Category Archives: Supreme Court

May 15 2019
1 Comment
Adrastos, Law/Justice, Political Crack, Supreme Court

Alabama Goddam

Photo via @ALostrich.

The Alabama lege has gone there by passing a bill that effectively bans safe, legal abortion. It confirms the asterisk placed on the state motto in the featured image above.

The Guardian nailed it with this brilliant headline: These 25 Republicans-All White Men-Just Voted To Ban Abortion In Alabama.

Governor Kay Ivey hasn’t announced whether or not she’ll sign the bill BUT she’s a blue-haired right-winger from central casting so she’s expected to do so. That will be the day that stars really fall on Alabama.

Anti-choicers have been “praying” for this ever since Roe v. Wade was handed down in 1973. It’s why they support Donald Trump who has pledged to only appoint judges who will strike Roe down. Unfortunately, it’s the only promise he’s kept.  Thanks, Mitch.

I’m usually cautiously optimistic that Chief Justice Roberts will land on the side of precedent since he’s a genuine judicial conservative as well as an institutionalist. Unfortunately, institutionalism is on the run in the Trump era. Besides, the Chief’s record on abortion rights issues is clear: he’s apt to be just as eager to reverse Roe as his wingnuttier colleagues.

Justice Stephen Breyer issued a warning last week about the current court’s willingness to disregard precedent. Here’s an excerpt from a piece by Slate’s fine legal writer Mark Joseph Stern:

In dissent, Justice Stephen Breyer acknowledged as much. Overruling precedent typically requires a “special justification,” Breyer wrote, but “the majority does not find one.” Instead, it merely decides that Hall “was wrongly decided” and should go. “The law has not changed significantly since this Court decided Hall,” Breyer pointed out, “nor has our understanding of state sovereign immunity evolved to undermine Hall.” All that has changed is the composition of the court. He added:

“To overrule a sound decision like Hall is to encourage litigants to seek to overrule other cases; it is to make it more difficult for lawyers to refrain from challenging settled law; and it is to cause the public to become increasingly uncertain about which cases the Court will overrule and which cases are here to stay.”

It is “dangerous,” Breyer concluded, “to overrule a decision only because five Members” of the court disagree with it. “Today’s decision can only cause one to wonder which cases the Court will overrule next.” And if there were any doubt which cases Breyer was alluding to in this dark denouement, he cited the portion of Planned Parenthood v. Casey that explained why Roe should be upheld. The justice has hoisted a red flag, alerting the country that the court’s conservative majority is preparing an assault on the right to abortion access.

Justice Breyer rarely writes such scathing dissents: he’s usually the soul of moderation and courtesy. That’s why we need to take him seriously. Shit meet fan.

I am not eager for the Alabama law to reach the Supreme Court but that’s its likely destination absent an unlikely veto by the Governor. We’re on our own now.

Apr 26 2019
Leave a comment
Adrastos, Congress, Fog Of History, Fog Of Scandal, Law/Justice, Political Crack, Supreme Court, The Darnold

Massive Resistance

Massive resistance to desegregation was a thing after the Supreme Court’s landmark Brown v. Board of Education decision. The Supremes erred by using Felix (The Hot Dog Man) Frankfurter’s phrase that desegregation should be implemented “with all deliberate speed.” What followed was deliberate delay, not speedy progress.

Team Trump is following its own path of massive resistance in regard to Congressional subpoenas. The Insult Comedian has bragged that he runs the “most transparent administration in history” when, as always, the opposite is true. Projection thy name is Trumpy.

The Trump regime specializes in lies, cover-ups, and delay. They’ve made an art of kicking the can down the road in an audacious attempt to delay the president’s* day of reckoning. I halfway expect Rudy to use the phrase “with all deliberate speed,” he’s surely heard of it. Trump just as surely has not. Nothing exists if it doesn’t involve him.

The law is on the side of the House oversight committees but not only is the law an ass, it’s a slow ass. It’s one of the few things Trump knows: litigation is tantamount to delay. It’s why he *always* threatens to sue whenever things go against him. The good news is that Congress has deep pockets but the process is inherently slow. In fact, it moves “with all deliberate speed.”

 

Mar 23 2019
2 Comments
Adrastos, Books, British Politics, Comedy, Diary, Film, Food and Drink, Language, Law/Justice, Music, New Orleans, Odds & Sods, Supreme Court

Saturday Odds & Sods: Hand Of Kindness

Still Life with Onions by Paul Cezanne

March is the cruelest month in New Orleans for allergy sufferers like me. The weather has been sunny and cool; perfect for outdoor activity. The rub is the oak pollen that can be found everywhere. It coats cars, sidewalks, and any surface it can light on. It makes me feel itchy and my nose run like a broken faucet. The most dramatic symptom involves my eyes, which resemble red gravy in sockets if such a thing is possible.

Enough bitching about my allergies. This week’s theme song was written by Richard Thompson and was the title track of his 1983 solo album. It was his first record after breaking up personally and professionally with Linda Thompson. It’s one of his finest albums featuring some of his best songs and that’s saying a lot.

We have two versions of Hand Of Kindness for your listening pleasure. The studio original and a live version from Cropredy circa beats the hell outta me.

Now that I’ve extended the hand of kindness, it’s time to jump to the break. Given the RT album cover, we may have to do so at the Chelsea Embankment. Splash.

Continue reading →

Feb 09 2019
Leave a comment
Adrastos, Diary, Film, Fog Of History, Law/Justice, Music, Odds & Sods, Political Crack, R.I.P., Race, Sports, Supreme Court

Saturday Odds & Sods: Fly Like An Eagle

Women and Birds at Sunrise by Joan Miro

Once again, New Orleans showed the world how to turn adversity into a party. I’m talking about the widespread local boycott of the Super Bowl. It was easy for me. I rarely watch unless I have a rooting interest in one of the teams. I wasn’t down for some of the dumber aspects of “no-call gate” such as claims that the Saints wouldn’t have gone to the big dance after a similar bad call, or that the Rams were cheaters BUT we *wuz* robbed. I blame the league and the referees, not the Rams who lost in one of the dullest Super Bowls in years. Yawn. Brady and Belichick won again. Yawn.

New Orleanians quickly moved from the Super Bowl controversy to an argument over the Krewe of Chewbacchus. It’s a geek/sci-fi parade that sprung up a few years back. I like the idea but hate the execution. I like parades to move quickly and not stall for hours as Chewbacchus invariably does. Yawn.

The head of the krewe styles himself, not as a humble Captain, but as “The Overlord.” He floated a trial balloon that they *might* exploit a loophole in city ordinances and allow commercial sponsorship. That’s a big NOLA no-no: the krewes, not corporations, throw a party for the city and its citizens. The “Overlord” quickly crawfished and claimed he was just joking but I know a deflated trial balloon when I see one. Pop goes the geek weasel.

This week’s theme song was written by Steve Miller and was the title track of his1976 hit album. The Fly Like An Eagle single was a monster hit, peaking at number two on the Billboard charts.

We have three versions for your listening pleasure: the original SMB hit, a live version with guitarist Joe Satriani, and a cover by my homeys, the Neville Brothers:

Now that we’ve soared like eagles, let’s jump to the break, Hopefully, there will be a tailwind so we won’t break our tail feathers or is that bend? Beats the hell outta me.

Continue reading →

Oct 08 2018
1 Comment
Adrastos, Congress, Political Crack, Supreme Court, The Kavanaugh Mess, Twitter

The Kavanaugh Mess: The Mess We’re In

Sorry for using the word mess twice in the post title. It does, however, describe the state of the nation after the messy confirmation of Justice* Bro. He earned his asterisk by lying to the Senate and the way the Feebs took the I out of the FBI.  To paraphrase the late Sue Grafton, I was NOT for Investigation.

GOPers have been celebrating like high school jocks since Chinless Mitch and his minions “rammed” the nomination through. SNL had a locker room celebration sketch as its cold opening. It was an excellent idea that was poorly executed. The #BeersForBrett meme on twitter was much funnier albeit unintentionally so. You know my thoughts about that: ain’t nothing funnier than unintentional comedy.

On Friday, I wrote about Susan Collins’ long-winded apologia for Brett Kavanaugh. I have to give her credit for making a Supreme Court nomination about her instead of the nominee. Her Sunday show appearance did not exactly cover her in glory:

This line has gone from being a wacky conspiracy theory promulgated by Kav krony Ed Whelan to the GOP CW: conventional wisdom, not country & western. Its adoption does make me want to cry tears in my beer…

The “I believe she was attacked but he didn’t do it” line makes no sense whatsoever. But we’re living in the age of the YUGE LIE so logic is out the window. Little Joe Goebbels would be very proud of Republicans.

I said on Friday that “Susan Collins is horrible” I have an addendum: Lindsey Graham is even worse. He spiked the ball on the tweeter tube after the vote:

Then he doubled down on teevee the morning after:

Stay classy, Senator.

I am not among those shocked by Lindsey Graham’s transformation from John McCain’s wingman to all-out Trump sycophant. He’s a people pleaser who is drawn to power. Power in the GOP is concentrated in the Insult Comedian and the MAGA Maggots. Lindsey is like a moth to flame. This moth is up for re-election in 2020.

The key to Lindsey Graham’s character can be found in a New York Magazine profile I quoted a few weeks back in an Odds & Sods outing:

It is perhaps useful to know that Graham grew up in a bar. His parents owned the Sanitary Cafe, a watering hole and pool hall popular with local textile workers, in a town called Central, in a region known as the Upcountry in the northwest of the state, a budding Appalachia.

<SNIP>

Graham, his parents, and his sister, Darline, 13 years younger, slept in one room behind the bar, and Graham worked at the bar after school. There he honed the skills that have defined him in politics: Always be charming, ready with a joke and a story; don’t make enemies; keep grudges private; defuse open conflict and resolve fights out back.

Repeat after me: Graham is a people pleaser. The people he wants to please are the president* and his horrible base. Senator McCain has left the building. A reminder: McCain patched up things with George W Bush during the run up to the Iraq War to maintain his viability in the Republican Party. In fairness, I doubt he would have gone over to Trump or attacked CBF with the vehemence of his former sidekick. He had more integrity than that. Graham has none. He’s a pussy, he should grab himself.

Where do we go from here? I understand the temptation to form a circular firing squad and start shooting at other Dems. I’m mad at Joe Manchin too. His vote *was* cast in a cowardly manner BUT we need the numbers if the Dems have any chance at taking the Senate. I understand why people want to cut him off but I’m keeping my eyes on the prize, which is a Senate majority. It remains daunting but it’s well-nigh impossible without Manchin and Phil Bredesen in Tennessee. I affixed a clothespin to my nose while writing this paragraph. You gotta do what you gotta do. I completely understand if others don’t feel this way.

My assumption has always been that the losing side in the Justice Bro* war would benefit the most politically. Republicans got what they wanted, it’s more of a sugar rush that may dim in the next month. If it helps them, it helps them more in the Senate than in House races.

Something else that will help Democrats when the sugar rush wears off  is Trump’s inability not to brag and take credit for the Kavanaugh victory. His tendency to overplay his hand may well lead to a backlash. We’re in the age of the backlash, after all.

A reminder that Democrats should NOT run on impeachment of either Trump or Kavanaugh. That *will* extend the GOP sugar rush. Besides, it’s what they want us to do. When your opponent sets an obvious trap, you should sidestep it. Two words Democrats *should* run on are: OVERSIGHT and INVESTIGATION. Those are promises we can keep: even a Democratic Senate will not be able to convict an impeached president* or justice*.

It’s time for us to get both mad and even. That’s not an easy feat but we need to get our base out as well as wooing suburban women who dislike Trump and are disturbed by the allegations against Brett Kavanaugh. Women are the key to this election: I’m going to get out of the way and let y’all do your thing.

Repeat after me: Resist Smart.

The last word goes to Los Lobos:

Oct 05 2018
7 Comments
Adrastos, Congress, Political Crack, Supreme Court, The Kavanaugh Mess

The Kavanaugh Mess: Susan Collins Is Horrible

I lasted for 2/3 of Collins’ speech and couldn’t take any more. It was not the speech of someone who agonized over her vote; except for lip service to Roe, it was a speech Senators Cornhole or Graslley could have given. She sounded like Kavanaugh’s floor manager instead of a reluctant yes.

It’s high time for the MSM to stop calling Collins a moderate. She’s a conservative and always has been one. Enough.

Kavanaugh will be confirmed tomorrow but the mess isn’t over. It’s time to take the fight to the hustings and get our voters ready to turn out in massive numbers.  I eagerly await the many investigations the House will unleash on the GOP; one of which should be about the Kavanaugh mess.

Repeat after me: Susan Collins is horrible.

Oct 05 2018
Leave a comment
Adrastos, Congress, Political Crack, Supreme Court, The Kavanaugh Mess, Twitter

The Kavanaugh Mess: Best Protest Ever

As the Kavanaugh kloture vote looms, NBC’s Kasie Hunt was on the job early this morning:

Then someone tweeted this clip:

I laughed for a full five minutes when I saw Kasie’s tweet. Perhaps the Reader’s Fucking Digest is right and laughter *is* the best medicine. A no vote would be even better.

The last word goes to Judge Bro:

One More Tweet For The Road:

Oct 04 2018
4 Comments
Adrastos, Congress, Law/Justice, Supreme Court, The Kavanaugh Mess

The Kavanaugh Mess: The Curious Case Of The Last-Minute Op-Ed Article

I did not plan to write about the Kavanaugh Mess again tonight. The last piece was written on the fly. It was quite literally instant analysis: I wrote it in 30 minutes. Not bad for a rush job if I say so myself, and I do.

That blog post was written and posted before I heard about the latest weird twist in this dizzy drama: Kavanaugh’s Wall Street Journal op-ed article. This is yet another unprecedented development: Supreme Court nominees do NOT write articles defending their demeanor and judgment:

“I was very emotional last Thursday, more so than I have ever been. I might have been too emotional at times. I know that my tone was sharp, and I said a few things I should not have said. I hope everyone can understand that I was there as a son, husband and dad. I testified with five people foremost in my mind: my mom, my dad, my wife, and most of all my daughters.

“Going forward, you can count on me to be the same kind of judge and person I have been for my entire 28-year legal career: hardworking, even-keeled, open-minded, independent and dedicated to the Constitution and the public good. As a judge, I have always treated colleagues and litigants with the utmost respect. I have been known for my courtesy on and off the bench. I have not changed. I will continue to be the same kind of judge I have been for the last 12 years. “

The piece feels like a bad rush job. It weaves together elements from Kavanaugh’s opening statement at the pre-sexual assault allegation hearing with new material. It seems to have been assembled this afternoon as protesters swarmed about Capitol Hill.

The op-ed feebly attempts to address many of the questions that Judge Bro’s ranty testimony gave rise to. There’s not a judge in the country who would tolerate such behavior in their courtroom, including Brett Kavanaugh. Who among us can forget this exchange with Senator Amy Klobuchar:

The only reason for the last-minute op-ed is that someone needs help getting to yes. I’m done trying to read the minds of conservative Republican Senators, but Kav’s handlers wouldn’t have pulled this stunt if they had the votes. They might have them by the time of the cloture vote but they didn’t have them as of 7:30 EST tonight. I’m not getting my hopes up but the situation remains fluid. A friend of mine described fluid as my F-word.

This whole thing gets curiouser and curiouser each day. That’s why I call it the Kavanaugh Mess.

That concludes this episode of Instant Analysis Theatre.

Oct 04 2018
Leave a comment
Adrastos, Congress, Law/Justice, Political Crack, Supreme Court, The Kavanaugh Mess

The Kavanaugh Mess: W Is For Whitewash

Jeff Flake got what he wanted: political cover to vote aye on the Kavanaugh nomination. I hope Susan Collins writes him a nice thank you note: if she votes aye, it will reduce the odds of a primary challenger in 2020. Collins lives to get re-elected: she doesn’t do anything with the power she has as a Senator, after all. Collins has described the FBI probe as “a thorough investigation,” which means the country is thoroughly screwed.

The investigation was cursory at best, a cover-up at worst. Instead of summoning our “better angels,” the Kavanaugh Mess has shown American politics at its worst. As far as I’m concerned, Trumpism and sadism are synonymous. Adam Serwer makes the same point in an Atlantic article: The Cruellty is the Point.

It should matter that retired Justice John Paul Stevens has come out against the nomination. Former Supremes do not do such things. Unfortunately, it does not matter: all that matters is that Mitch McConnell has the hammer and he’s using it to damage the customs and traditions of the Senate. He’s every bit as radical as the president* he pretends to disdain, but serves oh so well.

It should matter that a Yale classmate of Debbie Ramirez is willing to corroborate her story on the record. It does not matter: the White House is the FBI’s client and they’re doing as they’re told. So much for the Deep State. W is for Whitewash.

I hope I’m wrong about tomorrow’s cloture vote but they appear to have the votes. Jeff Flake is Hamletting and Joe Manchin is hoping not to cast the decisive vote. As to Collins and Murkowski, the sham investigation has given them political cover. Change one word in cover and you have cower. That’s what these supposedly decent people are doing: cowering in the face of Trumpism.

The last word goes to the junior Senator from North Dakota, a woman who  knows the meaning of political courage:

Oct 03 2018
Leave a comment
Adrastos, Diary, Law/Justice, Music, Political Crack, Supreme Court, The Kavanaugh Mess

The Kavanaugh Mess: Red Red Whine & Prolific Pukers

The Kavanaugh Mess is hurtling towards a messy and unsatisfying conclusion regardless of which way the vote goes. There are contradictory reports as to how thorough the FBI’s background check reboot will be. There seem to be gaps in the investigation that make rumors of an early wrap-up unnerving. It is also possible that Kavanaugh and CBF will be the last people interviewed, which is how these things usually work. We shall see.

On the positive side, Vanity Fair’s Chris Smith reports that the FBI is determined to conduct a genuine investigation and that Director Chris Wray is just as likely to ask for an extension as to finish things up hastily. The attitude in the Bureau is reflected in the article’s title: The FBI Is Not Going To Be Donald Trump’s Patsy. Let’s hope so.

Charlie Pierce has an excellent piece about Kavanaugh’s background as a Republican ratfucker, Charlie’s conclusion lines up with my own: once a ratfucker, always a ratfucker.

 

That’s RF for Rat Fink but who among us can resist a well-executed cartoon?

I remain fascinated by how Republican men think that shouting = truth-telling. Brett Kavanaugh did a lot of the former and precious little of the latter last Thursday. The best analysis I’ve seen of his mendaciously shouty testimony is by Nathan J. Robinson at Current Affairs. He proves that, try as he might, Kav cannot hide his Lyin’ Eyes:

I know my affection for the Eagles is controversial in some circles but that’s a brilliant song, y’all. I may just raise my voice, Judge Bro style, if you disagree.

Speaking of music, I missed the UB40 money quote in the NYT piece about Kav’s college friend Chad Ludlington:

He said that the altercation happened after a UB40 concert on Sept. 25, when he and a group of people went to Demery’s and were drinking pints. At one point, they were sitting near a man who, they thought, resembled Ali Campbell, the lead singer of UB40.

“We’re trying to figure out if it’s him,” he said.

When the man noticed Mr. Ludington, Mr. Kavanaugh and the others looking at him, he objected and told them to stop it, adding an expletive, Mr. Ludington said.

Mr. Kavanaugh cursed, he said, and then “threw his beer at the guy.”

“The guy swung at Brett,” Mr. Ludington continued. At that point, Mr. Dudley “took his beer and smashed it into the head of the guy, who by now had Brett in an embrace. I then tried to pull Chris back, and a bunch of other guys tried to pull the other guy back. I don’t know what Brett was doing in the melee, but there was blood, there was glass, there was beer and there was some shouting, and the police showed up.”

This has led to much Red Red Whining about the unfairness of Kav’s barroom pugilism being the subject of public debate in 2018. The point is not that Judge Bro was a heavy drinker then, it’s that he’s lied about it under oath now. My hunch is that Kav thinks that if he confirms his boozy, boozy ways, more people will believe CBF’s story. That’s the problem with taking the categorical denial route.

FYI: UB40 has been engaged in an epic fight between the Campbell brothers over the band’s name. They might be willing to stage a re-enactment of this fight with Robin Campbell playing the part of Judge Bro. This song would clearly be involved:

Hmm, I wonder if Kav went after the man he thought was Ali Campbell because rumor has it that he likes beer, not wine?

Along the same lines, here’s a video the people at the Late Show with Stephen Colbert put together:

Back to Kavanaugh’s diminishing credibility. NBC News has reported that Kav knew about the New Yorker’s Debbie Ramirez story before it went public, and tried to organize a text message defense to the story. He told the committee that he didn’t know about the story until it was published. Once a ratfucker, always a ratfucker.

Remember Kav’s equivocation as to whether the character Bart O’Kavanaugh in Mark Judge’s book is based on him? The Failing New York Times has published a story that includes a 1983 letter that Judge Bro wrote and signed Bart. This Bro Epistle contains this memorable passage:

In a neatly written postscript, he added: Whoever arrived first at the condo should “warn the neighbors that we’re loud, obnoxious drunks with prolific pukers among us. Advise them to go about 30 miles…”

That’s a pistol of an epistle, y’all.

Finally, after several weeks of startling self-control by his standards, the Insult Comedian engaged in a bit of victim mocking last night in Elvis country:

This is disgusting even for this president*. It’s also harming, not helping, Kav’s kause as the undecided Senators have denounced these comments.

As if in a race to the bottom, Trump also implied that Vermont Senator Patrick Leahy has a drinking problem. Here’s hoping that Trump’s loose lips sink Kav’s ship.

There will surely be more developments over the course of the day. Stay tuned.

Repeat after me: Once a ratfucker, always a ratfucker.

Oct 03 2018
5 Comments
Adrastos, Diary, Education, Music, Political Crack, Supreme Court, The Kavanaugh Mess

Schooldays

Glory Days

The blogger (in hat and shades) as a wayward youth with his posse.

What is it that they say about great minds? I’m not sure if I qualify but Athenae surely does. I had already planned to write about my schooldays then A did it and did it well:

I went to a Catholic college-prep high school, after 8 years of Catholic elementary. I did this because my family was Catholic, and religious schooling was important to my not-rich  parents and grandparents. And a hell of a lot of my fellow students did the same because their families were wealthy, and the Catholic schools were predominantly white.

I grew up in a different time and place. My mother’s favorite sister was a principal back home in Wisconsin. Mom believed in public education and the schools in San Mateo County, California were outstanding so I always attended public schools.

Looking back, I’m amazed at how DIVERSE my high school was. We lived in middle class Foster City, but our group of students was diverse in and of itself with a slew of Jewish and Asian kids in the mix. Then, there were the white working class kids from Shoreview just across the Bayshore Freeway from San Mateo High. The neighborhood around the school itself was largely working class African-American and Hispanic. Finally, there were the upper middle class kids from San Mateo Park and the big money kids from Hillsborough. That was where people like the Hearsts and the Crosbys lived. I’ve been away for a long time, but I assume the demographics of many of these areas are different in 2018; except the wealthier ones. The rich are always with us.

Our school’s diversity is one reason so many of the schoolmates I’m still in touch with are howling liberals. It may not have always been pretty, but we learned how to deal with different types of people without thinking of them as the OTHER.

One year there was some racial tension but the problem was largely between rival groups of jocks; one group were white rough boys, the other black football players and their hangers-on. It didn’t last long. The two groups resumed picking on the stoners, which was easier and more profitable. Who could complain to the Vice Principal about their weed getting stolen? Not that I know about such things…

I had a protector among the white jocks or hard guys as they called themselves. Kelly lived around the corner from me, our parents were friends, and we played little league baseball together. He played shortstop and I rode the bench but I had access to free Giants tickets, which made me a popular kid. I was mildly roughed up by some high school jocks once. I told Kelly and it never happened again. Thanks, man.

High school was where I met guys like Brett Kavanaugh. There were some wealthy parents who sent their kids to San Mateo High: many were members of the “greatest generation” and were on the frugal side. Besides, the school was academically excellent and our football, basketball, and track teams were competitive.  Because of that we got many wealthy jocks who might have gone to private schools in another time and place.

As I watched Kavanaugh testify, I thought to myself “I know the type.” He was the sort of kid who kissed up and kicked down. Prep school jock asshole Brett thought he was better than everyone else, especially students with a vagina, not a penis. He was a boozy Eddie Haskell, the phoniest choir boy who ever sucked up to grown ups while simultaneously bullying kids weaker than himself.

Essentially, Brett Kavanaugh is Donald Trump with brains. He’s lied and bullied his way through life and sees no reason to change. We saw the real Brett Kavanaugh last Thursday. His mask repeatedly slipped as he ranted and raved about left-wing conspiracies.  Ken Starr may be proud of him but his lies and extreme partisanship make him unfit for the Supreme Court. He may have gone to the right schools but he seems to have drawn the wrong lessons from them.

Let’s circle back to my schooldays and give the Kinks, Paul Simon, and Steely Dan the last word with some contemporaneous music. I really need to post Kodachrome since I quoted it in the post summary.



Oct 01 2018
2 Comments
Adrastos, Gret Stet Politics, Law/Justice, Political Crack, Supreme Court, The Kavanaugh Mess

The Kavanaugh Mess: Monday Roundup

I vowed to take a break from the Kavanaugh mess until mid-week but like Michael Corleone in Godfather III:

I would never, however, wear a brown cardigan. Brown is not my color and who the hell wears a sweater in New Orleans?

The Kavanaugh nomination remains in limbo. It looks as if irony is not dead: the White House appears to be “rigging” the FBI investigation. Don McGahn *is* Kav’s friend so we shouldn’t be surprised. The only surprise is that Kavanaugh speaks to a non-Ivy League lawyer. It’s tolerant of him.

This weekend, I had several discussions on social media about what Kavanaugh’s small lies mean. While a stack of small lies do not necessarily add up to a perjury charge, they do damage Kav’s credibility, which *should* be important to a Supreme Court Justice.

Having said that, I agree that Kavanaugh’s wide array of lies under oath should be part of the investigation. There’s even an article in Politico about that very thing. Small lies often lead to big lies. I’m more concerned with stopping the nomination than prosecution since several of the undecided Senators have said lying under oath would be disqualifying. Whether or not they mean it remains to be seen.

Speaking of Tiger Beat on the Potomac, they have an  interesting piece about GOP strategy. Kavanaugh is getting conflicting advice as to whether he should go on the attack or lay low. I think he would be wise to dial it back since the fix may well be in. A certain rumpled Fascist fuck is quoted as saying:

“There’s no walking this thing back,” Steve Bannon, the former chief White House strategist, said in an interview Sunday night. “You get Kavanaugh, you’re going to get turnout. You get turnout, you’re going to get victory. This is march or die.”

Everything Bannon says sounds like it’s out of a World War II movie such as Operation Burma or The Sands of Iwo Jima.. Brett Kavanaugh is a far cry from Errol Flynn or John Wayne. Now that I think of it, he carried on like Flynn and drank like the Duke. Party on, Brett.

Speaking of drinking, regular reader Carroll tweeted an article at me about Kavanaugh’s boozy, boozy ways.

In addition to the cool story, I can add Nando to my acronym collection. It sounds a bit like NANU NANU. I wonder what Mork would make of the cosmic clusterfuck that is the Kavanaugh confirmation process? It’s a real suspender snapper.

In other Kavanaughpalooza news, the Guardian takes a closer took at Kavanaugh’s relationship with the notorious Porn Judge, Alex Kozinski. Kozinski used to serve as a feeder judge to his mentor Anthony Kennedy until the Porn Judge deservedly fell prey to the #MeToo movement. Kavanaugh has denied any knowledge of Kozinski’s lewd and lascivious ways, which many, including Slate’s Dahlia Lithwick, find hard to believe. Dahlia clerked on the 9th Circuit and was well-aware of what the Porn Judge was up to even though she did not work for him.

It’s time to bring this closer to home. My Bayou Brief publisher Lamar White Jr. wrote about the reaction of Gret Stet Senators Bill Cassidy and John Neely Kennedy to the Kavanaugh mess. Cue Groucho and the You Bet Your Life duck for the GOP’s magic word:

As far as I’m concerned, both solons are overcompensating for their Democratic pasts by being strident Kavanaugh supporters. My magic word is malakatude.

Finally, a tweet that popped up after the Ford-Kavanaugh hearing. Some dude noticed that Kav makes possum faces.

In Mark Judge’s book there was a character based on his prep school pal, so we’ve gone from Bart O’Kavanaugh to Brett Opossum.

It’s time for me to stop playing possum and give the last word to the greatest opossum in American history, Pogo:

Oct 01 2018
1 Comment
Free Republic, Supreme Court, The Kavanaugh Mess, Tommy T

Today on Tommy T’s Obsession with the Freeperati – hate-a-Flake edition

My goodness – did Jeff Flake step in it, or what?

President Trump Reacts to Jeff Flake’s Call For a Delay on Kavanaugh
Townhall.com ^ | September 28, 2018 | Katie Pavlich

Posted on 9/28/2018, 4:59:07 PM by Kaslin

Speaking from the Oval Office Thursday afternoon, President Trump responded to new calls by Senator Jeff Flake (R-AZ) to delay a full confirmation vote for Supreme Court nominee Judge Brett Kavanaugh until the FBI investigates sexual assault claims from nearly 40 years ago.

“I’m going to let the Senate handle that. They’ll make their decisions. They’ve been doing a good job and very professional. I’m just hearing a little bit about it because I’ve been with the president of Chile and were talking about some very important subjects. I’m sure it will all be very good. I guess the vote was a positive vote but there seems to be a delay. I’ll learn more about it as the day goes on. I just heard about it because we were together,” Trump said. “I’m going to rely on all the people, including Sen. Grassley who is doing a very good job. That is going to be a decision they are going to make and I suspect they’ll be making some decision soon whether to take a vote or do whatever else they want to do. I will be totally reliant on what Sen. Grassley and the group decides to do.

1 posted on 9/28/2018, 4:59:07 PM by Kaslin
Quick! Get the “13th dimensional chess” yahoos in here!!
To: Kaslin

 

The president was very calm when answering. He is already two steps ahead of the Dems and their puppet Flake.

4 posted on 9/28/2018, 5:01:59 PM by dowcaet

To: Kaslin

 

If Trump is this calm, things are ok… and the universe is unfolding as it should.

12 posted on 9/28/2018, 5:05:11 PM by hecticskeptic

TrumpSupporterManchurian
And of course, there’s the “broken promise” brigade :
To: Kaslin

 

He’s gotta quit being so freaking political. Grassley did not “do a great job” (quite the contrary – the guy was a disaster) and Ford was not a “fine woman”.

Start calling it straighter, Mr. President. We expect that of you.

7 posted on 9/28/2018, 5:03:52 PM by jstolzen

Expect in one hand and shit in the other….
To: Kaslin
It any way to lead or even communicate any support for your nominee. Rather, it says it’s ok to trash him and toss him under the bus
32 posted on 9/28/2018, 5:24:00 PM by faithhopecharity (“Politicians aren’t born, they’re excreted.” -Marcus Tillius Cicero (3 BCE))
To: Kaslin

 

Epic fail on Trump’s part. Does he want his nominee confirmed? Essentially not that much.

36 posted on 9/28/2018, 5:32:55 PM by Sam Gamgee

To: Paladin2

 

Yes but he just kneed his nominee in the groin.

59 posted on 9/28/2018, 6:47:46 PM by Sam Gamgee

I love it when you talk dirty.
One last weak defense:
To: max americana

 

Trump has at least a 6 year planning horizon.

56 posted on 9/28/2018, 6:35:57 PM by Paladin2

6 Years???
Try 6 minutes.

Tony Schwartz, who spent a year and a half with him as the ghostwriter for his best-selling The Art of the Deal in 1987, said the fact that Trump “has no attention span” should be an “explicit” issue in the current election. O’Donnell, who put out a tell-all book in 1991 but had kept quiet since then up until recently, wrote last month in his local paper that he’s “horrified” by the possibility of a President Trump partly because Trump’s “attention span was so small it was almost impossible to have a strategic conversation with him.”

Trump himself hasn’t exactly put these fears to rest with recent remarks. He told reporters from the Washington Post he doesn’t like to read long reports (“I want it short”), and he said on MSNBC he’s not overly worried about readying for the upcoming debates against assiduous policy wonk Hillary Clinton (“I’ve seen people do so much prep work when they get out there, they can’t speak”).

More Freeper flaking out below the fold…

Continue reading →

Tagged , , , , , , , ,
Sep 28 2018
3 Comments
Adrastos, Congress, Law/Justice, Michael F, Political Crack, Supreme Court, The Kavanaugh Mess

The Kavanaugh Mess: It’s Over (Not Quite)

The mess itself is not over but the possibility of defeating the nomination died this morning when, predictably, the Senator from Arizona flaked out. There are a few holding out hope that Collins and Murkowski remain undecided but I am no longer among them. Absent a miracle, the confirmation fight is over.

There were several reports last night that a “gang of four” including the aforementioned GOPers and Joe Manchin plan to vote as a bloc. The first time I saw that I knew that Judge Bro would be promoted to Justice Bro. I feel sorry for the three women justices and even sorrier for the country.

Nothing that Judiciary Committee Democrats did or said yesterday mattered. The Senate has been fundamentally changed by Mitch McConnell, what the minority thinks no longer matters.

The fact that the American Bar Association wants an investigation does not matter either. Angry white men want one of their own on SCOTUS and they will get their wish.

The fact that Republicans applied criminal law standards of corroboration and reasonable doubt to what is really a job interview shows that they followed the Thomas-Hill playbook. The only difference was that Senators did not yell at Christine Blasey Ford. They let Brett Kavanaugh and Lindsey Graham do the yelling instead.

I’m feeling alternately angry and numb this morning. I put a lot into covering this story. I made the mistake of thinking that Senate Republicans would act like rational politicians looking at the next election. Instead, they put all their chips on promoting Judge Bro to the Supreme Court. The voters need to make them pay for their short-sighted thinking.

Even though yesterday’s hearing was as much Kabuki theatre as Kangaroo court, Michael F provided me with an alternate image. I hate to waste such generosity. Here’s the earless version:

Image by Michael F

The last word goes to Roy Orbison. We could all use some beauty in our lives right now even if it comes from a sad song.

UPDATE: As of 1:45 CST, Senators Flake and Murkowski are withholding an aye vote on the nomination unless there’s a one-week long FBI investigation. That’s my current understanding but the situation is FLUID and CONFUSING. It’s up to the White House to re-open the background check.

Sep 27 2018
4 Comments
Adrastos, Congress, Law/Justice, Michael F, Political Crack, Supreme Court, The Kavanaugh Mess

The Kavanaugh Mess: Act Two Instant Analysis

My earlier post illustrates the perils of instant analysis. Christine Blasey Ford (CBF) was such an outstanding witness that I let my guard down and became overly optimistic as to the fate of the Kavanaugh nomination. The situation remains fluid but committee GOPers regained their equilibrium after the second act.

It’s not that Kavanaugh was a good witness: he was not. He yelled and spent his testimony defending his resume, not his character. Initially, I thought his lack of judicial decorum meant that he expected to lose. It turned out that he was playing to an audience of one: a man with even less class than Kavanaugh exhibited today. Despite crying and refusing to blow his nose, Judge Bro seems to have held on to the president’s* support.

I’ve never seen a judicial nominee be rude to senators and act like an Insult Comedian Junior. Kavanaugh even insulted the personification of Minnesota nice; Senator Amy Klobuchar. Judge Bro realized he’d gone too far and apologized to her. Wise choice: she’s one of the best liked members of Senate on both sides of the aisle. I suspect Don McGahn pointed out that Klobuchar is fairly tight with Collins and Murkowski. The Alaska senator remains a possible no vote but I’m putting away my crystal ball. She will not be the only Republican to vote no, which only gets us to 50-50 with Pence holding the tiebreaker.

It was easy to see the belligerent drunk described by CBF and many others as Kavanaugh shouted his way through his testy tetchy testimony. Hardcore Trumpers loved his act and Republican solons seemed re-invigorated by all the nastiness. It’s hard to doze off when a red-faced bro is shouting at you, after all.

Other high points were watching Chuck Grassley lose his shit and Lindsey Graham pitch an epic hissy fit: Bless his heart. Since Republicans clearly regard women as dispensable, they dispensed with the services of prosecutor Rachel Mitchell during the second act without so much as a thank you.

Where do we stand now? Unfortunately, I think we find ourselves where we started the day despite the compelling testimony of CBF. Kavanaugh is damaged goods, but he *might* have the votes. Then, again he might not. I am no longer certain of the outcome. It depends on how Kavanaugh’s ranty testimony went over with the undecided Republican Senators. The ball is in their court:  one of them, Ben Sasse, sounded like an aye vote during the hearing. I already covered Murkowski: she needs Republican company. As to Jeff Flake, his fine words rarely translates into action but anything can happen in this political environment.

I still think the political damage to Republican candidates caused by the hearing will be severe. In any other time and place, the Kavanaugh nomination would have been pulled. But we’re in the Trump era where the shameless run the show and the majority of GOP solons simply do not care about allegations of sexual assault. You cannot shame the shameless.

While it may be an insult to kangaroos to call this hearing a kangaroo court, I asked my friend and colleague Michael F to “help a brother out” with an image:

kanga_roo_doll_1

Image by Michael F

Sep 27 2018
2 Comments
Adrastos, Congress, Law/Justice, Political Crack, Stupid Republican Tricks, Supreme Court, The Kavanaugh Mess

The Kavanaugh Mess: Act One Instant Analysis

Christine Brasley Ford (hereinafter CBF) is a superb witness. She’s smart, emotional, wise, and absolutely credible. As a scientist, she is able to explain the science behind her own PTSD. As the husband of a med school professor, I am not surprised: they need to know how to present and explain things in terms that people can understand. Btw, I hate to fly but will do so if need be so I get what CBF said on that subject.

As to the GOP’s gambit to have Rachel Mitchell do the questioning, it’s a flop. The choppy format makes it impossible for her to get a rhythm going. She’s actually *helped* CBF’s credbility. That was not their intention.

Chairman Grassely is a blowhard and raging, gaping asshole. His incessant talk of procedure is off-putting and self-defeating Plus, he’s lost his shit more than once. The first time was with Minnesota Senator and former District Attorney, Amy Klobuchar. It’s bound to happen with Kamala Harris as well. I cannot wait.

I remain astonished that Republicans went ahead with this hearing. Even Fox News’ Chris Wallace is calling it a disaster for Republicans. As to the Insult Comedian:

I did not think they had the votes to confirm Kavanaugh before CBF’s testimony. Unless Kavanaugh gives the best performance of his life, nothing has happened to nudge undecided Senators to vote aye.

I’ve heard many people talk about the GOP’s willingness to commit political suicide over a Supreme Court seat. Nonsense. They’re politicians. Politicians always look at the next election. There is no way that the Turtle and GOP committee chairs are willing to cede power so Brett Fucking Kavanaugh can sit on the Supreme Court. Right-wing judges are a dime a dozen.

I can hear the knives sharpening at both ends of Pennsylvania Avenue.  Someone is going to knife Kavanaugh later in the day.

Stay tuned.

Sep 26 2018
Leave a comment
Adrastos, Law/Justice, Political Crack, So Called Liberal Media, Supreme Court, Television, The Kavanaugh Mess, Twitter

The Kavanaugh Mess: Like A Virgin

In the immortal words of Graham Parker, “I thought I was right, I was wrong” about a McConnell knifing leading to a Kavanaugh withdrawal to spend more time with his calendars. It remains unclear if they have the votes to confirm: Susan Collins seems to be snowed by this jerk but Lisa Murkowski appears to be genuinely undecided. In addition to concerns about Kavanaugh’s views on Native issues, there’s a huge #MeToo brouhaha back home in Alaska.

The post title is, of course, based on comments made by the skeezy nominee to Martha McCallum of Fox New who actually asked some tough questions:

We’re talking about an allegation of sexual assault. I’ve never sexually assaulted anyone. I did not have sexual intercourse or anything close to sexual intercourse in high school or for many years thereafter. And the girls from the schools I went to and I were friends —

It was McCallum who dropped the V word:

MS. MacCALLUM: So you’re saying that through all these years that are in question, you were a virgin?

JUDGE KAVANAUGH: That’s correct.

MS. MacCALLUM: Never had sexual intercourse with anyone in high school?

JUDGE KAVANAUGH: Correct.

MS. MacCALLUM: And through what years in college since we’re probing into your personal life here?

JUDGE KAVANAUGH: Many years after. I’ll leave it at that.

There’s a logical fallacy in the Like A Virgin defense. It does not preclude sexual assault. It’s not uncommon for sexual predators to be “virgins” when it comes to consensual sex.

The other problem with the Like A Virgin defense is that Kavanaugh pledged Deek (DKE) and I suspect that virgins are barred by that rowdy fraternity. In a NYT story about the charges that Kavanaugh flashed and humiliated Debbie Ramirez, a schoolmate described the Supremes wannabe as follows:

One woman remembers Judge Kavanaugh’s wearing a leather football helmet while drinking and approaching her on campus the night he was tapped for DKE. She described his grabbing his crotch, hopping on one leg and chanting: “I’m a geek, I’m a geek, I’m a power tool. When I sing this song, I look like a fool.”

That’s a far cry from Boola Boola or The Whiffenpoof Song.

A fellow Yalie disputed the Like A Virgin defense on the tweeter tube:

Brett Kavanaugh lie? Never, he said in a voice dripping with sarcasm. Mendacity and sexual assault are two things he has in common with the sexist horndog who nominated him.

Speaking of the Insult Comedian, he went after Debbie Ramirez after being laughed at by the UN General Assembly:

 “Charges come up from 36 years ago that are totally unsubstantiated? I mean, you as watching this, as the president of a great country – Colombia – you must say, ‘How is this possible?’ Thirty-six years ago? Nobody ever knew about it? Nobody ever heard about it? And now a new charge comes up,” Trump said.

“And [Ramirez] said, ‘well it might not be him’ and there were gaps and she said she was totally inebriated and she was all messed up. And she doesn’t know it was him, but it might’ve been him. ‘Oh gee, let’s not make him a Supreme Court judge because of that.’ This is a con game being played by the Democrats.”

The First Flim-Flam Man certainly knows about con games. His presidency* is an ongoing one, after all.

Ms. Ramirez is Puerto Rican. The fact that Trump attacked her is not exactly a surprise. Perhaps he totally confused her with San Juan Mayor Carmen Yulin Cruz. “Them people” all look alike to bigots like Donald Trump. Totally.

Another appalling Kavanaugh story popped up in the Failing NYT, the “Renate alumni” story. It involves high school yearbook comments by Kavanaugh and his krewe of drunken, rapey jocks. Here’s what an old pal and fellow original NOLA blogger had to say about this chilling episode:

A few more things about the Kavanaugh interview. First, it’s a sign of how worried GOPers are. Supreme Court nominees do NOT give teevee interviews. Second, Kavanaugh’s defense came off as robotic. It involved spewing out sound bites likely cooked up by former Roger Ailes enabler, Hannity pal, and current Trump lackey Bill Shine. Here’s one of them:

That’s right, Kavanaugh went from Like A Virgin to Like A Robot in one fell swoop, or in his case, one drunken stupor.

There’s one more aspect of tomorrow’s hearing that’s so squirrelly that they should give Judiciary Committee GOPers an acorn. They’ve hired outside counsel so Chuck Grassley, Orrin Hatch, John Neely Kennedy, and their ilk have fewer opportunities to make Cavemanic comments.

The outside counsel, Rachel Mitchell, is an experienced sex crimes prosecutor in Maricopa County, Arizona. But here’s how Chinless Mitch described her:

A female assistant? What is she: a waitress? Does the Turtle plan to tip her? She’s an experienced lawyer for fuck’s sake. Can’t you lot even show some respect for a woman on your side?

Precious little is known about Ms. Mitchell. Josh Marshall unearthed an interview she did with a far right “fundamental Baptist” publication. Also, why a lawyer who prosecutes sex crimes against children? The hearing is not a trial, it’s a job interview. The only children involved are GOP solons.

I have a hunch that they were unable to find a woman lawyer in DC who was willing to do Senate Republicans’ dirty work. It’s time to recycle one of my favorite recent lines:

The last word goes to Madonna with a song that Brett Kavanaugh surely drank to during his Yale salad days:

INSTANT UPDATE: While I was writing this post, Michael Avenatti revealed the identity of his client and demanded an FBI investigation:

Sep 24 2018
5 Comments
Adrastos, Congress, Law/Justice, Political Crack, Supreme Court, The Kavanaugh Mess, Twitter

Another Fine Kavanaugh Mess Redux

I originally planned to write a non-Kavanaugh Mess post this morning. I was naive. I should have known that all hell was going to break loose when I took a break from political news yesterday.

As you have surely heard by now, the New Yorker’s Jane Mayer and Ronan Farrow have published another credible account of sexual misconduct by Brett Kavanaugh. This time it was while he was student at Yale and the accuser is a former classmate, Deborah Ramirez. In her student days, she was apparently a prim and proper type who preppie louts like Kavanaugh enjoyed taunting. Her story involves excessive drinking, flashing, ritual humiliation, and a dildo. I am not making this up. It almost makes one nostalgic for the quaint days when Douglas Ginsburg withdrew his SCOTUS nomination because he smoked pot.

Here’s what some smart ass had to say about it last night on the tweeter tube:

The dildo story reminded me of a bizarre moment from 1991:

Increasingly, the Kavanaugh story is about privilege. The younger Kavanaugh comes off as an entitled prick who thinks his preppie pedigree allowed him to do whatever the hell he wanted. To say that the combination of alcohol, testosterone, and entitlement is a toxic cocktail is a grotesque understatement.

One mystery of the Kavanaugh mess is why he didn’t try the “repentant former drunk” gambit that was used by his ex-boss, George W. Bush. When the Blasey Ford charges emerged, it would have been wise to have said something like this: “When I was young, I had a terrible drinking problem. I drank until I blacked out and do not remember what happened when I was in that condition.” Such a confession might have served him well but it’s too late for what the Watergate creeps called a modified limited hangout.

Adding to Kavanaugh’s political hangover is the fact that Michael Avenatti joined the fray last night with a third entry in the Brett Kavanaugh sexual predation  sweepstakes:

In typical Avenatti attack dog fashion, he went  directly after Judge Flasher:

Does anyone want this guy up in their shit?

I’ve come to the conclusion that Brett Kavanaugh’s nomination is doomed. This shitshow has spattered every Republican involved. The reason Senate GOPers were so frantic to advance the vote is that they knew of the Ramirez allegations last week as they “negotiated” with Dr. Ford’s lawyers. This tweet by a former aide to Eric Holder nails the import of this move:

The end game is in sight. Here’s one possible scenario: Mitch McConnell will dispatch one of his minions to brief reporters in an off-the-record gaggle setting. The designated leaker will knife the nominee by telling the press that Kavanaugh does not have the votes and should withdraw. Presumably, the withdrawal cake will be baked and Kavanaugh will step aside so he can spend more time with his calendar. Then, McConnell will give an interview to Politico and/or Axios who will spin it as a some sort of victory for the “wily” majority leader.

There’s no way the deeply cynical McConnell is willing to die on the proverbial hill for a nominee he did not want to put forward in the first place. This is Trump’s debacle: he was so focused on his own legal problems that he didn’t listen to his allies on the Hill. Heckuva job, Trumpy.

Republicans will  try to use the Kavanaugh fiasco to gin up their evangelical base but the impact among women voters is likely to far outweigh that. As I’ve said before, this is a lose-lose situation for the GOP, and their attempts to cover-up the second allegation and rush to a committee vote has already blown up in their faces. Repeat after me: if Kavanaugh has done nothing wrong, why are he and Senate GOPers  opposed to the FBI re-opening the background check? This is how guilty people act, not those with nothing to hide.

I decided to stick my neck out and make some predictions because I can no longer see a path to confirmation for Brett Kavanaugh. Could I be wrong? Hell, yes. Nothing surprises me any more.

Finally, I no longer expect a hearing on Thursday; sometime in the next 24-48 hours, Kavanaugh, like the old school Catholic he claims to be, will practice the withdrawal method and exit stage right.

LATE AFTERNOON UPDATE: Mitch McConnell gave a speech blaming Democrats for the Kavanaugh nomination going haywire. I’m not sure if this means he’s digging his heels in and plans to fight or if this is the prelude to cutting Kavanaugh loose. If Republicans are thinking rationally, they’ll cut their losses. I still don’t think the Turtle is willing to jump off a cliff to save Kavanaugh but if he does, Democrats win politically.

Stay tuned.

Sep 21 2018
2 Comments
Adrastos, Congress, Law/Justice, Political Crack, Stupid Republican Tricks, Supreme Court, The Kavanaugh Mess, Twitter

The Kavanaugh Mess: Reckless Disregard

Senate Republicans aren’t the only ones willing to do anything to secure a right-wing majority on the Supreme Court. Enter Ed Whelan who is a major player in the DC conservative legal establishment as well as a friend and associate of Federalist Society honcho Leonard Leo and a certain sleazy Supreme wannabe, Brett Kavanaugh.

In what could be described as death by twitter, Whelan posted a wildly conjectural thread that has already been deleted, followed by an apology to the man he libeled. Here is Josh Marshall’s distillation of the excised thread:

Ed Whelan, a key player in DC’s conservative judicial establishment, posted a lengthy twitter thread in which he made a highly conjectural argument that the accusation against Brett Kavanaugh is actually a case of mistaken identification and that Prof. Blasey Ford’s alleged attacker was actually a classmate of Kavanaugh’s named Chris Garrett.

Garrett is now a middle school teacher in Georgia and had actually signed a letter which a number of Kavanaugh’s classmates sent to the Senate in July attesting to Kavanaugh’s character. Blasey Ford put out a statement tonight stating categorically that she knew both Kavanaugh and Garrett at the time and that there is no way she could have mistaken one for the other.

It’s worth stepping back and contemplating just how wild and reckless an action this was. There’s really no way for me to capture the zaniness of Whelan’s argument. You can read it here. Suffice it to say it’s far-fetched an makes the most serious of accusations based on the flimsiest of conjectures.

There are two key pieces of context that are critical to understand. Whelan didn’t just spin out some hypotheticals. He clearly pointed the finger at a man who is not a public figure in any way and argued that he was likely the one who attempted to rape Blasey Ford. At the end of his thread he drew back and said he didn’t know specifically what had happened that night … but it was clear what he meant and what he was saying. This is almost certainly libelous.

The other point is that Whelan is not some random on Twitter or an eccentric but little known activist. He is close friends with Kavanaugh and Leonard Leo, the head of the Federalist Society, the group that chooses and then organizes the confirmation strategies for these nominees. Whelan is also close to Don McGahn, the White House Counsel who is formally in charge of shepherding Kavanaugh’s nomination through the Senate. Whelan is part of the very top handful of activists who play in this space.

I may be a lapsed lawyer but I know libel when I see it: a private citizen was dragged into the Kavanaugh mess and accused of committing a crime without a shred of proof. It’s called reckless disregard for the truth. Whelan’s defenders might say that there’s an Absence of Malice but Paul Newman and Sally Field beg to differ.

You didn’t think I could get through a Kavanaugh mess post without, uh, posting a movie poster, did you? That’s well-nigh imposterable…

It’s time for an early edition of Separated At Birth. Here’s the side-by-side picture Whelan used to “document” his mistaken identity/doppelgänger theory:

Kavanaugh is on the right, Garrett on the left. The two look like suburban preppies who plan to pledge to a frat when they go to college. Btw, Kavanaugh is a Deke (DKE) which is one of the rowdiest and most entitled fraternities around. That explains a great deal about him.

The biggest question about Doppelgängergate is what did Kavanaugh know and when did he know it? Wingnut twitter was buzzing for days over a “revelation” that would crack the Ford-Kavanaugh case. My belief is that it’s part of a co-ordinated strategy to save Kavanaugh’s worthless ass. Former GOP operative Steve Schmidt, who knows Whelan, does too:

Thus spake a former Republican hack who has forsaken the party of Trump. Twitter giveth and twitter taketh away.

In a sane world, this would doom the Kavanaugh nomination and he would withdraw in shame over the company he keeps. In the shameless Trump era, who the hell knows? It does, however, prove the accuracy of a meme I first posted on August 8th:

UPDATE: Josh Marshall has preserved the nutbar Whelan twitter thread for posterity.

Sep 20 2018
1 Comment
Adrastos, Congress, Film, Fog Of History, Law/Justice, Political Crack, Supreme Court, The Kavanaugh Mess

Another Fine Kavanaugh Mess: The Big Bluff

Remember when Senate Republicans were in disarray on the Kavanaugh nomination? That was so Monday. They’ve moved on to the lie, deny, and misdirect phase of the nomination process.

Last night Lawrence O’Donnell scorched Chuck Grassley and Orrin Hatch for their blatant hypocrisy:

A quick summary: Grassley and Hatch demanded that the FBI re-open its background check into Clarence Thomas to investigate Anita Hill’s charges. The Bush White House ordered the FBI to proceed. It took only a few days. The notion that checking out the credibility of Dr, Blasey’s story is “not the FBI’s thing” is another lie from a GOP ruthlessly determined to win at all costs. It’s what they do. Remember Merrick Garland.

A look at the facts behind the Thomas-Hill mess shows that Dr. Blasey is being treated worse than Anita Hill before she appeared before the Judiciary Committee. It would be hard to top the lurid questions of Hatch and former Senators Specter and Simpson. I would hope that current GOPers would at least be able to pronounce Long Dong Silver correctly. In 1991, Hatch referred to that porn performer alternately as Long Don or John Silver. I guess he was thinking of this dude:

There’s an interesting profile of Christine Blasey Ford  in the Failing New York Times. She comes off as an impressive and accomplished woman. That is exactly why Senate Republicans are trying their damnedest to make it impossible for her to testify publicly. These are the same Senators behind the Merrick Garland mess, so their protestations of fairness and compassion ring hollow.

Senate GOPers do not want a FBI background checkup because they’re afraid Brett Kavanaugh will lie to the FBI, which is a crime; just ask Mike Flynn. Kavanaugh has already lied to the Senate, after all.

The mere fact that Dr. Blasey is willing to speak to the FBI enhances her credibility Besides, the only time people make up sexual assault allegations is when there’s something in it for them, and that’s still exceedingly rare. There’s nothing but heartache, humiliation, and harassment in this for Dr. Blasey.

On a human level, I understand why Christine Blasey Ford would not want to testify. I hope she does because the rushed GOP timeline/deadline is a big bluff. Here’s how Slate’s Jim Newell, who is one of the savviest observers of Congress, ended his piece this morning:

Republican leaders didn’t want Ford to testify in a public hearing in the first place, and they still don’t. Her credible testimony, with or without additional witnesses or background investigations, is the one and only fatal threat to Kavanaugh’s nomination. As one very prominent Republican said Wednesday morning, “if she shows up and makes a credible showing, that will be very interesting and we’ll have to make a decision.”

I would hate to be in Christine Blasey Ford’s shoes right now. Her attorney’s request for the FBI to look into the Kavanaugh mess is not only reasonable, but is in line with the Hill precedent. Public testimony will be painful BUT if she folds her hand, Kavanaugh will be confirmed. It’s unclear that the Republicans have a backup plan if she agrees to Grassley’s extortionate terms. It’s up to her. I hope she calls their big bluff.

That concludes another post chock-full-o-old movie references. I had hoped to post an image of Laurel and Hardy cutting neckties but could not find one. This will have to do:

Substitute Orrin Hatch or Chuck Grassley for Ollie and you get the idea.

Here’s hoping the last laugh will be on Senate Republicans:

UPDATE: Team Blasey Ford has called the GOP’s bluff. The fluidity index, if there is such a thing, on this story remains high.

← Older posts