Trying cases was a mixture of fun and terror. Fun – when I was examining witnesses and terror when clients or my own witnesses would forget everything I told them. Occasionally witnesses would act like they were channeling Jack Nicholson’s character in a Few Good Men. Arrogant, condescending and rude with bursts of stupidity. There is an art to asking questions and there is an art to answering them. On Tuesday we saw a masterclass on the good and the bad of witness examination, on both sides.
On Tuesday, Trump’s SecDef nominee Pete Hegseth was called to committee. For a solid month, Hegseth has been raked over the coals by talking heads and politicians using mostly anonymous sources and cherrypicked quotes, rarely attacking policy positions rather attacking the Hegseth as a man. Some people supporting his nomination were worried about his chances of confirmation. Hegseth put a those fears to rest.
Beginning with his entrance with multiples of combat vets filling the seats behind him, Hegseth made his opening statement and waited for the attacks. He was well armed. Each Democrat beclowned themselves with absurd questions and shrill speeches, distorting Hegseth’s position on women in the military to guttersniping about his personal life. Most of it was shameful caterwauling in an effort to bring Hegseth down to their level of misery. Time after time, Hegseth resisted the urge to dismount from his rampart and fight on their level. Instead, he picked off each democrat Senator like a sniper – with calm and resolute responses.
One of my favorites moments was the short exchange with Liz Warren. Warren is infamous for getting a position at Harvard Law by falsely claiming she was an Indian. Warren thought that she had painted Hegseth into a corner with this:
Warren: But the question I have for you on this is: Will you put your money where your mouth is and agree that when you leave this job, you will not work for the defense industry for 10 years?
Hegseth: Senator, it’s not even a question I’ve thought about. Because it’s not one that–
Warren: Think about it right now.
Hegseth: It’s not one… my motivation for this job–
Warren: I understand that, I just need a yes or no here. Time is short. I just need a yes or no.
Hegseth: I would consult with the president about what the policy is.
Warren: In other words, you’re quite sure that every general who serves should not go directly into the defense industry for 10 years, but you’re not willing to make that same pledge?
Hegseth half-smile changed just slightly. Being practiced in front a national audience, he waited a heartbeat and said
“I’m not a general, Senator”
The audience laughed. Warren’s scalp was on Hegseth’s belt, and she knew it.
Mazie Hirono is one the dumbest people in Washington DC. She is, far and away, the dumbest Senator, maybe in history. Her questions were mostly “when did you stop beating your wife” ad hominins, with some “questions” that made no sense. Yet, Hegseth remained calm and answered (as best he could) the most absurd questions and avoided head shakes or snarky responses.
Tim Kaine delivered more ad hominin attacks, diving into more personal attacks about drinking and infidelity. Kaine looked like an red-nose alcoholic, complete with burst capillaries in his nose. His hair looked like it had been combed with a blender and that he spent the night on a park bench. Kaine mentioned that Hegseth had fathered a child between marriages. Without a bit of shame or self-awareness Kaine kept poking around about infidelity and drinking. As a reminder, Kaine was the VeeP pick of Hillary Clinton. Her infamous husband raw-dogged anything with a vagina and lied about it. President Bill Clinton once stuffed a cigar into the vagina of Monica Lewinsky. The hubris of Kaine seemed to have no bounds. Hegseth was finally allowed to answer. Kaine had never used the name of Hegseth’s daughter. Hegseth responded:
“Senator, my child’s name is Gwendolyn Hope Hegseth, and she’s a child of God, She’s 7 years old, and I am glad she’s here.”
Kaine, looking like a drunk on his twelfth martini was stunned. And, Kaine bringing up infidelity as a “disqualifier” is pretty rich. Senator Markwayne Mullins pointed out that Senators often come into the Senate chamber, drunk. There was no response from the Dems because they know it is true.
Mullins capper was a perfect way to shut up Kaine and the rest of the harpies. Truth, it seems, hurts.
Hegseth demonstrated how a witness should handle questioning. He remained calm even when the vilest things were said to him, and at him. Hegseth didn’t just help secure his own nomination he laid a roadmap of how to handle assholes.
Every subsequent nominee should follow his lead.