After hours of testimony described as “credible” by both sides of the aisle, this whole Kavanaugh debacle is about to zero in on what should be an inconsequential footnote. Dr. Christine Blasey Ford took and passed a polygraph test to generate more support for her allegation that Brett Kavanaugh tried to sexually assault her in high school. Was this definitive proof of her allegations? Of course not. Did it introduce the legal equivalent of “healing crystals” into a serious recitation of the events of that night? Absolutely.
And now we’re going to get bogged down in this lunacy.
One of Ford’s ex-boyfriends has written a letter “exposing” her for having once prepped a friend to take a polygraph test and Chuck Grassley’s going to grasp for this straw with all his might.
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During some of the time we were dating, Dr. Ford lived with Monica L. McLean, who I understood to be her life-long best friend. During that time, it was my understanding that McLean was interviewing for jobs with the FBI and US Attorney’s Office. I witnessed Dr. Ford help McLean prepare for a potential polygraph exam. Dr. Ford explained in detail what to expect, how polygraphs worked and helped McLean become familiar and less nervous about the exam.
That’s… not controversial at all. This jilted desperado isn’t suggesting Ford helped McLean beat the test like some captured CIA operative. He’s just saying she told a woman not to be nervous. But, doubtless, this will become a much bigger flashpoint than the daily confirmations that Kavanaugh lied under oath about a million little (and big) things. We truly live in the dumbest timeline.
UPDATE: And it turns out this might not even be true. Who’d have thunk that some disgruntled ex might not be the most reliable source?
WRONG.
Monica Mclean, retired FBI SSA and friend of Ford, gave @ABC this statement:
“I have NEVER had Christine Blasey Ford, or anybody else, prepare me, or provide any other type of assistance whatsoever in connection with any polygraph exam I have taken at anytime.” https://t.co/MmbbTPw667
— Terry Moran (@TerryMoran) October 3, 2018
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The polygraph test always brought with it the risk of becoming a sideshow. The “lie detector,” developed by a comic book creator, veers sharply into pseudoscience. When Kavanaugh denounced these tests as unreliable in his testimony he was correct. Except… that was never the point.
If you’re banking your evaluation of this nomination on polygraph results, then you’ve missed the boat. They’re all but worthless. What is relevant is Kavanaugh’s unwillingness to undergo the same procedure. Like any game of chicken, being the last one standing doesn’t necessarily prove you’re brave, but being the first to fold definitely proves you’re a coward. Keggy McRapenstein over here is pretty sure he’d blow that polygraph needle off its moorings if he ever hooked himself in so he’s not going to do it.
But for those of us that follow the courts, the more damning aspect of this polygraph drama is Kavanaugh’s repeated affirmations that the tests are valuable and a reliable tool for both law enforcement and employers. He’s on record that he has no problem with people going to jail or losing their jobs over polygraph results and he’s even contended that agencies shouldn’t have to reveal their own misgivings about polygraphs lest it undermine public confidence in the test. His refusal to take a test himself defines his judicial philosophy of “the law for thee, but not for me.” When a judge isn’t willing to live under the laws he or she espouses then they shouldn’t be a judge. Let alone a Supreme Court justice.
But now we’re going to go down this polygraph rabbit hole, asking all the questions that were never relevant. Let’s save Grassley the trouble — “passing” a polygraph is a non-sequitur. If you’re interested in catching someone in a lie, turn your attention to Kavanaugh’s emails and police reports. Those seem like far better indicia of truthfulness than some polygraph results.
Ex-Boyfriend Says Dr. Ford Coached Friend for Polygraph, Had No Fear of Flying [Breitbart News]
Earlier: Remember That Time Brett Kavanaugh Said Polygraphs Are Important In Making Hiring Decisions?
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.