The fight over Judge Brett Kavanaugh’s nomination to the US Supreme Court has reached a fever pitch. Given the unfounded but serious accusations against him, it might be a good time to revisit some tried and true principles. A short time ago I wrote about real answers to fake news from Greek historians, using evocative quotes from historians like Thucydides, Xenophon, and Polybius. I mostly described general principles, but given the fervor over this issue, applying those principles to this case becomes a good study.
In describing how rancorous things were during the conflict between Athens and Sparta, Thucydides wrote: “Civil war ran through the cities…and they reversed the usual way of using words to evaluate activities. Ill-considered boldness was counted as loyal manliness; prudent hesitation was held to be cowardice in disguise, and moderation merely the cloak of an unmanly nature. A mind that could grasp the good of the whole was considered wholly lazy.”
At the time I wrote how you could also look at the counterpuncher in President Trump, the incivility of Twitter, those for whom “cuck” is their favorite and frequent insult, and bomb throwers who sling “warmonger,” “racist,” and “sexist” with reckless abandon. The Democratic senators have leaned into the ridiculous, rage-fueled behavior with sickening glee. Democratic Senator Corey Booker said a vote for Kavanaugh makes you “complicit in evil.” Governor Terry McAuliffe said “the nomination of Judge Brett Kavanaugh will threaten the lives of millions of Americans for decades to come.” Nancy Pelosi argued that Kavanaugh would “radically reverse the course of American justice and tyranny.” And multiple senators, including ones with presidential ambitions like Kristen Gillibrand, called his nomination a step towards tyranny.
All of this was before the incredibly dubious allegations of sexual assault surfaced against the judge. Again, the Greeks have answers for this. Xenophon described how the besieged Greek army received terrible information from an informant; they were “greatly agitated and alarmed. But a young man…after reflecting a little on the matter, observed” that the news did not make sense and was likely false. A cursory review of the multiplying claims against Kavanaugh suggests they are incredibly weak. The first accuser could not name the exact time and place, and first recalled the supposed attack 30 years after the event, using rather dubious recovered memories. Even those that watch “Law and Order SVU” could see the holes in this story. Plus, the handful of figures mentioned by the accuser denies that Kavanaugh was even there. The new accuser has even more holes in her story. She also recalled the event through a fog of alcohol but her memories were incredibly unclear, until she talked to a (Democratic) lawyer and magically recovered a hazy recollection of abuse that nobody else can verify. Much like Xenophon suggested, instead of being greatly agitated and alarmed, a little bit of honest and critical reflection could see right through the weak allegations. As usual, Judge Judy was a voice of reason when she said that both sides should listen to the evidence available, which clearly favors Kavanaugh against unsubstantiated rumors that happen to favor the party most promoting them as truth.
Basic points like this are often lost in what Polybius said was some people’s desire to “thrill…delight…and beguile” readers instead of giving them the truth that benefits the listener. Control of the Supreme Court is very important to Democrats, and was often cited as the most important reason for Conservatives to vote for President Trump. Combined with the potency of the #MeToo movement and modern feminism, this creates a powerful incentive and ideological blind spot to believe these accusations and make them more than they are. Many people might be “greatly agitated and alarmed” at the accusations against Kavanaugh. Many others will run to CNN to show their “ill-considered boldness” that corresponds to their politics. But a careful application of time-tested principles, elucidated by classic historians carefully and judiciously considering the strength of rumors, would remove much of the outrage and commotion over this event.
