Watching last Thursday’s Judge Brett Kavanaugh confirmation hearing was dispiriting, both as a citizen and as a teacher (and continual student) of the art of advocacy and persuasion. We saw the obvious trauma suffered by professor Christine Blasey Ford; the inability of many senators to accept that sexual assault victims may delay disclosure but be truthful and accurate; and the posturing of senators on both sides who were focused on making speeches in their allotted five minutes.
But the hearing also showed a missed opportunity by Democrats to use the tools of trial advocacy to make points and influence those truly in need of convincing—the few senators whose votes were in play (and, to some extent, the many Americans still on the fence). Because, unless the Democrats were surrendering in the battle (the challenge to the Kavanaugh nomination) and looking to win a broader war of public opinion, they failed.
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