Thursday Reads

Good Morning!!

Having a childish, incompetent madman in charge of the government is so exhausting. How much more of this can we take? Today, Donnie is headed for the Texas border with Mexico to do something or other. Who knows what insane gibberish will spew from his deformed lips. All I know for sure is that it won’t make sense.

Donnie has been touting his “steel slat” fence for the past week, but guess what? Those slats can be cut through with a common household saw.

NBC News: Test of steel prototype for border wall showed it could be sawed through.

President Donald Trump has repeatedly advocated for a steel slat design for his border wall, which he described as “absolutely critical to border security” in his Oval Office address to the nation Tuesday. But Department of Homeland Security testing of a steel slat prototype proved it could be cut through with a saw, according to a report by DHS.

A photo exclusively obtained by NBC News shows the results of the test after military and Border Patrol personnel were instructed to attempt to destroy the barriers with common tools.

The Trump administration directed the construction of eight steel and concrete prototype walls that were built in Otay Mesa, California, just across the border from Tijuana, Mexico. Trump inspected the prototypes in March 2018. He has now settled on a steel slat, or steel bollard, design for the proposed border barrier additions. Steel bollard fencing has been used under previous administrations.

However, testing by DHS in late 2017 showed all eight prototypes, including the steel slats, were vulnerable to breaching, according to an internal February 2018 U.S. Customs and Border Protection report.

Photos of the breaches were not included in a redacted version of the CBP report, which was first obtained in a Freedom of Information Act Request by San Diego public broadcaster KPBS.

Gail Collins mocks Donnie’s wall obsession at The New York Times: Trump Hits the Wall. And what’s all that sniffling about?

We need to look at the bright side of Donald Trump’s border wall fixation.

Sure, he’s shut down the government and thrown the nation into chaos. But it could be worse. He could be demanding a fiery moat between us and Canada. Or building a 36,000-foot-deep barrier across the Pacific Ocean to drive home his commitment to tariffs.

See? There’s always a silver lining.

On Trump’s strange oval office address:

Maybe all this wall obsessing makes Trump tired. He certainly seemed low-energy during his Oval Office address. “He makes Jeb Bush look like a combination of Mighty Mouse and Bruce Springsteen,” a friend of mine said after the president finished his nine-minute speech to the American people.

For every viewer whose response to the talk was “Wow, we should do something about immigration!” there must have been a hundred whose first reaction was “Why does this man keep sniffing?” Deviated septum? Nasal polyps? Trump’s breathing has actually sounded strange for a long time, but most of us have chosen to ignore it rather than engage in a national conversation about the president’s nose.

If you watched the address — and really, you could have, it was only about as long as it takes to microwave popcorn — you saw a 72-year-old guy squinting at the teleprompter and making rather alarming breathing sounds while reading a speech about how we need a wall to protect women who are “sexually assaulted on the dangerous trek up through Mexico.”

This is not a man who should wrap his arguments around the idea of protecting women from sexual assault. But also, gee, he sounded like Uncle Fred who you haven’t seen for a while and suddenly he shows up for Thanksgiving with weird colored hair and vacant eyes and he’s talking into his mashed potatoes.

As the Trump shutdown continues, the administration has been giving tone-deaf advice to government employees who are going without pay.

The Washington Post: Coast Guard families told they can have garage sales to cope with government shutdown.

Employees of the U.S. Coast Guard who are facing a long U.S. government shutdown just received a suggestion: To get by without pay, consider holding a garage sale, babysitting, dog-walking or serving as a “mystery shopper.”

The suggestions were part of a five-page tip sheet published by the Coast Guard Support Program, an employee-assistance arm of the service often known as CG SUPRT. It is designated to offer Coast Guard members help with mental-health issues or other concerns about their lives, including financial wellness.

“Bankruptcy is a last option,” the document said.

The Coast Guard receives funding from the Department of Homeland Security and is subjected to the shuttering of parts of the government along with DHS’s other agencies. That stands in contrast to other military services, which are part of the Defense Department and have funding.

This is interesting, from Buzzfeed News: ICE Might Be Violating Federal Law By Keeping Immigrants Detained During The Shutdown.

A lengthy government shutdown over border wall funding has potentially put Immigration and Customs Enforcement at risk of violating a more than 100-year-old law that could not only require the release of “non-dangerous” individuals in the agency’s custody but also stop it from continuing to arrest and detain certain people, according to former senior ICE officials and experts.

The potential violation could complicate ICE’s operations at a time when President Donald Trump has argued that the shutdown is necessary to force Democrats to implement tougher immigration policies, such as building a wall on the US–Mexico border.

ICE contracts with nonfederal detention facilities, like county jails and private detention contractors, across the country to hold individuals detained by immigration agents. The agency pays for the bed space in various ways, including monthly payments or, in some cases, in advance.

As of Jan. 1, the agency was detaining more than 48,000 individuals, which is 8,000 more than the levels that had been provided for by the now-expired congressional funding. But nearly three weeks after its funding lapsed because of the shutdown, ICE has likely run out of money to pay contractors for the detention space it uses.

And while ICE has some non-appropriated funds it can lean on, those are not enough to pay for the overall detention space for more than a few weeks, said Kevin Landy, who was appointed during the Obama administration to run ICE’s Office of Detention Policy and Planning, a position he held for more than six years, up until 2017.

In other news, Kamala Harris is close to announcing a run for president in 2020.

KCBS Radio: Kamala Harris Ready To Enter Race For President, Sources Say.

Sen. Kamala Harris has decided to run for president in 2020 and will announce her candidacy on or around Martin Luther King Jr. Day, probably at a campaign rally in Oakland, sources close to the freshman senator from California tell KCBS Radio.

Harris, 54, has been making the rounds of television talk shows and appearing at several events this week as part of a brief tour to promote her new book, “The Truths We Hold: An American Journey.”

At every stop, when asked about running for president, Harris has answered with some variation of “I’m not ready yet” to announce her decision, citing family considerations. But several sources knowledgeable about her plans say she is ready, and has in fact decided to run, with the enthusiastic blessing of her husband and two stepchildren.

The debate within her camp is how, and where, to launch her campaign. The tentative plan is for Harris to enter the race for the Democratic presidential nomination with a campaign rally, most likely in Oakland, where she was born and began her legal career.

And the media continues to belatedly vet Bernie Sanders’ 2016 campaign. Politico: Top Bernie Sanders 2016 adviser accused of forcibly kissing subordinate.

On the final night of the Democratic National Convention in July of 2016, Bernie Sanders’ staffers went out to a Mediterranean restaurant and hookah bar in Center City Philadelphia to celebrate and mourn the end of the campaign.

Sitting at the bar sometime after midnight, convention floor leader Robert Becker—who oversaw Sanders’ Iowa campaign, then helped lead his efforts in Michigan, California, and New York as deputy national field director—began talking with a female staffer who had worked under him along with her boyfriend.

Becker, now 50 years old, told the 20-something woman that he had always wanted to have sex with her and made a reference to riding his “pole,” according to the woman and three other people who witnessed what happened or were told about it shortly afterward by people who did. Later in the night, Becker approached the woman and abruptly grabbed her wrists. Then he moved his hands to her head and forcibly kissed her, putting his tongue in her mouth as he held her, the woman and other sources said.

The woman said she didn’t come forward at the time, because Sanders’ campaign was over. But when she was recently contacted by Becker about 2020 the women felt she had to speak up.

“Candidates who allow people like Robert Becker to lead their organizations shouldn’t earn the highest office in our government,” said the woman, who was granted anonymity because she feared retaliation from supporters of Sanders and Becker, who has a loyal following of his own.

“It just really sucks because no one ever held him accountable and he kept pushing and pushing and seeing how much he could get away with. This can’t happen in 2020. You can’t run for President of the United States unless you acknowledge that every campaign demands a safe work environment for every employee and volunteer.”

 


Thursday Reads: Horror Show on the Hill

Good Morning!!

Today beginning at 10AM, the Senate Judiciary Committee will hold a brief hearing in which one of the women who has accused SCOTUS nominee Brett Kavanaugh of sexual assault, Christine Blasey Ford, will tell her story and Kavanaugh will respond by lying and obfuscating.

I can’t imagine anything useful could come out of the hearing, since each questioner will have only 5 minutes to address complex issues. At best, the spectacle of 11 white men hiding behind a woman prosecutor might lead to more public outrage against the GOP and their deeply flawed nominee. It’s not clear what how Democrats will handle the questioning; they’ve kept their plans close to the vest.

I wanted to get this post up early so we can follow the hearing and aftermath together. I hope people will join in. Here are some reads to check out today.

The Daily Beast: ‘Disaster’: Trumpworld Starting to Sweat Over Brett Kavanaugh’s Mounting Sexual Assault Allegations. Excerpt:

Going into this past weekend, the Trump White House was sounding self-assured about Kavanaugh’s prospects, with senior aides saying they felt he could weather the allegations and horrifically bad press. Since then, two other female accusers have come forward, and the swagger from Team Trump has been replaced with, at best, a shaken confidence.

Officials inside the White House, as well as outside advisers, told the The Daily Beast that mood has become less bullish. Senior aides fear delivering Trump a major failure and humiliation that he can—and likely will—pin on those around him and squeamish Republican lawmakers. There is palpable fear that the party’s base will turn on Republicans should the Kavanaugh nomination fail.

Top donors, meanwhile, have said that they will continue writing checks out of a growing fear that the party could lose the Senate in addition to the House this coming fall. But one major contributor warned that lawmakers had to show them that they had put up a sufficient fight to get Kavanaugh on to the Court or else the checks wouldn’t come….

At this point, Trump’s team and Kavanaugh’s camp are publicly maintaining calm and privately encouraging allies to do the same. On a Monday conference call with White House surrogates, Kellyanne Conway, counselor to President Trump, had insisted that the “president and this White House continue to stand strongly behind Judge Kavanaugh,” according to a person on the line. By Wednesday, a senior West Wing official said that the president’s posture remained unchanged.

But aides also acknowledge that Kavanaugh’s prospects were growing more endangered. “Thursday could be a disaster or it could be…a victory, we don’t know,” one aide said, referencing the planned testimony Kavanaugh and his accuser, Dr. Christine Blasey Ford plan to give to the Senate Judiciary Committee.

Yesterday during his deranged press conference, Trump seemed to suggest that he could decide to dump Kavanaugh. But he was all over the map in his embarrassing, manic performance. Todd Purdum summarizes Trump’s 81-minute rant at The Atlantic: President Trump’s Surreal News Conference Didn’t Do Kavanaugh Any Favors.

In more than 80 surreal minutes of what seemed less like a news conference than a public free-association session on a therapist’s couch, the president of the United States dismissed accusations of sexual misconduct against Judge Brett Kavanaugh as “all false to me,” then insisted he wanted to hear Christine Blasey Ford’s testimony because “I can be convinced of anything. Maybe she will say something.”

He portrayed Kavanaugh’s Democratic Senate opponents as the organizers of a “big, fat con job,” then acknowledged without missing a beat that he would withdraw Kavanaugh’s nomination “if I thought he was guilty of something like this, sure.” He praised Kavanaugh as “one of the highest-quality people that I have ever met,” then suggested that the judge’s life was not so spotless, allowing that even George Washington may have had “a couple of things in his past.” [….]

Who can say whether Trump’s apparently unbridled, even unhinged, display of id amounted to just that? Or to a free-form, last-ditch effort to defend the nomination on the eve of crucial testimony from Ford and Kavanaugh before the Senate Judiciary Committee on Thursday? Or to a calculated trial balloon for withdrawing it (“I could pick a woman, and she could have charges made from many years ago also,” he said at one point)? Or to some combination of all of the above? The assessment of Nicolle Wallace, the former George W. Bush and John McCain aide, was succinct, and indisputable.

“I suspect,” she tweeted, “that the 25th Amendment might be discussed more widely if there were daily press conferences.”

Yesterday, Morning Consult released a news poll on the Kavanaugh nomination: Republican Women Lose Faith in Kavanaugh — and Trump — After Week of Accusations.

Public support for Judge Brett Kavanaugh to fill the vacant Supreme Court seat has dropped to its lowest point since President Donald Trump nominated him in July, driven in large part by a sector of the president’s base: Republican women.

new Morning Consult/Politico poll, conducted Sept. 20-23, found support for Kavanaugh’s confirmation is underwater among registered voters for the first time since his nomination, with 37 percent opposing the Senate confirming him and 34 percent supporting it.

The new finding marks a 5-percentage-point drop in net support since a poll conducted last week, after Christine Blasey Ford detailed her allegation that Kavanaugh sexually assaulted her while the two were in high school, a charge he has repeatedly denied.

Read more at the link above.

Important reads from women writers:

Lili Loofbourow at Slate: Brett Kavanaugh and the Cruelty of Male Bonding.

For what it’s worth, and absent evidence or allegations to the contrary, I believe Brett Kavanaugh’s claim that he was a virgin through his teens. I believe it in part because it squares with some of the oddities I’ve had a hard time understanding about his alleged behavior: namely, that both allegations are strikingly different from other high-profile stories the past year, most of which feature a man and a woman alone. And yet both the Kavanaugh accusations share certain features: There is no penetrative sex, there are always male onlookers, and, most importantly, there’s laughter. In each case the other men—not the woman—seem to be Kavanaugh’s true intended audience. In each story, the cruel and bizarre act the woman describes—restraining Christine Blasey Ford and attempting to remove her clothes in her allegation, and in Deborah Ramirez’s, putting his penis in front of her face—seems to have been done in the clumsy and even manic pursuit of male approval. Even Kavanaugh’s now-notorious yearbook page, with its references to the “100 kegs or bust” and the like, seems less like an honest reflection of a fun guy than a representation of a try-hard willing to say or do anything as long as his bros think he’s cool. In other words: The awful things Kavanaugh allegedly did only imperfectly correlate to the familiar frame of sexual desire run amok; they appear to more easily fit into a different category—a toxic homosociality—that involves males wooing other males over the comedy of being cruel to women.

In both these accounts, Kavanaugh is laughing as he does something to a woman that disturbs or traumatizes her. Ford wrote in her letter to Sen. Dianne Feinstein, “Kavanaugh was on top of me while laughing with [Mark] Judge, who periodically jumped onto Kavanaugh. They both laughed as Kavanaugh tried to disrobe me in their highly inebriated state. With Kavanaugh’s hand over my mouth, I feared he may inadvertently kill me.”

“Brett was laughing,” Ramirez says in her account to the New Yorker. “I can still see his face, and his hips coming forward, like when you pull up your pants.” She recalled another male student shouting about the incident. “Somebody yelled down the hall, ‘Brett Kavanaugh just put his penis in Debbie’s face,’ ” she said.

If these allegations are true, one of the more shocking things about them is the extent to which the woman being mistreated exists in a room where the men are performing for each other—using the woman to firm up their own bond.

Please read the whole thing if you haven’t already.

Alexandra Lescaze, also at Slate: We Didn’t Call It Rape. Lescase writes that the allegations against Kavanaugh are very familiar to her as a graduate of a DC-area private school.

I wish I were surprised. A week ago Sunday when Ford first shed her anonymity, detailing her sexual assault allegation against Kavanaugh to the Washington Post, I wrote a note in the Facebook alumni group of my high school, National Cathedral School. I told my 1988 classmates that Ford’s story was bringing back disturbing high school memories. Apparently, I was not alone. A lot of women now in their 40s and 50s, who went to these single-sex D.C. prep schools in the 1980s, have been reaching out to each other in fraught emails and chats over the past week. Not only did the Holton-Arms alumnae start a petition in support of Ford, their fellow alum; there’s also one for anyone to sign who survived that toxic time and place.

I don’t personally know Ford now, and I didn’t know her in high school. But as the Holton women wrote, what Ford is alleging is “all too consistent with what we heard and lived while attending Holton. Many of us are survivors ourselves.” And what Elizabeth Rasor alleges Mark Judge told her is not foreign to me, either. Whether and how the nation comes to hear more about these specific stories, they have evoked a collective scream.

A large part of my high school experience were the parties at cavernous houses with multiple bedrooms, huge dark basements with enormous sofas and yards, and lots and lots of beer. No parents—thinking back on it now, as a parent myself—were ever around. We traveled in groups and knew never to leave a friend alone at a party, but there was so much drinking that we sometimes lost track of each other. It could be difficult to know where your friends were and—if they were in a room with a boy—what was going on in there.

Every June, we had Beach Week—a tradition also described in a Washington Post piece about Ford—in which teenagers actually rent houses to party at the beach, something I still don’t quite comprehend. I distinctly remember being at a Beach Week party with my then-boyfriend when it dawned on us that there was a drunk girl in a room down the hall, and boys were “lining up” to go in there and, presumably, have their way with her. We didn’t know for sure, but my boyfriend and my friend’s boyfriend went to interrupt it and sent her on her way down the stairs. All I remember about her is that she was in the class above us and had dark hair. My friend has told me she remembers boys saying, “I’m next,” which was why our boyfriends went to stop it.

More to check out, links only:

Emily Jane Fox at The Atlantic: “I Was Ashamed”: After Ford’s Accusation, Holton-Arms Alumnae Wrestle With Their Own Truths—Together.

Jessica Valenti: How Very Bad Men Get Away With Rape. “It takes one person to commit a rape, but a village to let them get away with it over and over.”

Kate Manne at The New York Times: Brett Kavanaugh and America’s ‘Himpathy’ Reckoning.

Amanda Marcotte: GOP will still confirm Brett Kavanaugh — because of allegations, not in spite of them.

If you watch the hearing, I hope you’ll share your reactions in the comment thread below.


Lazy Caturday Reads: Senate Dotards Determined to Put Attempted Rapist on Supreme Court

Reading a book, watched by a cat, by David Brooke

Good Morning!!

Everything is so surreal in the U.S. today that I feel as if I’m living in a Salvador Dali painting. I don’t even know how to begin to write about what’s happening right now. If you watched Rachel last night, you know that Dr. Christine Blasey Ford’s attorney responded to 85-year-old dotard Chuck Grassley’s nasty message threatening to hold a vote on Brett Kavanaugh’s nomination until Ford agreed to testify before his committee on Wednesday–a day before she said it was possible to do so.

Slate: Christine Blasey Ford’s Lawyer Issues Scathing Letter in Response to Judiciary Committee’s Deadlines.

The Senate Judiciary Committee tried to initiate a Friday night game of chicken with attorneys for Christine Blasey Ford, the woman accusing Supreme Court nominee Brett Kavanaugh of sexual assault. The committee had issued a 10 p.m. ultimatum for Ford to agree to testify by Wednesday, stating that the vote to confirm Kavanaugh would proceed on Monday without her agreement. Ford’s lawyers did not bite.

Ford’s attorney Debra S. Katz responded to the ultimatum with a strongly-worded letter decrying the “aggressive and artificial deadlines” as an attempt “to bully Dr. Ford.” Katz explains that Ford had “traveled to meet with the FBI for several hours about the death threats she had been receiving,” and that her legal team requested time “to be able to provide you with a well-considered response.”

“Your cavalier treatment of a sexual assault survivor,” Katz writes, “is completely inappropriate.”

Read the entire letter and read about Grassley’s threats at the link. Hours later Grassley sent a tweet that read as if it were intended to be an email or text message:

Followed by this one:

Historian Michael Cohen posted this in response to the first one:

Followed by this from Frank Rich:

Seriously, why is an 85-year-old man still in the Senate? We need age limits.

I think this piece at Deadspin provides a very good explanation for the behavior of all the right wing white men who are having tantrums over Kavanaugh when they could easily withdraw his name and have Trump appoint someone who didn’t try to rape a 15 year-old-girl when he was in high school–maybe someone who didn’t work in the Bush White House on torture and who wasn’t involved in stealing Democratic emails, and who hasn’t lied repeatedly to Congress.

Brett Kavanaugh is a Man the Right Can Get Behind, by Albert Burneko

By Rita Cavallari

Shit’s real weird now.

A thing it took, like, the New York Times and Washington Post and CNN and so forth maybe a little too long to figure out, back during the 2016 campaigns, a lapse that has launched innumerable blinkered Cletus Safaris in search of some other, less chillingly sociopathic answer in the aftermath of that hell-moment, is this: What the American right wants, what it’s after, isn’t some abstract pluralist success, like the smooth functioning of government and/or the material improvement of American life. It wants, only and entirely, to defeat its opponents. Those aren’t quite the same thing. The Republican party would not choose the former if it could be accomplished without the latter.

An example: Any number of grub-like Yale jurist-ghouls with diamond-edged ‘80s-dad hair and uniformly right-wing ideas about constitutional law could get confirmed to fill the Supreme Court’s vacant ninth seat, and once in that seat could be counted upon to plagiarize Anton Chigurh dialog into incumbent legal precedence for the next three decades. The earth contains no shortage of these. And so, in the aftermath of the discovery that Brett Kavanaugh, the one Donald Trump happened to nominate for the gig, quite likely attempted to rape a 15-year-old girl in the summer of 1982 (and, perhaps less important though no less relevant, almost certainly lied to the Senate about the use of stolen materials to aid George W. Bush’s judicial nominees) and has been living comfortably with this fact about himself for the ensuing 36 years, it should be easy enough to withdraw his nomination and move along to the next crypto-Nazi cottage cheese sculpture in the pipeline. He’d breeze through confirmation, whoever he was: You could pretty much count on the Senate Judiciary Committee’s terminally third-brained centrist Democrats lining up to play themselves. And that would be a success, theoretically: A new, arch-conservative Supreme Court justice, possibly even one not tainted by a credible accusation that he once tried to rape a child.

by Sonya Grassmann

But that would not be enough. It has to be this guy. It has to be this guy now more than ever. It has to be this guy, now, because he has been accused, credibly, of attempting to rape a 15-year-old girl in 1982—moreover because people believe this should be considered a disqualifying blight on his record. The thing that must happen is that those people must be defeated. That is the whole point. What must be shown to the whole world is that this, even this, cannot stop him. The bigger the outrage that can be brushed aside, the more thorough the defeat for the people who thought something, anything, might take precedence over this white man being the pick of another white man.

A bit more:

It’s a bit late for anyone not to have figured this out yet, but the skeleton key to understanding American conservatism is this: At bottom, it lacks absolutely any moral or ideological underpinning beyond the reactionary protection of moneyed white men—of their station, their wealth and power, and their egos. Its supposed ideas and abstractions are just a framework for spasmodic lashing-out against anything that can be interpreted as a threat to rich white dudes. It likes supply-side economics because the supply side is made of rich white dudes. It likes tax cuts because the taxes are mostly cut for rich white dudes. It likes cops and soldiers because cops and soldiers uphold a social order with rich white dudes at the top. It likes “traditional family values” because social, economic, and sexual dominion over women are the most traditional family values of all. It likes “Make America Great Again” because rich white dudes used to roll through society and over everyone else with even greater impunity than they do now. All of these things are just proxies for reiterating, over and over and over, forever, the power and security and primacy of rich white dudes.

There’s much more at the link. I hope you read all of it.

The Girl with the Book. Otar Imerlishvili (Georgia, 1970-)

As we all know, there actually was a witness to the rape attempt, Kavanaugh’s high school buddy Mark Judge; but the Judiciary Committee dotards are determined that he will not testify. And here’s why:

The Washington Post: ‘100 Kegs or Bust’: Kavanaugh friend, Mark Judge, has spent years writing about high school debauchery.

A review of books, articles and blog posts by Judge — a freelance writer who has shifted among jobs at a record store, substitute teaching, housesitting and most recently at a liquor store — describes an ’80s private-school party scene in which heavy drinking and sexual encounters were standard fare.

Judge wrote about the pledge he and his friends at the all-male school on Rockville Pike in North Bethesda, Md., made to drink 100 kegs of beer before graduation. On their way to that goal, there was a “disastrous” party “at my house where the place was trashed,” Judge wrote in his book “God and Man at Georgetown Prep.” Kavanaugh listed himself in the class yearbook as treasurer of the “100 Kegs or Bust” club.

“I’ll be the first one to defend guys being guys,” Judge wrote in a 2015 article on the website Acculturated. He described a party culture of “drinking and smoking and hooking up.” During senior year, Judge said he and his pals hired a stripper and bought a keg for a bachelor party they threw to honor their school’s music teacher.

“I drank too much and did stupid things,” he said in his memoir.

By Wlad Safronov

“Most of the time everyone, including the girls, was drunk,” Judge wrote in “Wasted: Tales of a Gen X Drunk,” a memoir of his alcoholism and recovery. “If you could breathe and walk at the same time, you could hook up with someone. This did not mean going all the way . . . but after a year spent in school without girls, heavy petting was basically an orgy.”

While many of his classmates moved on to careers in law, politics, business and education, Judge seemed to some friends to stay fixed in the experiences of his adolescence. Over time, his politics shifted from left to right, and his writing often focused on his view of masculinity (“the wonderful beauty of uncontrollable male passion”) and his concern that gay culture was corroding traditional values.

Read the rest at the WaPo.

Another take from The Intercept’s Peter Maas: Mark Judge’s Memoir about Kavanaugh’s High School Portrays a Culture of Aggression and Excessive Drinking. I won’t quote from it, but there are lots of excerpts from the book that are relevant to why Grassley wants to keep Judge very far away from his Committee hearing.

And then there’s another of Kavanaugh’s close friends, Ed Whelan–the man behind the swiftboating of John Kerry–and his doppleganger theory.

Politico: PR firm helped Whelan stoke half-baked Kavanaugh alibi.

It turns out that the Keystone Cops detective work by conservative legal activist Ed Whelan — which set Washington abuzz with the promise of exonerating Brett Kavanaugh, only to be met by mockery and then partially retracted — was not his handiwork alone.

Woman with a Cat – Tatyana Gorshunova

CRC Public Relations, the prominent Alexandria, Virginia-based P.R. firm, guided Whelan through his roller-coaster week of Twitter pronouncements that ended in embarrassment and a potential setback for Kavanaugh’s hopes of landing on the high court, according to three sources familiar with their dealings.

After suggesting on Twitter on Tuesday that he had obtained information that would exculpate Kavanaugh from the sexual assault allegation made by Christine Blasey Ford, Whelan worked over the next 48 hours with CRC and its president, Greg Mueller, to stoke the anticipation. A longtime friend of Kavanaugh’s, Whelan teased his reveal — even as he refused to discuss it with other colleagues and close friends, a half dozen of them said. At the same time, he told them he was absolutely confident the information he had obtained would exculpate the judge.

The hype ping-ponged from Republicans on Capitol Hill to Kavanaugh’s team in the White House, evidence of an extraordinarily successful public relations campaign that ultimately backfired when Whelan’s theory — complete with architectural drawings and an alleged Kavanaugh doppelgänger — landed with a thud on Twitter Thursday evening.

Read the tick tock at the link. Politico claims the White House wasn’t involved in this insanity, but I don’t believe that for one minute. Kavanaugh has spent days at the White House figuring out how to deal with this scandal, and I have no doubt Kavanaugh was the source of the theory that someone else did it. He even told Oren Hatch that it could be a case of mistaken identity.

One more from Politico: Ed Whelan’s Troubles Might Be Just Beginning. He’s playing a dangerous game with the law, by John Culhane.

Ed Whelan may have just crossed a line he can’t jump back over.

Woman with cat, by Yana Movchan

Yesterday, Whelan, the president of the Ethics and & Public Policy Center, a conservative think tank, and an assertive supporter of Brett Kavanaugh’s nomination to the Supreme Court, took to Twitter to lay out a Hardy Boys-inspired scenario, suggesting that Christine Blasey Ford, the woman who accused Kavanaugh of attempted rape in high school, might have been mistaken about the identity of her alleged sexual assaulter. Using a mash-up of yearbook photos, Zillow information, Google Maps and Facebook, Whelan laid out a “case” that another man, a former classmate of Kavanaugh’s at Georgetown Prep—whom he named and provided a current photograph of—might have been the person Ford has in mind. After his wild theory received widespread criticism, Whelan deleted the tweets, and tried to walk back the accusation this morning.

The common law of defamation isn’t that complicated. To be liable, the defendant must make an intentionally or negligently false statement about the plaintiff that tends to cause reputational harm, and harm must actually ensue.

The man Whelan accused has already been harassed by the media. Read more about libel law at Politico.

I’m out of space, and I haven’t even written about the New York Times’s irresponsible article about Rod Rosenstein. Links to Emptywheel’s takes on that:

NYT GIVES TRUMP HIS EXCUSE TO FIRE ROD ROSENSTEIN.

THE NYT “SCOOP” APPEARS TO BE AN EFFORT TO SPIN OPENING AN INVESTIGATION INTO TRUMP AS AN ERRATIC ACT.

That’s all I have for you today. What stories are you following?


Friday Reads: What isn’t the matter with Brett Kavanaugh?

Good Morning

Sky Dancers!

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.”

720full-madtv----------------------------------(1995--2016)-screenshotPolls 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?


Thursday Reads: Women’s Righteous Rage

Good Morning!!

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.

The Washington Post: ‘These are the stories of our lives’: Prep school alumni hear echoes in assault claim.

Vanity Fair: The Toxic Politics of the GOP’s Plan to Save Brett Kavanaugh.

Sandra Newman at The Washington Post: Want to help prevent rape? Withdraw Kavanaugh’s nomination.

HuffPost: Brett Kavanaugh Liked Female Clerks Who Looked A ‘Certain Way,’ Yale Student Was Told.

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.

The Boston Globe: Elizabeth Warren for president? New survey shows Mass. voters don’t love that idea.

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.

Business Insider: ‘We’re in the fourth quarter’: James Comey says Mueller may be about to finish his investigation into Trump.

This is an open thread. Have a nice day and embrace your anger!