Showing posts with label Trump and the judiciary. Show all posts
Showing posts with label Trump and the judiciary. Show all posts

Saturday 6 October 2018

"The crowd in front of the U.S. Supreme Court is tiny, looks like about 200 people (& most are onlookers)..."

"... that wouldn’t even fill the first couple of rows of our Kansas Rally, or any of our Rallies for that matter! The Fake News Media tries to make it look sooo big, & it’s not!"

Trump tweets.

Also at Twitter, I'm seeing Jordan Peterson promoting (but not necessarily endorsing) the idea that Kavanaugh, confirmed, should step down. Responding to him is Scott Adams, who says, "This feels like a terrible idea to me, but because smart people are saying it, I’m open to hearing the argument."

Peterson replies: "I'm not certain that is the right move. It's very complex. But he would have his name cleared, and a figure who might be less divisive might be put forward."

And Adams says, "Quitting would clear his name? I'm not connecting any of these dots."

I agree with Adams and would add that a "less divisive" figure is a fantasy. If the Democrats dream of stopping Kavanaugh were to come true, they would be fired up to use any means necessary to stop the new nominee. I'm reminded of this passage in the Susan Collins speech:
The President nominated Brett Kavanaugh on July 9th. Within moments of that announcement, special interest groups raced to be the first to oppose him, including one organization that didn’t even bother to fill in the Judge’s name on its pre-written press release – they simply wrote that they opposed “Donald Trump’s nomination of XX to the Supreme Court of the United States.” A number of Senators joined the race to announce their opposition, but they were beaten to the punch by one of our colleagues who actually announced opposition before the nominee’s identity was even known.
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The Senate is about to call the roll on Kavanaugh...

... just as soon as these protesters can be cleared out of the gallery.

AND: That's it! Kavanaugh has survived the ordeal. 50-48, confirmation.

I was touched that Senator Murkowski withdrew her "no" vote in deference to Senator Daines who wanted — needed — to be present at his daughter's wedding, so that he did not need to rush back in the middle of the day to register the "yes" vote that was his to give.
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A new WaPo trend — giving Trump credit?

It takes 4 journalists to see it, but, apparently....



... Trump isn't an impetuous, wildly swinging idiot. What if he is what he says, a political genius?

Let's see how far the WaPo journalists go:
Again and again, President Trump was instructed not to do it. A cadre of advisers, confidants and lawmakers all urged him — implored him, really — not to personally attack the women who had accused Supreme Court nominee Brett M. Kavanaugh of sexual assault.

So he did it anyway.

Addressing thousands at a boisterous rally in Mississippi, Trump relied on his own visceral sense of the moment and mocked Christine Blasey Ford for gaps in her memory, directly impugning the accuser’s credibility.

Establishment Republicans initially reacted with horror. But Trump’s 36-second off-script jeremiad proved a key turning point toward victory for the polarizing nominee, White House officials and Kavanaugh allies said, turbocharging momentum behind Kavanaugh just as his fate appeared most in doubt....

Trump had no particular personal affinity for Kavanaugh, although a dinner was arranged between the two men and their wives to cultivate a relationship. “I don’t even know him,” the president told the Mississippi crowd, “so it’s not like, ‘Oh, gee, I want to protect my friend.’ ”...

“Kavanaugh’s an establishment guy. He was a Bush guy,” said Sen. Lindsey O. Graham (R-S.C.), referencing the nominee’s experience as White House staff secretary under President George W. Bush. “There was a lot of pushback, you know — ‘Don’t go [down] that road,’ ‘That’s not why you won,’ and he said, ‘Wait a minute. I want to pick the best people to be on the court I can,’ and he said he was incredibly impressed by his background, just the whole package of Kavanaugh.”...

[Kavanaugh's Fox News interview] was widely criticized — “objectively a horrible idea,” in the words of one White House official. Kavanaugh appeared wooden and dispassionate, sticking only to a few talking points, and Trump, an avid consumer and critic of television news, thought he appeared weak and unconvincing....

[The Judiciary Committee hearing with Ford and Kavanaugh] left the president seesawing from fatalism to enthusiasm about Kavanaugh’s confirmation prospects.

When Ford had finally finished, [White House counsel Don] McGahn spoke privately to Kavanaugh, who had not watched, urging him to be passionate. “Speak from your heart,” McGahn advised the nominee, according to someone familiar with their discussion.

Kavanaugh roared into the committee room and shouted his opening statement, which he had personally written the night before with the help of one trusted clerk. The hotly defiant performance was so effective in the eyes of his advisers — and, perhaps most importantly, of the president — that a group gathered in Vice President Pence’s Capitol Hill office began to cheer and pump their fists. Some even had tears in their eyes.

The hearing galvanized activists on both sides and left jittery senators — including Flake, one of 11 Republicans on the Judiciary Committee — torn between competing accounts and party loyalties.... McConnell spoke with Trump and convinced him that the only option was to delay a vote and move forward with the FBI probe....

On the campaign trail... Trump ratcheted up the partisan warfare at his rallies. In Mississippi, the president — already fuming over a New York Times investigation into his family’s allegedly fraudulent tax schemes — felt the media was not properly scrutinizing Ford’s account and decided to engage.

“How did you get home? ‘I don’t remember,’ ” Trump said, reenacting Ford’s hearing. “How did you get there? ‘I don’t remember.’ Where is the place? ‘I don’t remember.’ How many years ago was it? ‘I don’t know. I don’t know. I don’t know.’ ”

The riff lasted less than a minute, but had lasting ramifications. The senators whose votes Kavanaugh was wooing said they were aghast at the president’s rally-stage behavior. But Kavanaugh allies saw a clear benefit: An argument by the president that bucked up Kavanaugh, discredited Ford and became a clarion call for conservatives.

More than two dozen Trump supporters interviewed at the president’s campaign rally Thursday in Minnesota said they wish he had not gone after Ford, fretting that doing so was not presidential. Yet many also acknowledged the president had simply spoken aloud what many of them thought privately.
The reporters don't tie it all up. In fact the headline at the article is toned down from the one on the front page which you see in my image at the top of this post. At the article, there's less credit to Trump. It's just: "‘Willing to go to the mat’: How Trump and Republicans carried Kavanaugh to the cusp of confirmation." But the facts are there in the article. Trump critiqued Ford's testimony in clear powerful terms — something everyone else was afraid to do. He recognized that Kavanaugh's presentation on Fox News wasn't compelling (even though it was what the pushers of the "judicial temperament" argument claimed they needed to see). And during the hearing, after Ford testified, Trump performed a public routine of "seesawing" about whether Kavanaugh could make it, lighting the fire on him to shed his establishment guy/Bush guy demeanor and talk more like Trump.

That's all in the article, but with no strongly stated bottom line, Trump haters can shrug it off and cling to their belief that Trump is an impetuous idiot.
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Saturday 29 September 2018

Now, I am getting email from the Democratic Party soliciting donations based on Brett Kavanaugh.

Yesterday morning, I blogged about getting an email solicitation from the party, under the name of Cory Booker, that didn't mention Kavanaugh. I speculated about what that might mean. But yesterday evening, I got this email, from the party, with the subject line "Brett Kavanaugh" (signed by Seema Nanda, the CEO of the Democratic National Committee). Since I blogged about the Kavanaugh-free email. I've got to share the text of this:
After watching Republican senators' shameful performance in this week's Senate Judiciary Committee hearings, I'm more certain than ever that it is a moral imperative for Democrats to take back control of Congress this November and the White House in 2020.
Shameful? What was shameful?
Chuck Grassley shouldn't be chairing a congressional committee. People like Lindsey Graham shouldn't be Senators.
People like Lindsey Graham? What does that even mean?! There's a heavy moralistic tone here, but it's so conclusory that I see they're only trying to reach me if I happen to have already taken umbrage and am up for conclusory statements and slurs.
People like Donald Trump shouldn't be appointing anyone to a lifetime term on our nation's highest court., Lindsey Graham and their Republican colleagues...
That's how it looks in the original. Something got cut. I don't know why the DNC is centralizing Graham (other than that he made the most fiery statement during the hearing).
... have shown that they have no interest in seriously investigating the sexual assault allegations against Brett Kavanaugh -- and Donald Trump has demonstrated time and again that he lacks the temperament and judgment to make an appointment to our highest court.
I thought Trump was making very sober choices, deferring to the experts on the conservative judiciary. I can't think of anything he's done wrong in picking Supreme Court nominees (other than that he's picking conservatives).
My promise to you as CEO of the Democratic National Committee is that I will do every last thing in my power in the next 39 days to fight back against these Republicans. Right now, I'd like to ask for your help.
"Every last thing"?
This Sunday is the final end-of-quarter deadline before Election Day, and every contribution made before Sunday at midnight will help Democrats take back Congress this November. If we do that, we can exert some real checks on this president and stop him from pushing through more extreme Supreme Court nominees.
And that's the problem, distinctly admitted. The Democrats oppose conservative Supreme Court nominees, and they need to win in the midterms to block them, and they're ready to do anything they can toward that goal.

ADDED:  I used the word "umbrage" and felt motivated to look it up in the OED. I'm using it correctly. It has meant "Displeasure, annoyance, offence, resentment" since the 1600s. One of the examples in the OED comes from George Washington:
1796 G. Washington Let. in Writings (1892) XIII. 263 Unless my pacific disposition was displeasing, nothing else could have given umbrage by the most rigid construction of the letter.
But the older meaning is shade or shadow, and it's still not obsolete to use it to mean, specifically, the shade created by a tree:
1849 C. Brontë Shirley II. ii. 34 She would spend a sunny afternoon in lying stirless on the turf, at the foot of some tree of friendly umbrage.
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Thursday 27 September 2018

"JUST IN: The Senate Judiciary Committee expected to vote Friday morning on Kavanaugh's confirmation to the Supreme Court, according to multiple GOP congressional aides."

Tweets NPR.

I'm also seeing this Trump tweet:
Judge Kavanaugh showed America exactly why I nominated him. His testimony was powerful, honest, and riveting. Democrats’ search and destroy strategy is disgraceful and this process has been a total sham and effort to delay, obstruct, and resist. The Senate must vote!
Here's Alan Dershowitz:
The Senate Judiciary Committee needs to slow down and postpone its vote on the nomination of Judge Brett Kavanaugh to the Supreme Court until the FBI can investigate accusations of sexual misconduct leveled against him by three women....

Maybe we can get closer to the truth, although that is not certain. But right now there are too many unanswered question to bring the confirmation of Kavanaugh – currently a judge on the U.S. Circuit Court of Appeals for the District of Columbia – to a vote of the Judiciary Committee as scheduled on Friday, much less to a vote of the full Senate.
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Tuesday 25 September 2018

"The second accuser has nothing. The second accuser thinks maybe it could have been him, maybe not. She admits she was drunk."

"She admits time lapses. She was totally inebriated and all messed up and she doesn’t know... Gee, let’s not make him a supreme court judge."

Said Trump about Deborah Ramirez. He said while sitting next to the President of Colombia at the United Nations, The Guardian reports.
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Sunday 23 September 2018

"I've got to admit that if I had to say right now, who is more likely to be telling us what is closer to the truth — no stakes, no burden of proof, just who is more likely — I'd have to say her."

I wrote in the comments to a post that linked to a WaPo article and simply quoted Christine Blasely Ford's husband.

He'd said, "Her mind-set was, 'I’ve got this terrible secret.... What am I going to do with this secret?' She was like, 'I can’t deal with this. If he becomes the nominee, then I’m moving to another country. I cannot live in this country if he’s in the Supreme Court'... She wanted out."

I've reflected on why that quote tipped me to have the thought quoted in the post title and to want to reveal that. I've challenged myself: Am I a tool of the patriarchy? The husband says something, and now I believe?!

But I don't believe. I don't take anything at face value. I blog from a position I call "cruel neutrality," and I begin, always, with the prosaic awareness that people don't say everything they think, that they may sometimes outright lie but also almost always shape their telling of the truth, and that memory isn't a video recording that can be played but a mysterious process of the human brain, and that we are all blessedly human.

So I'll forgive all the commenters who misread what I wrote and fought me over the idea they got in their head when they read what I wrote. And let me quote a few commenters who were closer to getting what I was saying.

Henry said:
I've got to admit that if I had to say right now, who is more likely to be telling us what is closer to the truth — no stakes, no burden of proof, just who is more likely — I'd have to say her.

Your key phrase is "closer to".

Kavanaugh's problem is that he can't admit to anything. The most innocuous story will be seen as proof of her most serious allegations. "Closer to" could be "I was at a party and tripped and knocked her over and it was pretty embarrassing." That's closer to her story than "I have never done anything like what the accuser describes -- to her or to anyone" but it's still a long long long long way from "I'm an unsuccessful rapist."
Francisco D said:
I am going to give Althouse the benefit of the doubt.

She feels that Christine Blasey Ford is more likely telling the truth.

Althouse is describing an emotional reaction, nothing more. She is not indicating how she has processed the available evidence and what her thoughts on the matter are.
Walk don't run begins with something that isn't close to describing me at all, because it's about performing the role of juror after all the evidence has been presented, when I specifically hypothesized a requirement to suddenly answer a question when there has been no comprehensive presentation of evidence. At a trial, a burden of proof would apply and a defendant would be facing the consequence of a deprivation of liberty. That's not my hypothetical situation.

Anyway, here's how walk don't run begins:
I was a juror in a rape case some years ago. The case should never have never have been brought to court it had so many holes in it. During the deliberations that took a couple of days I outlined 7 aspects of the case that provided reasonable doubt. All of us agreed except one female juror who insisted that she had to convict the accused. Her explanation was that she had been raped and could not find her way not to convict the accused. The facts did not matter to her. It was all an understandable emotion. I think something similar is going on with Althouse.
But I see that walk don't run only says he/she thinks "something similar" is going on with me. It may be similar, but it's also different. I would never abuse the role of juror in a real legal proceeding. The question with Kavanaugh is whether he should be confirmed to a lifetime position as Supreme Court Justice, but even that is outside my hypothetical because that is what is at stake, and I said I'm telling you what I feel without regard to the stakes, and I'm only saying what I think is more likely.

Notice that I could have gone on to examine what I would do if there were never any more evidence than there is right now and it were my job to vote whether or not to confirm Kavanaugh. Nothing in my statement would prevent me from adding that I thought — given all the other evidence of his excellence and good character and the absence of other negative reports — what we've heard about what he may have done when he was 17 and his possibly false denials are not enough to justify a no vote.

Anyway, walk don't run goes on to say:
On the other hand, to give Althouse some slack, Kavanaugh seems just too good to be true - perfect scholar, perfect athlete, perfect coach, perfect husband, perfect father and perfect jurist. I wish he seemed more human with some failings and frailties like the rest of us. I don’t think Althouse likes or trusts that and that perfection strangely makes him less trustworthy in her eyes.
Yes, that's what I wanted to quote. Kavanaugh is vulnerable precisely because he's presented himself as good all the way through. Any hint of a stain wrecks his purity. He's the opposite of the man who nominated him, who's a crazy tie-dye pattern of stains. Nothing shows on that man. It's so annoying to his antagonists, who keep adding to the stain pattern and making it even harder to see any new problem. What has Trump really done that's so bad?, I ask myself from time to time. There are so many stupid things, like saying a hurricane is tremendously wet. I have trouble remembering what (if anything!) is supposed to be so awful. But with the wonderful paragon Kavanaugh, the accusation stands out like a red wine spill on the cream-colored carpet.
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Friday 21 September 2018

Does Trump's tweet attack Christine Blasey Ford?



On CNN, they're going on and on about how Trump has suddenly begun directly attacking Blasey.

The front-page of the NYT says he's ending his "days of restraint":
I guess they've been waiting for Trump to say anything that could be construed as an attack and hoping he'd go low. I don't think this is low at all, but the anti-Kavanaugh media seem to be working off a theory that says that any attempt to defend Kavanaugh is an attack on the alleged victim. No matter how restrained and deferential, any defense of him will be presented as an attack on her. Those who want Kavanaugh confirmed should resist that template, but they still need to be careful. The media are trying to provoke them into saying things that really will seem like an attack on someone who may be a real victim or that unsettle people like me who are invested in the larger #MeToo movement.

And this does get the "civility bullshit" tag.
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