A woman who knew United States Supreme Court nominee Brett Kavanaugh in high school is alleging he sexually assaulted her. The allegation is leading some senators on the Senate Judiciary Committee to call for a delay in his hearing to hear from the woman and Kavanaugh. Local attorney Dan Barr from Perkins Coie discusses the situation.
TED: GOOD EVENING AND WELCOME TO "ARIZONA HORIZON." I'M TED SIMONS. THE CONFIRMATION PROCESS FOR U.S. SUPREME COURT NOMINEE BRETT KAVANAUGH WILL REPORTEDLY BE DELAYED FOR AT LEAST A FEW DAYS. A WOMAN HAS ACCUSED KAVANAUGH OF SEXUAL MISCONDUCT, AND LATE TODAY THE "NEW YORK TIMES" REPORTED THAT THE SENATE JUDICIARY COMMITTEE WILL CALL KAVANAUGH AND HIS ACCUSER TO TESTIFY MONDAY AT A PUBLIC HEARING. DEMOCRATS HAVE BEEN CALLING FOR DELAY, WITH REPUBLICANS ACCUSING DEMOCRATS OF STALLING TACTICS. AS FOR THE WHITE HOUSE, PRESIDENT TRUMP STANDING BEHIND KAVANAUGH.
VIDEO: HE'S AN OUTSTANDING INTELLECT, OUTSTANDING JUDGE, RESPECTED BY EVERYBODY. NEVER HAD EVEN A LITTLE BLEMISH ON HIS RECORD. I WANT HIM TO GO IN AT THE ABSOLUTE HIGHEST LEVEL, AND I THINK TO DO THAT, YOU HAVE TO GO THROUGH THIS. IF IT TAKES A LITTLE DELAY, IT WILL TAKE A LITTLE DELAY.
TED: JOINING US NOW TO DISCUSS THE KAVANAUGH NOMINATION AND WHAT’S NEXT FOR THE SENATE CONFIRMATION HEARING IS ATTORNEY DAN BARR, A PARTNER WITH PERKINS-COIE. THANKS FOR JOINING US. GOOD TO HAVE YOU HERE.
BARR: THANKS FOR HAVING ME.
TED: HOW SERIOUS ARE THESE ALLEGATIONS AGAINST BRETT KAVANAUGH?
BARR: WELL, THEY ARE PRETTY SERIOUS. IT'S ALLEGATIONS OF SEXUAL ASSAULT. IT DOESN’T MATTER HOW LONG AGO IT WAS, I MEAN, SEXUAL ASSAULT IS A VERY SERIOUS ALLEGATION.
TED: AT A HIGH SCHOOL PARTY BACK IN THE 1980S. SOME ARE SAYING IT'S TOO LONG AGO, MEMORIES AREN'T SHARP ENOUGH. WE DON'T REALLY KNOW WHAT HAPPENED. THEY DON'T REALLY KNOW WHAT HAPPENED. ARE YOU BUYING THAT?
BARR: THAT'S WHY WE'RE GOING TO HEAR FROM THE PEOPLE INVOLVED, AND I WOULD HOPE BETWEEN NOW AND THEN TOO INVESTIGATORS WITH THE SENATE COMMITTEE CAN FIND SOME OF BARR: THE OTHER PEOPLE WHO ATTENDED THE PARTY, FIND OUT MORE OF THE FACTS. WE DON'T HAVE TO JUST RELY ON LOOKING AT KAVANAUGH AND THIS WOMAN WHEN THEY’RE TESTIFYING-LOOK IN THEIR EYES AND DETERMINE WHO IS TELLING THE TRUTH. THERE ARE OBJECTIVE FACTS WE CAN FIND OUT FROM OTHER PEOPLE WHO WERE THERE AND FIND OUT OTHER CIRCUMSTANCES. FOR INSTANCE, WHY WAS THE WOMAN WEARING A BATHING SUIT? WAS IT A SWIMMING PARTY? WERE OTHER THINGS GOING ON AT THE TIME? AND HOPEFULLY THAT WILL ALL GET FLUSHED OUT.
TED: KAVANAUGH SAYS THE ALLEGATIONS ARE, QUOTE, COMPLETELY FALSE.
BARR: WELL, HE HAS SORT OF PAINTED HIMSELF INTO A CORNER. IT IS GOING TO BE DIFFICULT FOR HIM NOW TO SAY HE HAS A DIFFERENT INTERPRETATION OF AN EVENT OR MEMORY OF THE EVENT THAN THIS WOMAN. I THINK ANY OF US WOULD BE CHALLENGED TO REMEMBER SOMETHING THAT HAPPENED 36 YEARS AGO, BUT WHEN YOU SAY IT DEFINITELY DIDN'T HAPPEN, YOU NOW HAVE VERY LITTLE WIGGLE ROOM TO SAY, WELL, OKAY. THERE WAS A MISUNDERSTANDING OR SOMETHING LIKE THAT.
TED: I UNDERSTAND HE WAS AT THE WHITE HOUSE FOR QUITE A FEW HOURS TODAY AS WELL, SO WE’LL FIND OUT MAYBE WHAT WHEN ON THERE.
BARR: AS DEZNY ARNAZ WOULD SAY, HE HAD SOME SPLAINING TO DO.
TED: WHY WASN'T THIS KNOWN UNTIL NOW?
BARR: WELL, THIS WOMAN WROTE A LETTER TO HER CONGRESSWOMAN, AND I THINK IT WAS DATED JULY 30TH. BUT SHE REQUEST ANONYMITY. IT GOT TO DIANNE FEINSTEIN AND AGAIN THE WOMAN REQUESTED ANONYMITY. SHE DIDN'T COME OUT UNTIL -- THE -- THE LETTER CAME OUT LATE LAST WEEK WITH THE ARTICLE, IN THE INTERCEPT AND THE NEW YORKER AND NOW REPORTERS WERE OUTSIDE OF HER HOUSE. APPARENTLY YOU READ "THE WASHINGTON POST" STORY, AND "THE WASHINGTON POST" KNEW WHO SHE WAS FOR A COUPLE OF MONTHS, OR SEVERAL MONTHS. SO, I MEAN, YOU WONDER WHETHER -- YOU KNOW WHILE THE SOURCE WANTED TO BE ANONYMOUS, HOW REALISTIC THAT WAS, AND EVENTUALLY HER NAME WOULD GET OUT.
TED: WHITE HOUSE REPORTEDLY- AND THIS IS FOX NEWS REPORTING THAT THE WHITE HOUSE VETTED KAVANAUGH SIX TIMES, SIX TIMES, AND THIS NEVER CAME UP. AND THIS HAS BECOME AN OPEN SECRET IN WASHINGTON THE PAST FEW WEEKS.
BARR: YEAH, THE SENATE JUDICIARY COMMITTEE ON FRIDAY PRODUCED THIS LETTER SIGNED BY 65 WOMEN. THAT DIDN'T JUST COME OUT OF THIN AIR. THEY OBVIOUSLY KNEW THIS WAS COMING.
TED: IMPACT -- I DON'T THINK -- THERE ARE NO REPUBLICAN WOMEN ON THE JUDICIARY COMMITTEE. HOW -- TALK ABOUT THE BALANCE THAT'S GOING TO HAVE TO BE PLAYED HERE WITH A PERSON WHO IS ACCUSING SOMEONE ELSE OF SEXUAL ASSAULT, AND A VICTIM, AN ALLEGED VICTIM OF SEXUAL ASSAULT. THE QUESTION IS HOW ARE THEY GOING TO HANDLE IT? WE SAW HOW THEY HANDELED IT WITH ANITA HILL. ARE WE GOING TO SEE ANOTHER ONE OF THOSE?
BARR: I DON'T THINK SO. YOU LOOK BACK TO THE TIME OF ANITA HILL, AND THE QUESTIONS BEING ARE YOU A WOMAN OF MORAL CHARACTER? ARE YOU CRAZY? ARE YOU A WOMAN SCORNED? ALAN SIMPSON I REMEMBER HIM HOLDING HIS POCKET SAYING IN MY BREAST POCKET I HAVE ALL OF THESE STATEMENTS FROM PEOPLE OVER THE TRANSOM, SAYING WATCH OUT FOR THIS WOMAN. WE HAVE GONE PAST THAT, ESPECIALLY AFTER THE ME TOO MOVEMENT, WHERE PEOPLE NO LONGER QUESTION WOMEN WHO COME OUT AND MAKE ALLEGATIONS ABOUT THINGS THAT HAPPENED YEARS AGO AND QUESTIONING WHY DIDN’T YOU MAKE IT WAY BACK WHEN. WHY DIDN’T YOU COME FORWARD THEN? WE KNOW WHY WOMEN DON'T COME FORWARD IMMEDIATELY AFTER THESE EVENTS OCCUR.
TED: REGARDLESS OF WHAT HAPPENS MONDAY AND WHAT IS HEARD MONDAY, SENATOR ORIN HATCH IS SAYING- THE QUOTE IS- WHO HE IS, WHO BRETT KAVANAUGH IS TODAY, THAT IS THE ISSUE. DOES THAT MAKE SENSE TO YOU AS FAR AS CONFIRMATION PROCCESS? WHO IS THIS MAN TODAY?
BARR: PEOPLE CAN MAKE THEIR OWN DECISIONS, BUT TO ME IT'S NOT SO MUCH WHAT HAPPENED THEN, ALTHOUGH THAT’S IMPORTANT, BUT WHETHER KAVANAUGH IS TELLING THE TRUTH ABOUT IT TODAY, AND SO IF -- YOU KNOW, VARIOUS SENATORS DECIDE THAT THIS WOMAN IS CREDIBLE ABOUT HER ALLEGATIONS, AND KAVANAUGH KEEPS ON SAYING THIS DIDN'T HAPPEN AT ALL, THAT WEIGHS INTO HIS CREDIBILITY TODAY, AND THEY WILL WEIGH THAT STATEMENT ALONG WITH OTHER ISSUES REGARDING HIS CREDIBILITY. FOR INSTANCE, HIS ACTIONS REGARDING JUDGE PRYOR, AND HIS TAKING OF WHITE HOUSE DOCUMENTS AND ALL OF THAT. THAT WILL WEIGH INTO HIS CREDIBILITY TODAY.
TED: LAST QUESTION -- I MEAN, I CAN'T EVEN BELIEVE I'M ASKING THIS -- I WOULD HAVEN'T ASKED THIS LAST WEEK. BUT RIGHT NOW, DO YOU THINK THIS NOMINATION -- IS BRETT KAVANAUGH GOING TO MAKE IT TO THE SUPREME COURT?
BARR: THERE IS A WHOLE LOT LESS CHANCE RIGHT NOW, THAN THERE WAS ON FRIDAY. ONCE THIS WOMAN'S NAME BECAME PUBLIC, AND SHE SAID, OKAY. NOW I'M WILLING TO TESTIFY. WHAT BECAME -- WHAT WAS A SURE THING FOR BRETT KAVANAUGH IS NOW VERY MUCH AT RISK.
TED: ALL RIGHT. DAN BARR GOOD TO HAVE YOU HERE. THANKS FOR JOINING US.
BARR: THANKS FOR HAVING ME.
TED: AND LATER IN TONIGHT'S SHOW, A VISIT WITH THE PHOENIX CHORALE.
Local Attorney, Dan Barr of Perkins Coie
