Brett Kavanaugh, top left, at a meeting of the Georgetown Preparatory Academy’s Future Supreme Court Justices of America Club, 1983

Football can be harmful to the human mind, recent medical research is discovering.

Every time a lineman makes a tackle, as one veteran NFL player told a friend of mine, it’s an experience like being hit by a truck moving at 15 mph.

The game can also be mentally harmful to those who only sit and watch it on TV, according to my wife, a football widow, but that is the subject for another essay about human behavior.

Judge Kavanaugh listed football as his favorite activity in his formative years at prep school, next to his studies, community activities and going to church on Sundays.

I am not blaming football and all its hits to the head and other bumps and bruises of the game for what may appear to be cognitive problems, such as memory lapses, in connection with the whodunit mystery regarding the allegations that passionate ex-football player Judge Kavanaugh may or may not have been the assailant of Dr. Ford, both of whom claim100% memory certitude of the alleged event 36 years ago.

It could have been, the judge’s defenders argue, a case of mistaken identity: a winner of a Brett Kavanaugh look-a-like-contest?

Some say the memory lapses may have been caused by an extra- curricular fondness for an occasional beer in his teen-age years, as he admitted in his precedent breaking Fox News interview (Sept. 24, 2018). It also could have been a six-pack or three of Schlitz, without which the popular sport at Georgetown Prep “100 Kegs–or Bust,” mentioned in the Judge’s official calendar/diary record, submitted in his defense, was essential.

Football teammates remember young Brett proudly holding aloft an empty keg in a 1983 social gathering. Three football team members who hosted parties, according to the “failing” New York Times, accounted for 14 of the 38 kegs the class of 1983 had finished at one point.

The slurred speech, staggering around the Yale Campus in later years may not have been caused by the weight of his studies. Fighting his way through the watering holes of New Haven, ending mock trial hypotheticals by throwing glasses of ice cubes at disputants are among the recollections of classmates about the Rover Boy at Yale’s academic career, now falling down on the case like acid rain.

It is easy to blame alcohol for the SCOTUS candidate’s memory lapses or problems of veracity as he puked his way around campus, too drunk to remember this or that.

In the president’s case, a man who doesn’t touch the Devil’s Brew, it’s the hair spray that may have affected his mind. He has used enough of those aerosol cans to have caused the hole in the Ozone Layer, even though global warming is a hoax.

Was the ex-footballer, a jock who was continually in training to become Saturday’s Hero in high school, now inches away from the goal line, scoring the Big TD in the Supreme Court Bowl, only to be tackled by a mere memory lapse or falsehood or two?

I suggest that fair-minded spectators can give a guy with a drinking, anger management, and women problems a break, but memory lapses and veracity issues may be too much in picking a judge for the highest court in the land.

I’m not a lawyer; only write like one in these transmissions as a friend of the court. But a memory is just as important to a judge as fingers are too a writer, needed for typing.

If he doesn’t remember staggering around the campus at Yale, and getting into fights in New Haven bars, what else might be forgotten in the practice of being an associate justice in the Supreme Court?

For example, recusing himself in cases involving the pardoning of a president who has found him eminently “qualified” (quote marks included for irony), who is such a judge of character, seven of his closest advisers already have been indicted or found guilty of lying to the FBI, and whose rap sheet includes 14 allegations of sexual misconduct.

As a friend of the court, I would suggest the use of waterboarding as a memory loss corrective. It is just another information-gathering device, as he argued while a member of the Bush war cabinet legal team in the 1990’s. No worse than taking a shower with one’s mouth open, according to Vice President Cheney.

Is Brett Kavanaugh, whose mom is a judge, guilty of nothing more than one stupid drunken thing as a teen ager, or was he a serial committer so blitzed out in college he lost count? Is this a pattern of a character defect of telling less than the truth?

If Judge Kavanaugh is guilty of what also been called “lying” under oath in the Dr. Ford case or any of the other current allegations of sexual misconduct, should he ought to have been sitting as a judge in the United States Court of Appeals to the District of Columbia Circuit, let alone on the one yard line of becoming an associate justice of the Supreme Court?

The nation waits with bated breath for the FBI to conclude its investigation. Is there anything on the market, some kind of mint or mouthwash for bated breath?

Meanwhile, what kind of message is the Bart O’Kavanaugh Story sending to the youth of America? Once you start not telling the truth in high school, who knows where it can lead? Why, you might even grow up to be president!



Marvin Kitman,
Oct. 3, 2018

Marvin Kitman is the author of “The Making of the Preƒident 1789.” “George Washington’s Expense Account” by Gen. George Washington and Marvin Kitman PFC (Ret.) was the best-selling expense account in publishing history.