Jane Mayer writes:

During the autos-da-fé that now pass for Supreme Court confirmation hearings in the U.S. Senate, it’s common for supporters of a nominee to dismiss attacks from the opposing party as mere partisanship. But, during the recent hearings for Ketanji Brown Jackson, Andrew C. McCarthy—a Republican former federal prosecutor and a prominent legal commentator at National Review—took the unusual step of denouncing an attack from his own side. When Republican senators, including Josh Hawley and Marsha Blackburn, began accusing Jackson of having been a dangerously lenient judge toward sex offenders, McCarthy wrote a column calling the charge “meritless to the point of demagoguery.” He didn’t like Jackson’s judicial philosophy, but “the implication that she has a soft spot for ‘sex offenders’ who ‘prey on children’ . . . is a smear.”

In the end, the attacks failed to diminish public support for Jackson, and her poised responses to questioning helped secure her nomination, by a vote of 53–47. But the fierce campaign against her was concerning, in part because it was spearheaded by a new conservative dark-money group that was created in 2020: the American Accountability Foundation. An explicit purpose of the A.A.F.—a politically active, tax-exempt nonprofit charity that doesn’t disclose its backers—is to prevent the approval of all Biden Administration nominees.

While the hearings were taking place, the A.A.F. publicly took credit for uncovering a note in the Harvard Law Review in which, they claimed, Jackson had “argued that America’s judicial system is too hard on sexual offenders.” The group also tweeted that she had a “soft-on-sex-offender” record during her eight years as a judge on the United States District Court for the District of Columbia. As the Washington Post and other outlets stated, Jackson’s sentencing history on such cases was well within the judicial mainstream, and in line with a half-dozen judges appointed by the Trump Administration. When Jackson defended herself on this point during the hearings, the A.A.F. said, on Twitter, that she was “lying.” The group’s allegation—reminiscent of the QAnon conspiracy, which claims that liberal élites are abusing and trafficking children—rippled through conservative circles. Tucker Carlson repeated the accusation on his Fox News program while a chyron declared “JACKSON LENIENT IN CHILD SEX CASES.” Marjorie Taylor Greene, the extremist representative from Georgia, called Jackson “pro-pedophile.”

Mudslinging is hardly new to American politics. [Continue reading…]