In Kavanaugh Fight, Democrats Move Goal Posts Far, Far Away
Ask any casual observer what the Brett Kavanaugh Supreme Court confirmation fight is about, and the answer will be the allegation that at a high school party 36 years ago, when Kavanaugh was 17, he drunkenly forced then-15-year-old Christine Ford onto a bed, tried to undress her and, when she tried to scream, covered her mouth with his hand.
That is now old news. In recent days, immediately after Senate Republicans and President Trump agreed to Democratic demands that the FBI investigate the 1982 incident, the Kavanaugh goal posts have moved dramatically. Now, a key issue is Kavanaugh's teenage drinking, and whether he lied to the Senate Judiciary Committee when he was asked about his drinking practices both in high school and at Yale University.
"Lying to Congress is a federal crime," Sen. Bernie Sanders noted in a letter to Judiciary Committee Chairman Charles Grassley. "Kavanaugh's truthfulness with the Senate goes to the very heart of whether he should be confirmed to the court."
The new developments raised two questions. One, did Kavanaugh actually lie to the Senate about his drinking? And two, why are Democrats, now that they have finally won the FBI investigation they wanted into the sexual misconduct allegations against Kavanaugh, suddenly making a bigger deal of his drinking?
On the first, Kavanaugh clearly told the Senate he drank in high school and college. He told the Senate he sometimes drank to excess. But he said he did not black out, nor did he drink so much that he could not remember events that took place while he was drinking.
"I drank beer with my friends," Kavanaugh testified. "Almost everyone did. Sometimes I had too many beers. Sometimes others did. I liked beer. I still like beer. But I did not drink beer to the point of blacking out, and I never sexually assaulted anyone."
That was pretty clear. Kavanaugh repeated it when the Republican-appointed prosecutor, Rachel Mitchell, pressed him on whether he sometimes drank so much that he forgot what he did when he was drinking.
"Have you ever passed out from drinking?"
"I -- passed out would be -- no, but I've gone to sleep, but -- but I've never blacked out," Kavanaugh said. "That's the -- that's the -- the allegation, and that -- that -- that's wrong."
Some Democrats and their allies in the press suggested Kavanaugh lied in his exchanges with Mitchell and the Democratic senators. But how? Kavanaugh was quite open about the fact that he drank in high school and in college, and also about the fact that he sometimes drank too much. He denied having alcohol-related blackouts, but said he had "gone to sleep" after drinking. On another occasion, responding to Sen. Amy Klobuchar, he said "I don't know" when asked if he had ever drunk so much that he didn't remember what happened the night before. It's hard to see where the "federal crime," as Sen. Sanders put it, is in that testimony.
But The Washington Post reported that "many Democrats have called for the FBI to take a broader look at whether Kavanaugh may have misled senators by minimizing his carousing behavior in high school and college." In particular, Democrats want to press the question of whether Kavanaugh ever blacked out from having too much to drink.
Why? The answer is the theory behind the Democratic attacks on Kavanaugh.
The most serious allegation against Kavanaugh is, of course, Christine Ford's. Kavanaugh has strongly and unequivocally denied it. The problem for Democrats is that there is no contemporaneous evidence to support Ford's claim. By her own account, Ford told no one of what happened at the time. She told no one in the next few years. No one in the next few decades. No one for 30 years, until, in 2012, when Ford says she told her therapist what had happened to her long ago.
The people Ford claims were at the home where she says Kavanaugh attacked her, including one close friend of Ford's, have said they have no memories that support her account.
So the Ford case is quite hard to make. And that is where, for Democrats, Kavanaugh's supposed blackouts come in. With no contemporaneous evidence that the Ford attack happened, Democrats are trying to make the case that it could have happened. What if Kavanaugh got drunk, attacked Ford and later didn't remember that he did it?
That is the theory behind some Democratic senators' questioning of Kavanaugh last week. The idea was to get Kavanaugh to admit alcohol-induced memory loss and thus undermine his firm contention that he did not do what Ford alleged. How could he really know? He himself admitted that he sometimes drank so much he couldn't remember what happened the night before. He could have attacked Christine Ford in an alcoholic blackout and never remember that he did it.
The problem, of course, is that is all anti-Kavanaugh theorizing. There's no evidence to support it, just as there is no evidence beyond Christine Ford's word to support the original attack allegation. But it's what Democrats have to work with right now, and it's why they are trying to change the subject from sexual misconduct to Kavanaugh's teenage drinking.
Byron York is chief political correspondent for The Washington Examiner.
Read more here:
In Kavanaugh Fight, Democrats Move Goal Posts Far, Far Away
- Tax cuts are the hot new idea for Democrats - NBC News - April 7th, 2026 [April 7th, 2026]
- Why California Democrats are sweating the race to replace Newsom - CNN - April 7th, 2026 [April 7th, 2026]
- Arab Americans in Michigan warn centrist Democrats attacking Hasan Piker: They havent learned from 2024 - theguardian.com - April 7th, 2026 [April 7th, 2026]
- Democrats are giddy about flipping this GOP House seat. But its harder than it looks - CalMatters - April 7th, 2026 [April 7th, 2026]
- House Democrats demand end to cruel US energy blockade after visit to Cuba - theguardian.com - April 7th, 2026 [April 7th, 2026]
- Democrats Cast the Shutdown Fight as a Win. But What Did They Actually Get? - Time Magazine - April 7th, 2026 [April 7th, 2026]
- Two Democrats file to challenge Bill G. Schuette in 95th House District race - Midland Daily News - April 7th, 2026 [April 7th, 2026]
- Democrats face an identity crisis over taxes: From the Politics Desk - NBC News - April 7th, 2026 [April 7th, 2026]
- Opinion | Enough With the Nepo Candidates, Democrats - The New York Times - April 7th, 2026 [April 7th, 2026]
- Idaho's 2026 legislative session ended and Democrats are unhappy with significant budget cuts - KTVB - April 7th, 2026 [April 7th, 2026]
- Democrats Already Have an Affordability Agenda In the Midterms - foreignpolicy.com - April 7th, 2026 [April 7th, 2026]
- Maryland Democrats hope to cut red tape and attract more businesses - wamu.org - April 7th, 2026 [April 7th, 2026]
- Opinion | For Democrats, the Era of the Girl Dad and Male Ally Is Over - The New York Times - April 7th, 2026 [April 7th, 2026]
- Democrats, Republicans Clash Over Iran War in Week 6 - The New York Times - April 7th, 2026 [April 7th, 2026]
- Two Democrats running for Ohio AG's race in the May primary - The Columbus Dispatch - April 7th, 2026 [April 7th, 2026]
- How Democrats Can Avoid Disaster in the California Governors Race - New York Magazine - April 7th, 2026 [April 7th, 2026]
- 84% of Democrats and 55% of Independents Support Impeaching Trump a Third Time - Common Dreams - April 7th, 2026 [April 7th, 2026]
- Beth Fukumoto: Democrats Need A Clear Vision. And To Stick To It - Honolulu Civil Beat - April 7th, 2026 [April 7th, 2026]
- Democrats Chances of Losing to Steve Hilton in California Governor Race - Newsweek - April 7th, 2026 [April 7th, 2026]
- How Gov. Jared Polis thinks Democrats should handle high energy prices - Politico - April 7th, 2026 [April 7th, 2026]
- One of the Democrats Generational Battles: Hes 76, His Opponent Is 31 - The New York Times - April 7th, 2026 [April 7th, 2026]
- Panel debate whether Republicans or Democrats are winning at home | CUOMO - NewsNation - April 7th, 2026 [April 7th, 2026]
- Opinion | Democrats need to talk about the word genocide - MS NOW - April 5th, 2026 [April 5th, 2026]
- Who Democrats selected to replace former NC Sen. Graig Meyer in General Assembly - Raleigh News & Observer - April 5th, 2026 [April 5th, 2026]
- Democrats pay visit to ICE detention facility where abuse claims are rife - The Guardian - April 5th, 2026 [April 5th, 2026]
- Trump plan to shift student loan oversight to Treasury draws Senate Democrats' backlash - Government Executive - April 5th, 2026 [April 5th, 2026]
- New poll comes with alarm bells for Democrats ahead of Virginia redistricting vote - politico.com - April 5th, 2026 [April 5th, 2026]
- Meet the woman who wants Democrats to get hot, not bothered - USA Today - April 5th, 2026 [April 5th, 2026]
- Democrats must step up to fix public education in NC | Opinion - Wilmington Star-News - April 5th, 2026 [April 5th, 2026]
- Local Democrats lean into claims Husted is out of touch with real world - Toledo Blade - April 5th, 2026 [April 5th, 2026]
- Kentucky Gov. Andy Beshear set to headline Colorado Democrats annual fundraising dinner - Denver Gazette - April 5th, 2026 [April 5th, 2026]
- Opinion | Democrats vs. the Freedom Foundation - wsj.com - April 5th, 2026 [April 5th, 2026]
- In rural Virginia, excitement and dread grows over Democrats redistricting referendum - MyNorthwest.com - April 5th, 2026 [April 5th, 2026]
- Democrats are so far the only major party with a ballot-qualified candidate in the U.S. Senate general election in New Mexico - Ballotpedia News - April 5th, 2026 [April 5th, 2026]
- Contributor: What can Democrats stand for when there's no Trump to stand against? - Los Angeles Times - April 5th, 2026 [April 5th, 2026]
- Tom Homan: Democrats don't want to reform ICE they want to handcuff it - Fox News - April 5th, 2026 [April 5th, 2026]
- Maine Democrats flip their votes to put far-reaching data privacy bill in doubt - WGME - April 5th, 2026 [April 5th, 2026]
- New Hampshire Democrats prepare to make case for first-in-the-nation primary status - WMUR - April 5th, 2026 [April 5th, 2026]
- For many Democrats, Bondis and Noems firings were a key step but not the last - MS NOW - April 5th, 2026 [April 5th, 2026]
- North Carolinas Electoral Future May Hinge on Rural Black Voters Who Feel Ignored by Democrats - Chapelboro.com - April 5th, 2026 [April 5th, 2026]
- Ohio is too expensive. Ohio House Democrats plan to introduce series of affordability bills - Ohio Capital Journal - April 3rd, 2026 [April 3rd, 2026]
- GOP infighting, Democrats' unmet demands and a CLEAR windfall: Who's winning and losing the DHS shutdown - Fox News - April 3rd, 2026 [April 3rd, 2026]
- Schumer had a plan to win back the Senate, but some Democrats aren't on board - PBS - April 3rd, 2026 [April 3rd, 2026]
- Some Oregon Democrats get an unlikely primary foe: Their partys top boosters - Oregon Public Broadcasting - OPB - April 3rd, 2026 [April 3rd, 2026]
- Democrats are starting to like congressional Democrats again - YouGov - April 3rd, 2026 [April 3rd, 2026]
- Texas Democrats are pooling resources, holding joint rallies in latest effort to win the November midterms - CBS News - April 3rd, 2026 [April 3rd, 2026]
- Anti-regulation Democrats? Top takeaways from the governors race forum in Fresno - latimes.com - April 3rd, 2026 [April 3rd, 2026]
- Democrats Probe Into Noem, Lewandowski, Hones in on Pro-Trump Donors Contracts - NOTUS News of the United States - April 3rd, 2026 [April 3rd, 2026]
- Thursdays Campaign Round-Up, 4.2.26: Democrats sue to block Trumps order on mail ballots - MS NOW - April 3rd, 2026 [April 3rd, 2026]
- Democrats be warned: Trump knows your weak spots - miningjournal.net - April 3rd, 2026 [April 3rd, 2026]
- Democrats Start to Hammer Vulnerable Republicans Over War in Iran in Ads - The New York Times - April 3rd, 2026 [April 3rd, 2026]
- Q&A: The Strategy Behind Democrats Recent Mayoral Wins - campaignsandelections.com - April 3rd, 2026 [April 3rd, 2026]
- Democrats flipped another GOP seat but not for the reason youd think - MS NOW - April 3rd, 2026 [April 3rd, 2026]
- No Kings in America, Real Resistance in Rome - How Liberal Democrats and AIPAC Allies Hijacked the Movement While Italy Actually Fights Empire and... - April 3rd, 2026 [April 3rd, 2026]
- The Republican Fundraising Advantage Keeping Democrats Up at Night - NOTUS News of the United States - April 3rd, 2026 [April 3rd, 2026]
- Whatever happened to North Carolina Democrats? - springhopeenterprise.com - April 3rd, 2026 [April 3rd, 2026]
- Democrats dont like Donald Trump or other Dems, polling shows: Bottom has fallen out - PennLive.com - April 3rd, 2026 [April 3rd, 2026]
- Election 2026: Six Democrats on May ballot vying to face Rep. Turner in November - Dayton Daily News - April 3rd, 2026 [April 3rd, 2026]
- Not just the base: Democrats in recent elections are flipping independent and Republican votes - CNN - April 1st, 2026 [April 1st, 2026]
- Democrats and voting rights advocates vow to fight Trumps latest order: massive and unconstitutional suppression effort as it happened - The Guardian - April 1st, 2026 [April 1st, 2026]
- Kornacki analyzes what it will take for Democrats to win back the Senate - NBC News - April 1st, 2026 [April 1st, 2026]
- Why Democrats still face an uphill climb to win the Senate: From the Politics Desk - NBC News - April 1st, 2026 [April 1st, 2026]
- Senate Democrats are Breaking All the Wrong Records - House Committee on Appropriations (.gov) - April 1st, 2026 [April 1st, 2026]
- Political stunt: Democrats scold DeSantis over $5.5M cost to rename Palm Beach airport after Trump - WLRN - April 1st, 2026 [April 1st, 2026]
- President Trump Acts Where Democrats Refused Bringing Relief to TSA Workers and Travelers - The White House (.gov) - April 1st, 2026 [April 1st, 2026]
- Trumps overtime tax break is a hit. Democrats arent sure what to do about it. - Politico - April 1st, 2026 [April 1st, 2026]
- Democrats think taxing the rich will create affordability | Letter - Milwaukee Journal Sentinel - April 1st, 2026 [April 1st, 2026]
- Cory Booker says Democrats have failed this moment and calls for new leaders - The Guardian - April 1st, 2026 [April 1st, 2026]
- Andy Beshear Thinks Democrats Should Start Talking Like People - Politico - April 1st, 2026 [April 1st, 2026]
- Why Democrats Are Accusing the FBI of Trying to Smear Rep. Eric Swalwell - Time Magazine - April 1st, 2026 [April 1st, 2026]
- CT Democrats push forward spending increase for $28.8B state budget that boosts education, services and more - Hartford Courant - April 1st, 2026 [April 1st, 2026]
- Schumer had a plan to win back the Senate. But some Democrats arent on board - Los Angeles Times - April 1st, 2026 [April 1st, 2026]
- Democrats look to win Southern Az legislative races in bid to flip statehouse - Tucson Sentinel - April 1st, 2026 [April 1st, 2026]
- Democrats take a page from the GOP playbook with new partisan voter registration program - azmirror.com - April 1st, 2026 [April 1st, 2026]
- Democrats flipped another GOP seat. The reason isnt what you think. - Yahoo - April 1st, 2026 [April 1st, 2026]
- Democrats win another special election, the 30th red-to-blue flip of Trumps second term - Yahoo - April 1st, 2026 [April 1st, 2026]
- The Trump-voting pastor Democrats think could cost them a chance at a Nebraska Senate seat - CNN - April 1st, 2026 [April 1st, 2026]
- Democrats are trying to connect the dots on Trumps 2026 plan - CNN - April 1st, 2026 [April 1st, 2026]
- Four Democrats face off for open Metro Council seat. Who are they? - The Courier-Journal - April 1st, 2026 [April 1st, 2026]
- NY Democrats to blow state budget deadline again with little progress on talks: At the beginning of the middle - New York Post - April 1st, 2026 [April 1st, 2026]