing a crime and NOT reporting it? Shouldn’t Feinstein have an OBLIGATION to go directly to law enforcement with this? So yes . . . her actions qualify as highly UNETHICAL for being privy to a possible felony and NOT reporting it to authorities.  But you know and I know . . . it’s politically driven.

Its simply liberals being liberals. They utilize feminism, racism, and every other ism in the book to discredit someone obtaining a position of power.  Its called mental disorder at its finest and we the people can clearly see through the bs yet we have no voice. The real Gangsters are the politicians.

The whole thing is politically driven. The concept of ethics is never considered. How many people remember what happened at a party 35 years ago when they were a drunk teenager and attended many such parties. I’d guess no one. Blatant political play.

My thoughts: in the tribal times our political environment is now in, the process can be (and has been) weaponized. Happened in the last administration when the Senate refused to hold a hearing on Obama’s SCOTUS choice. I have no doubt it’s happening now.  The problem is when one side accuses the other of doing the same thing they did in the last administration. Pot meet kettle.

Chuck, this doesn’t come close to being an intellectual answer to you question.  I am not at all sure as to why Senator Feinstein held the letter so long before taking action; It may have to do with keeping the letter confidential but I for one hope that the results of the letter and Dr. Ford’s testimony brings Kavanaugh down and that he also looses his current judgeship.

Chuck, was withholding knowledge until after the Judiciary hearings political? Of course it was. Senator Feinstein could have reported this to the FBI for their background check prior to the hearing. That result has historically been confidential. Dr. Ford did not self identify until the letter had been leaked.  The question if this is unethical is trickier. For most of the public this type of action would be considered questionable at best and probably unethical.  But how about for politics?  Politicians have played with the facts for political purposes forever. Both parties do it when it serves their purposes.  So is it unethical, or is it just playing the game by their generally accepted rules of engagement?

Wish I had a clever and definitive view, but I don’t. I can’t have one because I have a bias. I don’t like having a bias and I like admitting that I have one even less. I could not give you a legitimate answer as I have low regard for what any of those politicians may say. Be they Red or Blue, they have a forked tongue. I have no idea of what Kavanaugh may have done as a teenager, and a drunk teenager at that. But here is my bias again. His actions in this case are not really the issue, are they? It is his possible opinions as a Justice is really the issue. We need black and white, but the truth seems to be always in the middle. Another bias. But of course, truth is not what we are looking for, nor is ethical behavior what we expect. We want to justify our own bias. And, we will go to any length to do so. There is hardly a sin we would not break in order to justify our own bias. Of course this was unethical political behavior, but I am betting that some have the opinion that the “ends justify the means”. Ethics, be damned, as long as I am right and get what I want.

Interesting responses!  Some acknowledging that they had bias, some recognizing that they were going off topic, and some folks couldn’t help but focusing on the very polarized left or right leaning.  Seemed hard for many to stay on the political ethics topic.

One of the last folks to comment raised the issue of bias and that was thought provoking.  What’s my bias?  We all have bias and whether we like it or not, we can’t escape that fact.  And, our bias is the foundation for our opinions and view of the world.

I asked a question and some have said in private messages that I should provide an answer.  Please note – I have never said that I am the ethics answer man.  Just sayin’!  But I will venture a few comments with the hope that my friends and followers will be open to a broader view and not one that is focused on who is the next Supreme Court Justice.

In my view, if a Senator (of either party) knows of a credible allegation and sits on it failing to disclose such in a Senate hearing, they are guilty of unethical actions.  Many have said, over and over, that an investigation should be or have been conducted.  From all accounts, Feinstein, by withholding the Blasey Ford allegation impeded that opportunity for an investigation to have happened before the Kavanaugh hearing began.

So allow me to end with one last question – Should we expect politicians to act ethically, and if so, does that mean that they would seek a Win-Win vs Win-Lose?  Is that possible?

YOUR COMMENTS ARE WELCOME!