The unraveling of Brett Kavanaugh’s privilege bubble continues. Can those ugly old white male Republicans rescue him from all the women that want his heads on a platter. Yes, both of them!
Okay, where to start …
How about something written by Jia Tolentino for The New Yorker to get our day started. Here’s the headline: “After the Kavanaugh Allegations, Republicans Offer a Shocking Defense: Sexual Assault Isn’t a Big Deal”. I’m actually thinking they’ll NEVER learn.
Ever since the professor Christine Blasey Ford revealed that she was the woman who had accused the Supreme Court nominee Brett Kavanaughof sexual assault, in a previously confidential letter, the conservative attempt to protect Kavanaugh from her story has been, to put it mildly, forceful. Ford claims that, in the early nineteen-eighties, when they were both attending prestigious private high schools in suburban Maryland, Kavanaugh attempted to rape her at a party. Republicans have framed this story as a craven act of character assassination rather than an account worth investigating before Kavanaugh receives a lifetime appointment to make pivotal decisions for the future of the nation—including decisions about, for example, the options that will be available to women if they get pregnant after being raped.
Kavanaugh says that Ford’s story is not true. He told the Washington Post, “I categorically and unequivocally deny this allegation.” Some of his allies appear to have settled on a strategy of insisting that Ford is simply mistaken—that she may well have been assaulted, but that it must have been someone else. (This theory quickly reached “Twin Peaks” levels of absurdity, with a conservative Post contributor writing a column titled “Is There a Kavanaugh Doppelganger?”) Other Kavanaugh supporters believe that Ford is outright lying, for political purposes. The conservative commentator Erick Erickson, who tweeted that he does not find the allegations “credible in any way, shape, or form,” later wrote, referencing Roe v. Wade, “Y’all, I’m sorry, but I have little patience for a group of people willing to destroy an innocent man so they can keep killing kids. And that’s exactly what this is about.”
But a startling number of conservative figures have reacted as if they believe Ford, and have thus ended up in the peculiar position of defending the right of a Supreme Court Justice to have previously attempted to commit rape—a stance that at once faithfully corresponds to and defiantly refutes the current Zeitgeist. These defenders think that the seventeen-year-old Kavanaugh could easily, as Ford alleges, have gotten wasted at a party, pushed a younger girl into a bedroom, pinned her on a bed, and tried to pull off her clothes while covering her mouth to keep her from screaming. They think this, they say, because they know that plenty of men and boys do things like this. On these points, they are in perfect agreement with the women who have defined the #MeToomovement. And yet their conclusion is so diametrically opposed to the moral lessons of the past year that it seems almost deliberately petulant. We now mostly accept that lots of men have committed sexual assault, but one part of the country is saying, “Yes, this is precisely the problem,” and the other part is saying, “Yes, that is why it would obviously be a non-issue to have one of these men on the Supreme Court.”
Go read the long form for a round up of all the rape apologia going on among white male elites who just want to be able to do the fuck what they want with women.
And, yes … some dude came up with an entire conspiracy theory just to prove Kavanaugh’s accuser was likely dazed and confused. This is from Margaret Hartmann writing for New York Magazine. Here’s the headline: “Kavanaugh Backer Presents Bonkers Theory: Christine Ford Was Assaulted by Judge’s Doppelgänger”. Try not to scream too loudly.
The sexual assault allegation against Brett Kavanaugh has put Republicans in quite the jam. On the one hand, they think failing to put Kavanaugh on the Supreme Court in the next few weeks will hurt them in the midterms, and maybe even prevent them from putting another conservative on the Court. On the other hand, it’s no longer acceptable to dismiss women alleging sexual misconduct as “a little bit nutty and a little bit slutty.”
A few more moderate Republican senators successfully pushed to let Christine Blasey Ford testify before the Senate Judiciary Committee, while rejecting her request for an FBI investigation into her allegation. Meanwhile, Kavanaugh backers have already come up with a theory that exonerates him, without calling Ford a liar. Earlier this week, Senator Orrin Hatch said Kavanaugh told him “he didn’t do that, and he wasn’t at the party,” so clearly Ford must be “mistaken.” The same possibility of mistaken identity was floated by The Wall Street Journal editorial board, and by the Washington Post columnist Kathleen Parker, who mused, “Could there be a Kavanaugh doppelganger?”
Ed Whelan, a former law clerk to Justice Antonin Scalia and the president of a think tank called the Ethics and Public Policy Center, took this theory to a new, wildly irresponsible place on Thursday night, actually identifying a classmate of Kavanaugh’s at Georgetown Prep, and suggesting that he, not the future judge, might have attempted to rape Ford.
The tweetstorm showed the results of Whelan’s internet sleuthing. The supposed evidence (which we are not embedding because there’s no reason to think the classmate was actually involved) includes:
• Real estate photos of the home where Whelan thinks the incident might have occurred, based on Ford saying the house was “not far from” the Columbia Country Club.• A floor plan that shows that the upstairs bathroom is across from a bedroom in this house, just like Ford described.
• And finally, the big reveal: 35 years ago, this was the home of a Georgetown Prep student who looks kind of like Kavanaugh and was also friends with Mark Judge (who was allegedly present during the assault). Yearbook photos and a current photo of the classmate are provided for comparison to Kavanaugh.
As Twitter users discussed the irony of the head of the Ethics and Public Policy Center possibly being sued for defamation, Whelan added a disclaimer…
Jonathan Swift of Axios reports that the entire White House is trying to sit on Trumpers to make sure he doesn’t attack Dr. Blasey Ford. It must be a Herculean effort.
A source who has been talking to President Trump throughout the Kavanaugh crisis told Axios that “you have no idea” how hard it has been to keep him from attacking his Supreme Court nominee’s accuser.
A White House official said yesterday: “Hopefully he can keep it together until Monday. That’s only, like, another 48 hours right?” It didn’t last that long: this morning, a few hours after this story posted, the president cast doubt on Ford’s allegation on Twitter.
- At a rally in Las Vegas last night, Trump praised Kavanaugh and added with rare restraint: “I’m not saying anything about anybody else. … So we gotta let it play out. … I think is everything is going to be just fine.”
Be smart: Kavanaugh’s Republican strategists are holding it together, but are still nervous about the unknowns — and nervous about additional stories.
- There’s a constant rumor mill that X publication has more female accusers. (Yesterday’s rumor circulating Trumpworld was that it was the WaPo. Over the weekend, the rumor was Ronan Farrow.) Just very feverish.
Testimony in limbo: Lawyers for Kavanaugh’s accuser, Christine Blasey Ford, told the Senate Judiciary Committee that it’s “not possible” to appear Monday (“and the Committee’s insistence that it occur then is arbitrary in any event”), but that she could testify later in the week, CNN reports.
- “Ford’s lawyer made clear that at no point … could Ford be in the same room as Kavanaugh.”
- “There was also a request that Kavanaugh testify first at the hearing — which a … source said … committee Republicans were unlikely to grant.”
More stuff spins off as the rumors spun yesterday about The Tiger Mom grooming female law clerks to look like models for Kavanaugh caused Yale Law School to open an investigation.
The dean of Yale Law School on Thursday responded to reports that a prominent professor at the school had advised students seeking judicial clerkships with Brett Kavanaugh on their physical looks, saying the reported allegations of faculty misconduct are “of enormous concern” and calling on anyone affected to come forward.
According to reports in The Guardian, the Huffington Post and Above the Law, Amy Chua, a professor at the law school, would advise students on their physical appearance if they wanted to seek a clerkship for Kavanaugh. Specifically, Chua would help potential applicants to have a “model-like” appearance.
In a letter Thursday to the law school community, Yale Law School Dean Heather Gerken wrote that she wanted to “address the press reports today regarding allegations of faculty misconduct” and that “the allegations being reported are of enormous concern to me and to the School.”
Polls show Kavanaugh’s popularity is giving the Bork bottom a run for its money. Even Conservative Women don’t like or trust Kavanaugh.
THE BIG IDEA: The nationally syndicated conservative talk radio host Dennis Prager argued passionately that professor Christine Blasey Ford’s allegations that Supreme Court nominee Brett Kavanaugh attempted to rape her and covered her mouth when she screamed for help during a party in the 1980s “should be ignored.”
“Even if true, they tell us nothing about Brett Kavanaugh since the age of 17,” Prager, 70, wrote for National Review. “When my wife was a waitress in her mid teens, the manager of her restaurant grabbed her breasts and squeezed them on numerous occasions. She told him to buzz off, figured out how to avoid being in places where they were alone, and continued going about her job. That’s empowerment.”
The intense blowback to this piece from women across the ideological spectrum, especially younger women on the right and even at the magazine, has put into stark relief the chasm in attitudes toward sexual assault that continue to exist across generations and genders.
“Conservatives can never advocate ignoring allegations of sexual assault or diminish the importance of protecting women from abuse,” writes National Review staff writer Alexandra DeSanctis, who is in her mid-20s and two years out of college. “No moral society can overlook, downplay, or otherwise dismiss behavior as grave as what Ford alleges Kavanaugh did … To suggest otherwise is deeply perverse. … Prager’s argument in defense of Kavanaugh is destructive to the conservative movement. It is uniquely wounding to conservative women.”
There are a lot of washed up old white men that need to retire and doter their way to retirement and out of the news cycle. I’d like to include Joe Biden in that one. Doesn’t this just enrage you? From NBC News: “Biden: Senate must treat Kavanaugh accuser Ford better than Anita Hill”. This from the man of the no apology apology,
Former Vice President Joe Biden on Friday cautioned senators to treat the woman who has accused Supreme Court nominee Brett Kavanaugh of sexual assault better than the Senate treated Anita Hill 27 years ago.
“Anita Hill was vilified when she came forward by a lot of my colleagues,” Biden said during an exclusive interview with NBC’s “Today.” “I wish I could have done more to prevent those questions and the way they asked them.”
“I hope my colleagues learned from that,” he said. In 1991, Hill came forward with sexual harassment allegations during the confirmation hearings of Supreme Court nominee Clarence Thomas. At the time, Biden was the chairman of the Senate Judiciary Committee and oversaw the hearings. Biden faced criticism for the way he handled the hearings, and for letting senators grill Hill with questions about her encounters with Thomas.
“I hope that they understand what courage it takes for someone to come forward and relive what they believe happened to them,” he said.
You’re free to draw your on conclusions on this but my bottom line is I will never vote for this man because he kept other women from telling similar stories that could’ve shown Anita Hill as one part of a pattern. That’s just the first of my complaints about Mister “Grabby Hands” on the campaign trail Biden.
I want to read more of this: “The Case for Impeaching Kavanaugh, If the Democrats win the House this fall, they can investigate the charges against him, should he be confirmed” by Ronald J. Krotoszynski Jr., a professor at the University of Alabama School of Law. writing for NYT.
Of course, even if the House impeached Mr. Kavanaugh, it would still take a two-thirds majority in the Senate to convict and remove him from the Court. But the Senate vote would surely have at least something to do with the merits of the House’s case: If a full and fair investigation shows that Mr. Kavanaugh has lied regarding the incident — he has denied it categorically and says nothing even remotely like it ever occurred — Republican senators may find it hard to vote “no” in the #metoo era. It would be a terrible blow to the legitimacy of the Supreme Court, of course, but this is the risk that Senators McConnell and Grassley seem willing to take.
Moreover, an impeachment investigation could also encompass allegations that Mr. Kavanaugh has committed perjury before the Senate, twice, related to his work on the nomination of District Judge Charles Pickering to be a judge on the Court of Appeals for the Fifth Circuit. Under oath, both in 2006 and in 2018, he said he had no involvement with the White House strategy sessions associated with Judge Pickering’s nominations. Subsequently released emails, involving these sessions, suggest that these answers were at best misleading and at worst totally false.
Attending a strategy session as a White House staffer is not a crime. Lying under oath to the Senate Judiciary Committee, on the other hand, is. Perjury would be a perfectly justifiable, and constitutional, basis for impeachment.
An important caveat: Congress must take care to maintain the constitutional convention that has existed since the failed impeachment of Justice Chase. Federal judges, including members of the Supreme Court, should not be impeached based on their judicial rulings or philosophy. Accordingly, if the House were to initiate impeachment proceedings against Justice Kavanaugh in 2019, such proceedings should be strictly limited to questions associated with his alleged intentional and deliberate efforts to mislead the Senate about his character and fitness to serve.
We do not know the truth of the troubling allegations against Judge Kavanaugh. But, before someone is confirmed to the Supreme Court, good faith efforts to discover the truth should be made. And if the Senate won’t conduct a credible investigation now, the House should offer its assistance next year.
So, let me end with this from CNN: “Where negotiations stand between Kavanaugh’s accuser and Republicans”.
The impasse is broken — sort of.
After days of communicating through sternly worded letters and media appearances, all the relevant parties — Debra Katz, the lawyer representing Christine Blasey Ford who accused Supreme Court nominee Brett Kavanaugh of sexual assault, and both the majority and minority staff of the Senate Judiciary Committee — are now negotiating the details of a public hearing.
Congressional aides briefed on the process say there is still a lot of detail to iron out, but all agree that after last night’s call between the parties, a hearing next week is more than likely.
Bottom line: Keen observers this week have predicted this was coming — that much of what we were seeing, the back and forth, the letters, the silence at times, was part of an overall strategy to set the best terms for each side.
That appears to be the case. Nothing is set yet — and nothing will be set until Senate Judiciary Chairman, Republican Chuck Grassley of Iowa, gets sign off from the other 10 Republicans on the committee. But all signals are pointing to a hearing in the latter half of next week.
The conditions — and where they stand
These are the key conditions laid out by Katz, per multiple sources with direct knowledge, or briefed on, the call last night. Of note: those sources said they didn’t view all as red lines — just a few. That is why most believe they are on the road to the hearing.
- The hearing cannot be on Monday. That’s not negotiable and is a red line. Katz proposed this Thursday; it’s possible, but not by any means set at this point.
- Ford will not ever be in the same room as Kavanaugh. This also wasn’t negotiable, but it’s not a huge ask — witnesses can be separated and enter/leave at different times. It’s not an extraordinary request.
- Safety. This was the other key non-negotiable. Ford must be made to feel safe, which, given the threats that Katz laid out that have been directed toward Ford since this was all made public, is understood by all parties.
- Kavanaugh must testify first, before Ford. This, according to congressional aides, is a non-starter. It’s not how the committee works, and given Kavanaugh would need to respond to Ford’s testimony, will not occur.
- No outside counsel to ask questions. Republicans on the committee agreed to hire outside counsel — a woman, with experience on these issues — to ask the bulk of the questions at the hearing. This is due to both optics (all 11 GOP members are men) and order (concern that the hearing would be deemed too quickly a political circus). Katz said this would make the hearing appear too much like a trial. This wasn’t viewed as a red line by Republicans, according to the sources, and wasn’t agreed to. It will be discussed amongst committee members and staff.
- The possibility of a subpoena for Kavanaugh friend Mark Judge, who Ford alleged in her letter was also in the room at the time of the alleged assault. This is a non-starter for Republicans, who are firmly against allowing anyone outside the committee dictate who or what to subpoena.
- It was made clear that it is still the preference of Ford and her legal team that the White House order an expanded background investigation. Republicans have not — and don’t plan to — agree to that, countering that their staff has been doing that work the last few days. Sources familiar with the call didn’t view the request as any sort of red line — just a preference. One that, at this point, won’t be accepted.
What’s on your reading and blogging list today?
Two new books explore the power of women’s rage. One is already available and the other will be released on October 2. The first is Rage Becomes Her, by Soraya Chemaly. The second is Good and Mad, by Rebecca Traister. There couldn’t be a more appropriate time for these books and for women to embrace their righteous rage.
Just a short time ago, we saw Serena Williams viciously attacked for defending herself against an unfair tennis umpire in milder ways then men have been getting away with for decades. And now we have the spectacle of old white Republican men bullying a survivor of sexual abuse because she dared to speak out publicly about the man they desperately want to install on the Supreme Court.
Women are sick and tired of being pushed around–at least millions of us are. We are sick of being treated like property and being told we shouldn’t be able to make choices about our own bodies and our own futures. After hundreds of years of struggle, women are finally “allowed” to hold positions previously forbidden to us–doctors, lawyers, professors, Senators. But we still earn less money than men and we are still expected to accept being sexually harassed on the job, sexually assaulted, and beaten by our husbands and boyfriends. When we dare to speak out about male violence, we are expected to deal with death threats, rape threats and having our personal information posted on the internet.
On Tuesday I wrote about being triggered by the Brett Kavanaugh attempted rape controversy and the ugly reaction by the old white men of the Senate Judiciary Committee. Yesterday, my rage at this situation became so all-consuming that I felt as if I were having an out-of-body experience. Today, I’m a little calmer, but still angry as hell. I know I should try to detach from this controversy, but I can’t. It feels too important.
That’s all I can write for today. I’m going to list some important articles I’ve read yesterday and this morning. I just don’t have the strength to do excerpts, sorry.
Please don’t miss this one by Elizabeth Bruenig at The Washington Post: Twelve years ago, Amber Wyatt reported her rape. Few believed her. Her hometown turned against her. The authorities failed her.
Isaac Chotiner at Slate: An Interview With the Psychiatrist Who Says White House Officials Called Her With Concerns About Trump.
The New York Times: From the Anonymity of Academia to the Center of a Supreme Court Confirmation.
Sandra Newman at The Washington Post: Want to help prevent rape? Withdraw Kavanaugh’s nomination.
Thiru Vignarajah at The Washington Post: Kavanaugh’s accuser deserves a fair criminal investigation.
Washington Post Fact Checker: Brett Kavanaugh’s unlikely story about Democrats’ stolen documents.
Lili Loofbourow at Slate: Men Are More Afraid Than Ever. Why Kavanaugh advocates would rather defend malfeasance than deny it.
HuffPost: Everything You Know About Obesity Is Wrong.
This is an open thread. Have a nice day and embrace your anger!
NO, it is not The onion…
Donald Trump suggested the Spanish government tackled the Mediterranean migration crisis by emulating one of his most famous policies and building a wall across the Sahara desert, the country’s foreign minister has revealed.
According to Josep Borrell, the US president brushed off the scepticism of Spanish diplomats – who pointed out that the Sahara stretched for 3,000 miles – saying: “The Sahara border can’t be bigger than our border with Mexico.”
Trump wooed voters in the 2016 election with his promise to build a “big, beautiful wall” across the US/Mexico border, which is roughly 2,000 miles long.
A similar plan in the Sahara, however, would be complicated by the fact that Spain holds only two small enclaves in north Africa – Ceuta and Melilla – and such a wall would have to be built on foreign territory.
Borrell’s comments were made at a lunch event in Madrid this week and widely reported in the Spanish media. “We can confirm that’s what the minister said, but we won’t be making any further comment on the minister’s remarks,” said a spokesman for the foreign ministry.
But let’s get down to more serious matters, like this news from last evening…another notch to add to tRump’s wall of shame.
Moving on to Dr. Ford:
I know this post is late, so here are the funnies:
Actually, I could finish it with that single cartoon. Powerful stuff there.
Put that Duterte cartoon into a tRump context….
And on that note…this is an open thread.
I’m sure I’m not alone in this, but the whole Kavanaugh thing has really triggered my PSTD. I haven’t been able to sleep much at night, I wake up early, and then I fall asleep in the afternoon. I feel disgusted and depressed by the entire ugly episode. It was bad enough that Republicans were determined to confirm a political operative whose main goal in life seems to be to curtail the rights of women and hand corporations the power to rip off and poison Americans, but now we may get a reprise of the Anita Hill hearings.
I’m glad that Christine Blasey Ford has come forward with her story of being nearly raped by Trump’s SCOTUS pick, but at the same time I wish the whole horrible thing would just go away.
Actually, I’m convinced that there won’t be a hearing next Monday. I think Kavanaugh will be forced to withdraw. It seems that Trump isn’t really all that enthused about him, and he can always nominate another evil right wing nut. In fact, he could solve the whole sexual abuse/assault issue by appointing a conservative woman, Amy Coney Barrett. She probably didn’t try to rape anyone when she was in high school, and she would likely vote to overturn Roe v. Wade.
Here’s the latest tick tock from the WaPo White house reporters: With Trump muted, White House leans on Kavanaugh to defend himself.
White House aides said they persuaded the president to refrain from tweeting a defense of Kavanaugh in the accusation’s immediate aftermath and deliberately worked to keep him from meeting personally with the nominee, even though the two men spent most of the day in proximity.
Kavanaugh was hunkered down in the West Wing office of White House Counsel Donald McGahn, strategizing to save his nomination and calling senators to deny the claim against him….
One senior White House official said Trump thinks Kavanaugh can survive and told top advisers he thought the judge’s denial of wrongdoing was forceful. “The president’s thinking is, don’t get out there and defend him if he’s not defending himself,” this official said. “But he liked that he defended himself.”
But two Trump confidants Monday also underscored the president’s history of self-interested calculations amid political tumult. “He’s going to do what’s best for Trump,” said one of them, who spoke on the condition of anonymity to offer a candid assessment. “The president thinks it’s rough for Kavanaugh, and he’d decry the process as disgusting if he withdraws, but he’d nominate a carbon copy of Kavanaugh in a second if he goes down.”
Another reason why Kavanaugh might be thrown overboard, again from the WaPo: Republicans fear reversals in November due to accusation against Supreme Court nominee.
Republicans are bracing for political aftershocks from the sexual assault accusation against Supreme Court nominee Brett M. Kavanaugh, with some expressing fear that the coming investigation will refocus the nation’s attention on an issue that could drive up the Democratic vote in the midterm elections.
The initial hope that the conservative Kavanaugh’s appointment would encourage turnout by grateful GOP voters this fall has been tempered by new fears that more voters, especially independent women, might head to the polls with fresh anger about Republican handling of sexual impropriety after a new round of public hearings.
“It’s not just about Kavanaugh but more about the midterms,” Rick Hohlt, a Republican lobbyist and veteran strategist, said of the party’s concerns. “With more women running for public office than ever before and the majority of them being Democrats, we could have a 1992 situation.”
That’s a reference to the elections in 1992, dubbed the “Year of the Woman” after the number of women elected to the House nearly doubled, to 47, and the number of women elected to the Senate tripled, to six. The election came one year after Justice Clarence Thomas was confirmed to the Supreme Court despite allegations that he had sexually harassed a subordinate, Anita Hill, in the workplace.
Even before the accusation against Kavanaugh surfaced, polls showed women preferred Democrats more than men did and were more likely to disapprove of President Trump, who faced accusations of sexual misconduct by 19 women before his 2016 election. A Washington Post-ABC News poll in late August found 58 percent of female registered voters intended to cast a ballot for a Democrat for Congress, compared with 45 percent of men.
Remember Mitch McConnell never wanted Trump to appoint Kavanaugh. It’s a long time until next Monday’s scheduled hearing. A lot can happen in that time. My guess is the Republicans will cut Kavanaugh loose. Certainly, if another woman comes forward, he will be dead in the water.
Meanwhile, FEMA’s threatened presidential emergency alert system rollout has been postponed because of all the protests. NBC News:
The Federal Emergency Management Agency, which oversees the wireless emergency alert (WEA) system, announced that the test that had been scheduled for Thursday will be pushed back to Oct. 3, citing the “ongoing response efforts to Hurricane Florence.”
The initial announcement was met with concerns from social media users who stated that a direct message from President Donald Trump to the nation could be used for political purposes, similar to how he uses his official Twitter page.
Many also went on to raise the issue of the alert being mandatory, with no way to opt of it. One user even messaged Verizon Wireless, one of the 100 wireless service companies that have agreed to provide the alert to their network, asking how she can avoid receiving it.
Some users even threatened to cancel their cellphone service, while others said they would protest the test by turning their phones off, creating the hashtag #GoDark920 in response to the original test date.
Stephen Cobb, a security researcher at ESET, a technology security company, tweeted via his verified account that the blowback against the test indicated the broader frustration with the president.
“This POTUS is so bad that folks are prepared to forgo the potential benefits of a national alert system – which already exists on radio and TV – because it is hard to believe Trump will not abuse it.”
As long as we’re talking about the sexual predator in the White House, I might as well include this creepy info from The Guardian on Stormy Daniels’s tell-all book:
Trump’s bodyguard invites Daniels to dinner, which turns out to be an invitation to Trump’s penthouse, she writes, in a description of alleged events that Daniels has disclosed previously but which in the book are rendered with new and lurid detail. She describes Trump’s penis as “smaller than average” but “not freakishly small.”
“He knows he has an unusual penis,” Daniels writes. “It has a huge mushroom head. Like a toadstool…
“I lay there, annoyed that I was getting fucked by a guy with Yeti pubes and a dick like the mushroom character in Mario Kart…
“It may have been the least impressive sex I’d ever had, but clearly, he didn’t share that opinion.”
Ugh. Still, I’d love to be a fly on the wall when someone reads this to Trump.
Finally, if you haven’t already done so, you should read Hillary Clinton’s new essay at The Atlantic: American Democracy Is in Crisis.
It’s been nearly two years since Donald Trump won enough Electoral College votes to become president of the United States. On the day after, in my concession speech, I said, “We owe him an open mind and the chance to lead.” I hoped that my fears for our future were overblown.
They were not.
In the roughly 21 months since he took the oath of office, Trump has sunk far below the already-low bar he set for himself in his ugly campaign. Exhibit A is the unspeakable cruelty that his administration has inflicted on undocumented families arriving at the border, including separating children, some as young as eight months, from their parents. According to The New York Times, the administration continues to detain 12,800 children right now, despite all the outcry and court orders. Then there’s the president’s monstrous neglect of Puerto Rico: After Hurricane Maria ravaged the island, his administration barely responded. Some 3,000 Americans died. Now Trump flatly denies those deaths were caused by the storm. And, of course, despite the recent indictments of several Russian military intelligence officers for hacking the Democratic National Committee in 2016, he continues to dismiss a serious attack on our country by a foreign power as a “hoax.”
Trump and his cronies do so many despicable things that it can be hard to keep track. I think that may be the point—to confound us, so it’s harder to keep our eye on the ball. The ball, of course, is protecting American democracy. As citizens, that’s our most important charge. And right now, our democracy is in crisis.
I don’t use the word crisis lightly. There are no tanks in the streets. The administration’s malevolence may be constrained on some fronts—for now—by its incompetence. But our democratic institutions and traditions are under siege. We need to do everything we can to fight back. There’s not a moment to lose.
Read the rest at the Atlantic link.
After reading Boston Boomer’s post yesterday about all this…shit, it makes me even more disturbed.
I am not able to work my thoughts into words lately. Maybe it is the fact that nothing or no one will hold this nightmare accountable…and that we are this close to having a cancerous monstrosity of this administration appointed for a lifetime membership to the Supreme Court. Together with Gorsuch…Kavanaugh and the rest of the conservative members will change our lives as Americans. The impact will be fatal. In an all to literal sense. It will solidify tRump…he will get away with everything. (And this is not pushing it too far, would tRump even take it to announcing himself…president for life?) Would Kavanaugh just nod and say, sure…it is within his executive rights?
I’m tired of being Chicken Little, or a Cassandra…but nothing gives me hope.
Here’s a few links you may have missed:
This article was recommended by Sarah Kendzior:
Some more issues with Women’s Tennis:
Chair umpire Carlos Ramos managed to rob not one but two players in the women’s U.S. Open final. Nobody has ever seen anything like it: An umpire so wrecked a big occasion that both players, Naomi Osaka and Serena Williams alike, wound up distraught with tears streaming down their faces during the trophy presentation and an incensed crowd screamed boos at the court. Ramos took what began as a minor infraction and turned it into one of the nastiest and most emotional controversies in the history of tennis, all because he couldn’t take a woman speaking sharply to him.
Williams abused her racket, but Ramos did something far uglier: He abused his authority. Champions get heated — it’s their nature to burn. All good umpires in every sport understand that the heart of their job is to help temper the moment, to turn the dial down, not up, and to be quiet stewards of the event rather than to let their own temper play a role in determining the outcome. Instead, Ramos made himself the chief player in the women’s final. He marred Osaka’s first Grand Slam title and one of Williams’s last bids for all-time greatness. Over what? A tone of voice. Male players have sworn and cursed at the top of their lungs, hurled and blasted their equipment into shards, and never been penalized as Williams was in the second set of the U.S. Open final.
We can only hope something good can come out of November:
And what about that plaid shirt guy?
And by the way:
Latest update on Florence:
17 years, is a long ass time!
Check out this tweet from Pasco Sheriff’s office…
And what the fuck is with the brown sock monkey?
In relation to that….
I want to end with this news out of Dallas…
This is an open thread.
That there…I mean what a fucking bully…what an asshole!
(See, I say that with expression…like it deserves an exclamation point.)
Uh….let me show you what I mean:
Now, see that exclamation point? “Our hearts and prayers are with you!” That is pure tRump….
Even though prior to the death of John McCain, WaPo came out with this article:
So let’s take a look at some reactions to the death of John McCain:
And don’t forget, McCain did not want tRump at his funeral… Obama, Bush to give eulogies at McCain’s eventual funeral: report | TheHill
Meanwhile, the same old shit continues to carry on:
How Christlike, this candidate is…truly she is imbued with the power of Geezus.
tRump doesn’t know what the US flag looks like either.
Let’s go back to that first image above…perhaps the little girl was questioning tRump’s loyalty and smarts…because at the time he was coloring an American Flag…Russian:
Or is that Finland?
On the latest tRump bastard news:
Just a few more observations:
If only…that would mean Pence is gone too.
I hate this fucking state.
A couple of tweets about women’s issues:
Well, that one above has racist connotations if you ask me! <—— Yes, that is an exclamation point.
Ending with some beauty:
Have a good Sunday, this is an open thread.
Last night thug “president” Trump did his ridiculous PT Barnum act with his nomination of Brett Kavanaugh to the Supreme Court to replace Anthony Kennedy. Supposedly, Trump was deciding among about four candidates, but it turns out the fix may have been in all along.
Has any other president made a deal with a Supreme Court Justice to appoint a chosen replacement?
After Justice Anthony Kennedy told President Donald Trump he would relinquish his seat on the Supreme Court, the president emerged from his private meeting with the retiring jurist focused on one candidate to name as his successor: Judge Brett Kavanaugh, Kennedy’s former law clerk….
So even as Trump dispatched his top lawyers to comb though Kavanaugh’s rulings and quizzed allies about whether he was too close to the Bush family, potentially a fatal flaw, the president was always leaning toward accepting Kennedy’s partiality for Kavanaugh while preserving the secret until his formal announcement, sources with knowledge of his thinking told POLITICO.
I’m sure we’ll be learning more about this, and I hope Democrats respond aggressively.
Basic background on Kavenaugh
President Donald Trump’s Supreme Court pick is no stranger to partisan politics: Before becoming a judge, he was helping make the case for the impeachment of Bill Clinton and later for the election of George W. Bush.
Twenty years ago, Kavanaugh’s story starts amid the highly politicized independent counsel investigation into Clinton. He worked for Starr as a young Yale Law graduate, first when Kenneth Starr was solicitor general and later in the Office of the Independent Counsel, where Kavanaugh was a key player in the slew of investigations into the Clintons, including the Whitewater scandal, the suicide of White House counsel Vincent Foster and Clinton’s affair with Monica Lewinsky.
The Starr Report to Congress laid out the details of Clinton and Lewinsky’s affair and findings of potential wrongdoing by the president. Kavanaugh was the primary author of the section on the grounds for possible impeachment, Starr would reportedly later say,because “that needed to be very carefully crafted, so I was looking to one of the office’s most talented lawyers — of superb and balanced judgment — to take the lead in drafting.” [….]
He was a member of the GOP legal team fighting to stop the recount in Florida to clear the way for Bush’s election against Al Gore in 2000, later taking a job in the Bush White House in 2001, where he’d serve for five years as counsel and later staff secretary until his confirmation to the U.S. Court of Appeals for the D.C. Circuit in 2006.
Brett M. Kavanaugh, the federal judge nominated by President Trump on Monday to the Supreme Court, has endorsed robust views of the powers of the president, consistently siding with arguments in favor of broad executive authority during his 12 years on the bench in Washington.
He has called for restructuring the government’s consumer watchdog agency so the president could remove the director and has been a leading defender of the government’s position when it comes to using military commissions to prosecute terrorism suspects.
Kavanaugh is “an unrelenting, unapologetic defender of presidential power” who believes courts can and should actively seek to rein in “large swaths of the current administrative state,” said University of Texas law professor Stephen Vladeck, who closely follows the U.S. Court of Appeals for the District of Columbia Circuit.
Kavanaugh’s record suggests that if he is confirmed, he would be more to the right than the man he would replace, Justice Anthony M. Kennedy, for whom he clerked. Kavanaugh has staked out conservative positions in cases involving gun rights, abortion and the separation of powers.
Read more details at both of those links.
What Kavanaugh Would Likely Do on the Court
Kavanaugh is an obvious choice for Trump. A judge on the U.S. Court of Appeals for the District of Columbia Circuit, he has maintained staunchly conservative credentials without earning a reputation for being a bomb-thrower. Unless Republican Sen. Susan Collins grows a spine, which she won’t, he has a clear path to Senate confirmation. During his hearings, Kavanaugh will claim he cannot reveal his true feelings about Roe v. Wade, the 1973 Supreme Court decision establishing a constitutional right to abortion access. But there is little doubt that Kavanaugh will gut Roe at the first opportunity. Indeed, he has already provided a road map that shows precisely how he’ll do it.
Kavanaugh was forced to confront the abortion question in 2017 after the Trump administration barred an undocumented minor, known as Jane Doe, from terminating an unwanted pregnancy. The American Civil Liberties Union sued on Doe’s behalf, and the dispute came before a three-judge panel at the D.C. Circuit. Kavanaugh was joined on the panel by Judge Karen L. Henderson, an arch-conservative, and Judge Patricia Millett, a moderate liberal. Doe, who was being held in a federally funded Texas shelter, had already obtained the necessary judicial bypass to get an abortion. But the Trump administration refused to let her see an abortion provider, instead sending her to an anti-abortion “crisis pregnancy center.”
By that point, Doe would be about 18 weeks pregnant. Texas bans abortion after 20 weeks, and the procedure becomes more dangerous as the pregnancy advances. Moreover, the process of finding and verifying a sponsor for an undocumented minor frequently takes weeks or months. And Doe’s lawyers had already searched for a possible sponsor, to no avail. Kavanaugh’s ostensible compromise, then, was nothing of the sort. At best, it would force Doe to suffer through her unwanted pregnancy for at least two more weeks, increasing the odds of complications when she was finally able to obtain an abortion. At worst, it meant the government could run down the clock to the point that an abortion would become illegal.
Luckily for Doe, the full D.C. Circuit swiftly reversed Kavanaugh’s decision and allowed her to terminate her pregnancy, which she did. This move prompted Kavanaugh to write a bitter dissent explaining why the government’s bar on Doe’s abortion was not, in fact, an undue burden.
Read the rest at Slate.
When President Trump Monday nominated Judge Brett Kavanaugh to the Supreme Court, he probably doomed the right to abortion, same-sex marriage, and maybe even contraception….
…while Kavanaugh’s record on women’s and LGBT rights is sparse, it gives good reason to suspect that he could be the swing vote to strike down Roe v. Wade, the abortion-rights case. This, after all, is what Trump promised in 2016: that Roe would be “automatically” be overturned should he be elected. And Kavanaugh has been praised by numerous right-wing organizations.
In the case of Garza v. Hargan, the D.C. Circuit Court of Appeals held that an undocumented teenage immigrant was entitled to obtain an abortion without having to obtain familial consent (as is required in several states).
Kavanaugh vigorously dissented, asking, “Is it really absurd for the United States to think that the minor should be transferred to her immigration sponsor ― ordinarily a family member, relative, or friend ― before she makes that decision?”
Those are strong words, endorsing not only parental consent rules but enforcing them in extreme circumstances. If you are looking for signals that a Justice Kavanaugh would limit or overturn Roe, Garza is a giant red flare.
There’s also a possibility that Kavenaugh might not be right wing enough to satisfy some Republicans.
Kavanaugh may not be conservative enough to survive the confirmation process. There is even talk that conservatives might revolt against Kavanaugh, as they did in 2005 against George W. Bush’s nomination of Harriet Miers. The reason? Many conservatives wanted Kavanaugh to cast doubt on the teenager’s right to get an abortion at all, which another dissenting judge did.
Legally speaking, that objection is absurd. Not unlike “judicial minimalist” Chief Justice John Roberts, Kavanaugh was discussing the case at issue, not some hypothetical issue. And he was responding to the circuit court’s holding, not writing an essay.
But there’s more. Some conservatives have pointed to dicta in another Kavanaugh opinion, a dissent in Priests for Life v. HHS, a case similar to Hobby Lobby involving the Affordable Care Act’s contraception requirement. While dissenting in favor of the Catholic religious organization objecting to the requirement, Kavanaugh wrote that the “the Government has a compelling interest in facilitating women’s access to contraception” because of a variety of factors, such as “reducing the number of unintended pregnancies would further women’s health, advance women’s personal and professional opportunities, reduce the number of abortions, and help break a cycle of poverty.”
Kavanaugh is writing here about the state’s interest in access to contraception, not whether an individual has a constitutional right to access it. Those are totally different questions. But Kavanaugh’s opinion doesn’t question the constitutional right either, which rests on the same foundations (substantive due process, privacy, family) as the right to obtain an abortion.
This one is a must read–lots of details on Kavenaugh’s record. Head over to The Daily Beast to read the rest.
Read more about Kavenaugh and abortion here:
One more from The New York Times editorial board: There’s So Much You Don’t Know About Brett Kavanaugh. And you probably won’t until it’s too late.
First, the awful lot: Judge Kavanaugh would shift the balance of constitutional jurisprudence to the right, creating a solid right-wing majority on the court possibly until the second half of the 21st century. While the somewhat unpredictable Justice Anthony Kennedy once served as the fulcrum for the court, that role will now go to Chief Justice John Roberts Jr., a far more ideological conservative.
Judge Kavanaugh, who sits on the federal appeals court for the District of Columbia, has been a fixture in conservative politics and is widely respected by the Republican elite. Before becoming a judge, he clerked for Justice Kennedy and worked for Kenneth Starr, the independent counsel who investigated President Bill Clinton, and later in the George W. Bush White House. He successfully portrayed himself in his remarks at the White House as a nice guy who coaches girls in basketball, feeds the homeless and believes in the Constitution.
What Americans can’t know about Judge Kavanaugh: pretty much anything else. That’s thanks to the perversion of the Supreme Court confirmation process, which once provided the Senate and the public with useful information about a potential justice’s views on the Constitution, but which has, ever since the bitter battle over President Ronald Reagan’s failed nomination of Robert Bork in 1987, devolved into a second-rate Samuel Beckett play starring an earnest legal scholar who sits for days at a microphone and labors to sound thoughtful while saying almost nothing.
Read the rest at the NYT.
I know there’s plenty of other news, but this is the biggie for today. Post your thoughts and links on any topic in the comment thread, and try to have a good day despite the horrors all around us.