WEBVTT 00:01.966 --> 00:05.866 align:left position:10%,start line:77% size:80% JUDY WOODRUFF: And you are going to want to know what to expect from the Senate Judiciary 00:05.866 --> 00:10.366 align:left position:10%,start line:77% size:80% Committee tomorrow in the questioning of Judge Kavanaugh and Professor Blasey Ford. 00:10.366 --> 00:13.733 align:left position:20%,start line:83% size:70% For that now, I'm joined by Julie Goldscheid. 00:13.733 --> 00:18.733 align:left position:10%,start line:77% size:80% She is a professor of law at the City University of New York, where she teaches classes on 00:19.466 --> 00:21.600 align:left position:30%,start line:89% size:60% gender and law. 00:21.600 --> 00:25.466 align:left position:20%,start line:71% size:70% She is one of several law professors who wrote a letter today urging the Judiciary Committee 00:25.466 --> 00:30.466 align:left position:10%,start line:77% size:80% to further investigate the claims made by Blasey Ford and these other women. 00:32.833 --> 00:36.800 align:left position:10%,start line:77% size:80% Professor Goldscheid, let me just start by asking, the letter to the committee, what 00:36.800 --> 00:41.766 align:left position:10%,start line:77% size:80% was the point you were making in that letter, which is critical of how the committee is 00:42.533 --> 00:44.466 align:left position:20%,start line:89% size:70% structured tomorrow? 00:44.466 --> 00:46.933 align:left position:10%,start line:77% size:80% JULIE GOLDSCHEID, Professor of Law, CUNY School of Law: Yes, thank you. 00:46.933 --> 00:51.666 align:left position:10%,start line:71% size:80% The point of the letter is really to ask the senators to do what we would expect any fact-finder 00:54.200 --> 00:58.600 align:left position:10%,start line:71% size:80% to do, which is to pause, to get a full investigation, and to assess all of the evidence in the context 01:01.100 --> 01:03.566 align:left position:10%,start line:89% size:80% that's before the committee. 01:03.566 --> 01:05.200 align:left position:10%,start line:89% size:80% This is not a criminal case. 01:05.200 --> 01:07.266 align:left position:20%,start line:89% size:70% It's not a civil case. 01:07.266 --> 01:11.966 align:left position:10%,start line:77% size:80% It's not about evidence that's going to be assessed based on a preponderance of the evidence 01:14.133 --> 01:16.600 align:left position:20%,start line:83% size:70% or beyond a reasonable doubt standard. 01:16.600 --> 01:21.600 align:left position:20%,start line:71% size:70% This is a question about whether or not somebody should be nominated and appointed to the Supreme 01:24.266 --> 01:26.533 align:left position:20%,start line:83% size:70% Court, the highest court in the country. 01:26.533 --> 01:30.900 align:left position:10%,start line:77% size:80% And for that, there are many complex questions that I would think the senators should be 01:30.900 --> 01:32.866 align:left position:30%,start line:89% size:60% interested in. 01:32.866 --> 01:37.133 align:left position:10%,start line:77% size:80% They should be interested in assessing the very serious allegations that have been made 01:38.666 --> 01:43.033 align:left position:20%,start line:77% size:70% and hearing the nominees reflections on those allegations. 01:45.000 --> 01:48.233 align:left position:10%,start line:77% size:80% Not only do they raise very serious concerns, but they also raise complex questions that 01:50.233 --> 01:53.400 align:left position:10%,start line:77% size:80% are of the type of issue -- that reflect the type of issues that the court deals with all 01:54.033 --> 01:56.200 align:left position:30%,start line:89% size:60% the time. 01:56.200 --> 01:59.433 align:left position:20%,start line:71% size:70% And the senators should be interested in how the nominee reflects on that kind of complicated 01:59.433 --> 02:01.533 align:left position:20%,start line:83% size:70% allegation and complicated dynamic. 02:01.533 --> 02:05.133 align:left position:10%,start line:77% size:80% JUDY WOODRUFF: And I know that you and the others who were signing this letter were calling 02:05.133 --> 02:10.133 align:left position:10%,start line:77% size:80% for an investigation to take place, just as Dr. Blasey Ford and her attorney were calling 02:10.900 --> 02:12.933 align:left position:40%,start line:89% size:50% for. 02:12.933 --> 02:16.900 align:left position:10%,start line:77% size:80% But we know that there will be, there has been no, and won't be an FBI investigation. 02:17.766 --> 02:19.166 align:left position:10%,start line:89% size:80% They have been talking to her. 02:19.166 --> 02:21.266 align:left position:10%,start line:89% size:80% What will be missing then? 02:21.266 --> 02:25.766 align:left position:10%,start line:77% size:80% I mean, what is it -- what is it -- what will be the role of Rachel Mitchell, who will be 02:28.166 --> 02:31.633 align:left position:10%,start line:71% size:80% asking question for the Republicans, and then of the Democratic senators in getting to the 02:31.633 --> 02:36.133 align:left position:10%,start line:77% size:80% bottom of this, as best they can, when there has not been an FBI investigation? 02:36.133 --> 02:37.633 align:left position:20%,start line:89% size:70% JULIE GOLDSCHEID: Right. 02:37.633 --> 02:40.433 align:left position:20%,start line:83% size:70% Well, your point is a very good one. 02:40.433 --> 02:45.433 align:left position:10%,start line:77% size:80% Without a full investigation for background, and without all the witnesses who can speak 02:47.800 --> 02:51.500 align:left position:10%,start line:71% size:80% to the allegations, there's really an incomplete picture that will be painted at the hearings, 02:53.466 --> 02:56.800 align:left position:10%,start line:77% size:80% by definition, unless the senators decide to open up the hearings to more witnesses 02:58.766 --> 03:02.000 align:left position:10%,start line:77% size:80% who can talk about their -- the accounts that they heard about the allegations before the 03:04.566 --> 03:06.766 align:left position:10%,start line:89% size:80% - - before these hearings. 03:06.766 --> 03:11.766 align:left position:10%,start line:77% size:80% So, the task for the -- for the hearings tomorrow is to paint as clear and as complete and as 03:14.733 --> 03:19.733 align:left position:10%,start line:77% size:80% neutral a picture as possible about what Dr. Ford experienced and what the nominee, Judge 03:22.133 --> 03:27.066 align:left position:10%,start line:71% size:80% Kavanaugh, experienced, and to hear his reflections on these very delicate details and difficult 03:31.833 --> 03:33.833 align:left position:30%,start line:89% size:60% allegations. 03:33.833 --> 03:37.833 align:left position:10%,start line:77% size:80% JUDY WOODRUFF: So, we have been -- her opening statement, Christine Blasey Ford's opening 03:39.000 --> 03:40.266 align:left position:20%,start line:83% size:70% statement, has been released, we know. 03:40.266 --> 03:42.466 align:left position:20%,start line:83% size:70% We have been able to take a look at that. 03:42.466 --> 03:47.466 align:left position:20%,start line:71% size:70% She's pretty much giving the same description of what happened that night at that party 03:49.433 --> 03:52.800 align:left position:10%,start line:77% size:80% in 1982 in that summer that we have been told, with a little more detail. 03:54.866 --> 03:59.433 align:left position:10%,start line:77% size:80% Given that, and given that Judge Kavanaugh is saying he wasn't at the party, doesn't 03:59.433 --> 04:04.400 align:left position:20%,start line:71% size:70% know her, how does any -- how does a questioner get to some evidence, some information that's 04:08.166 --> 04:10.866 align:left position:20%,start line:77% size:70% going to advance our understanding of what really happened? 04:10.866 --> 04:13.366 align:left position:20%,start line:89% size:70% JULIE GOLDSCHEID: Yes. 04:13.366 --> 04:17.233 align:left position:10%,start line:71% size:80% Well, one thing that the questioner can do is can ask about both witnesses' understandings 04:18.700 --> 04:22.366 align:left position:10%,start line:83% size:80% of some of the other information that has come to come to light. 04:22.366 --> 04:27.366 align:left position:20%,start line:71% size:70% So, for example, if Judge Kavanaugh says he has no recollection, he can be probed about 04:29.333 --> 04:32.966 align:left position:10%,start line:77% size:80% some of the other accounts that have come forward about the details of some of the parties 04:34.833 --> 04:39.266 align:left position:10%,start line:77% size:80% and the atmosphere and the culture that at least many people think took place at that 04:40.566 --> 04:42.700 align:left position:20%,start line:83% size:70% school at the time that he was there. 04:42.700 --> 04:47.633 align:left position:10%,start line:77% size:80% So, she can get his reactions to those -- those accounts of what was going on at the time. 04:50.933 --> 04:55.933 align:left position:10%,start line:77% size:80% JUDY WOODRUFF: Are questions about how much drinking did he do, how much partying, I mean, 04:57.833 --> 05:01.000 align:left position:10%,start line:77% size:80% are those kinds of general questions going to bring us closer to understanding whether 05:01.000 --> 05:03.066 align:left position:20%,start line:89% size:70% this happened or not? 05:03.066 --> 05:07.333 align:left position:10%,start line:77% size:80% JULIE GOLDSCHEID: I think part of the task is to come to as clear an assessment of what 05:09.033 --> 05:11.066 align:left position:20%,start line:89% size:70% happened as possible. 05:11.066 --> 05:15.733 align:left position:10%,start line:77% size:80% And we know that, in many cases like this, there are competing versions, competing accounts 05:15.733 --> 05:17.766 align:left position:20%,start line:89% size:70% of what happened. 05:17.766 --> 05:21.733 align:left position:10%,start line:77% size:80% So, the task for the senators is really to listen very carefully and closely to the answers 05:24.133 --> 05:28.300 align:left position:10%,start line:71% size:80% to try to hear how much consistency or inconsistency there is in the respective witnesses' reports 05:31.166 --> 05:36.166 align:left position:20%,start line:71% size:70% and to make their own assessments, both about what happened, but about how the nominee's 05:38.133 --> 05:42.000 align:left position:10%,start line:77% size:80% responses bear on his ability to serve as a Supreme Court justice, because I really 05:43.466 --> 05:46.533 align:left position:10%,start line:83% size:80% can't underscore enough that that's what's at issue here. 05:46.533 --> 05:51.533 align:left position:10%,start line:77% size:80% This is more akin to a job interview than any kind of criminal or civil proceeding. 05:53.366 --> 05:56.800 align:left position:10%,start line:77% size:80% It's really about his qualifications for this very, very important position. 05:56.800 --> 06:00.000 align:left position:20%,start line:77% size:70% JUDY WOODRUFF: Professor Goldscheid, finally, just one question. 06:00.000 --> 06:05.000 align:left position:10%,start line:77% size:80% If you were asking questions of Judge Kavanaugh tomorrow, what's the most important thing 06:06.333 --> 06:07.833 align:left position:10%,start line:89% size:80% you would want to know from him? 06:07.833 --> 06:10.700 align:left position:20%,start line:83% size:70% JULIE GOLDSCHEID: Yes, good question. 06:10.700 --> 06:15.700 align:left position:10%,start line:77% size:80% I might want to know his view, if the allegations were true, what he -- what his views would 06:19.566 --> 06:22.200 align:left position:10%,start line:83% size:80% be about them and what he would think about them. 06:22.200 --> 06:27.200 align:left position:10%,start line:77% size:80% I really want to hear his thoughts about the seriousness of sexual assault. 06:28.366 --> 06:30.400 align:left position:20%,start line:83% size:70% We know that sexual assault is pervasive. 06:30.400 --> 06:35.200 align:left position:10%,start line:77% size:80% It continues to be pervasive, despite all of the gains and progress that's been made, 06:36.600 --> 06:40.133 align:left position:10%,start line:83% size:80% and I want to hear what his assessment is of those accounts. 06:40.133 --> 06:44.766 align:left position:10%,start line:77% size:80% JUDY WOODRUFF: Julie Goldscheid, she's a professor at the City University of New York. 06:44.766 --> 06:45.800 align:left position:30%,start line:89% size:60% We thank you. 06:45.800 --> 06:47.233 align:left position:10%,start line:89% size:80% JULIE GOLDSCHEID: Thank you. 06:47.233 --> 06:48.533 align:left position:20%,start line:89% size:70% CUNY School of Law. 06:48.533 --> 06:49.533 align:left position:30%,start line:89% size:60% Thank you. 06:49.533 --> 06:50.533 align:left position:10%,start line:89% size:80% JUDY WOODRUFF: I'm sorry. 06:50.533 --> 06:52.533 align:left position:20%,start line:89% size:70% Thank you very much. 06:52.533 --> 06:56.366 align:left position:10%,start line:77% size:80% And a reminder: We will have full live coverage of the Senate Judiciary Committee hearing 06:56.366 --> 07:00.166 align:left position:10%,start line:83% size:80% with Brett Kavanaugh and Christine Blasey Ford tomorrow. 07:00.166 --> 07:01.666 align:left position:10%,start line:89% size:80% That is starting at 10:00 a.m. 07:01.666 --> 07:03.633 align:left position:40%,start line:89% size:50% Eastern. 07:03.633 --> 07:07.166 align:left position:10%,start line:77% size:80% You can check your local PBS station listings for more information, or you can watch us 07:07.166 --> 07:08.400 align:left position:30%,start line:89% size:60% livestreaming. 07:08.400 --> 07:11.833 align:left position:20%,start line:83% size:70% That's online at PBS.org/NewsHour.