One of the darkest chapters in the history of the United States Senate came during the McCarthy era of the early 1950s. Tail Gunner Joe used fear, intimidation and accusations to attack and damage the reputation of many Americans.
Anyone reading Jon Meacham's current best-seller The Soul of America will find a good summary of Joe McCarthy's methods, tactics and strategy for smearing his fellow citizens.
To her credit and because of her courage, the first woman to serve in both houses of Congress, Margaret Chase Smith, took to the floor of the Senate and denounced Joe McCarthy. In no time at all, her "Declaration of Conscience" eclipsed Joe McCarthy's "Wheeling Speech."
To quote Sen. Smith, way back then: "I speak as a Republican. I speak as a woman. I speak as a United States Senator. I speak as an American . . . .
"I think that it is high time that we remembered that we have sworn to uphold and defend the Constitution. I think that it is high time that we remembered the Constitution, as amended, speaks not only of the freedom of speech but also of trial by jury instead of trial by accusation . . . ."
The phrase "trial by accusation" resonates loud and clear today, given the nomination of Brett Kavanaugh for the U.S. Supreme Court. Like the McCarthy hearings, the Kavanaugh hearings are not taking place in a court of law, but in the U.S. Senate.
This week, Judge Kavanaugh, too, confronts a trial by accusation. Like many of those Sen. McCarthy accused, he, too, has led an exemplary public adult life. For more than 30 years his public responsibilities have been such that he's been nominated for the highest court in the land.
In both the McCarthy and the Kavanaugh cases, it looks as if politics has taken center stage. No matter who turns out to be right or wrong in the estimation of the American people--that will shake out over the years--one thing is certain: It seems like it's been more than half a century since the U.S. Senate and some of its senators have stooped this low. And nobody should be treated with more contempt by the history books than Dianne Feinstein, the top Democrat on the Senate Judiciary Committee.
She apparently received the letter that set off these fireworks earlier in the summer. But she sat through interviews with Brett Kavanaugh without mentioning the accusations, then asked him questions in a couple of public hearings in front of the cameras--all without showing the ace up her sleeve.
Politics ain't beanbag, but it shouldn't be this, either. She knew how to play the game, and upended the process, and the Senate, in the last minute by revealing the still-to-be-corroborated allegations. Why? Because to reveal the accusations any earlier might have meant that this president would have had time to find another nominee before the mid-terms. If there are any people who feel the nomination vote of Brett Kavanaugh might be rushed this week, why not blame the senior senator from California? And put the blame where it belongs.
As her opponent in the coming election--a fellow Democrat in good standing--put it, she could have kept the accuser's name out of the papers as well. But then, that wouldn't have caused the maximum amount of damage to the nominee, the president, the Senate and to civility itself. When you're throwing bombs, you don't want them to go off too soon.
The phrase "you reap what you sow" comes to mind. The result could be that, more than anyone, the reputations of some U.S. senators will suffer most. For one senator, it couldn't happen to a more deserving person.
Editorial on 09/26/2018