Ep. 629 - The Kavanaugh Comeback

Episode Summary

Executive Summary: The episode centers on Brett Kavanaugh’s forceful Senate Judiciary testimony and the broader Republican push to confirm him despite sexual misconduct allegations from Christine Blasey Ford and others. Shapiro argues Democrats withheld allegations for political gain, the process abandoned due process, and media coverage became openly partisan. He frames Kavanaugh’s response and Lindsey Graham’s speech as decisive turning points.

Main Topics: Kavanaugh’s testimony and defense (Priority: 5/5): Kavanaugh denounced the hearings as a "national disgrace," rejected the allegations, and argued his family and reputation were permanently damaged by unsupported claims. Republican strategy and Senate vote dynamics (Priority: 4/5): The show tracks likely confirmation paths, noting Jeff Flake’s support and possible crossover votes from senators like Manchin, Donnelly, Collins, and Murkowski. Democrats, delay, and due process (Priority: 5/5): Shapiro argues Democrats were using the allegation to stall the nomination until after the election, leveraging an FBI probe request as a delaying tactic rather than a truth-seeking measure. Media bias and public spectacle (Priority: 4/5): He criticizes CNN, Politico, NBC, and other outlets for framing the hearings as partisan drama and treating Kavanaugh’s anger as proof of guilt. Corroboration, memory, and credibility (Priority: 5/5): A major segment explains why Shapiro believes corroborative evidence is essential, citing research on memory distortion and eyewitness unreliability. Lindsey Graham’s breakout defense (Priority: 4/5): Graham’s fiery speech is presented as a defining moment that defended Kavanaugh and condemned Democratic tactics as an unethical sham. Mailbag and broader cultural alarm (Priority: 3/5): In listener questions, Shapiro discusses polarization, civil unrest risk, and what he sees as escalating attacks on due process and conservative rights.

Key Arguments: Kavanaugh’s anger was justified because he was responding to uncorroborated accusations that threatened his life, family, and confirmation. Democrats were not seeking justice but delay, hoping to run out the clock until after the Senate election. The Senate can investigate allegations itself; an FBI probe is not inherently necessary and is being used strategically. Memory after 36 years is unreliable, so corroborative evidence is required before destroying a nominee’s career. The media and Democratic senators treated emotional response as evidence of guilt while ignoring the lack of supporting witnesses. Lindsey Graham’s speech was effective because it rejected the hearing as mob justice and framed it as a political ambush. The broader issue is not one accusation alone, but a precedent where mere allegations can ruin anyone without due process.

Data Points: Time since alleged assault: 36 years - Shapiro emphasizes the age of the Ford allegation and the unreliability of memory over such a long period. Delay before Ford allegation surfaced publicly: About 6 weeks - He says Dianne Feinstein sat on Ford’s letter before it became public. Senate Judiciary Committee seats in audience: About 35 - Used to argue Alyssa Milano’s presence was a publicity stunt. Life insurance quote time: 2 minutes - PolicyGenius sponsor pitch. Americans without life insurance: 40% - PolicyGenius sponsor pitch. Users served by PolicyGenius: Over 4 million - PolicyGenius sponsor pitch. Emergency food kit price: $75 - My Patriot Supply sponsor pitch for a 92-serving kit. Food kit servings: 92 servings - My Patriot Supply sponsor pitch. Food storage lifespan: Up to 25 years - My Patriot Supply sponsor pitch. Self-defense text line: 87222 - USCCA sponsor pitch. Daily Wire subscription price: $9.99/month - Promotion for member content and live shows. Kavanaugh hearing delay: 10-day delay - Shapiro says the delay harmed Kavanaugh, his family, the Court, and the country. Potential Senate election timeline cited: Beyond the election; into 2021 - Shapiro argues Democrats wanted to stall confirmation until political conditions improved. Children mentioned in testimony: Liza, age 10 - Kavanaugh described his daughter praying for Ford.

Pivotal Quotes: "you have replaced advice and consent with search and destroy" — Brett Kavanaugh: Kavanaugh’s testimony denouncing the committee’s handling of the nomination. "This is the most unethical sham since I've been in politics" — Lindsey Graham: Graham’s explosive defense of Kavanaugh before the Judiciary Committee. "we should pray for the woman" — Brett Kavanaugh (quoting his 10-year-old daughter): Used to show decency and emotional resonance amid the hearing.

Implications: Shapiro argues the hearings marked a dangerous collapse of due process and a normalization of allegation-driven politics, intensifying polarization and setting a precedent that could be used against anyone.