Sunday, September 30, 2018

9.30.18: Brett Kavanaugh Lacks the Temperament for The Supreme Court

Today's "Meet The Press" has been preempted for coverage of the Ryder Cup.


On Thursday as part of the Senate hearings on Judge Brett Kavanaugh's nomination for the Supreme Court, we heard from Dr. Christine Blasey Ford and Judge Kavauagh himself with regard to allegations that he sexually assaulted Dr. Ford in high school.

Finally, now, the FBI is going to be interviewing Mark Judge who Dr. Ford places in the room, along with other allegations brought forth by other woman.

While both individuals gave compelling testimony, essentially this was another interview in the process of the job application of Mr. Kavanaugh for the Supreme Court. Whether you believe Dr. Ford's account and allegations or not, Brett Kavanaugh's testimony was telling, especially this passage from his opening statement:

This whole two-week effort has been a calculated and orchestrated political hit fueled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record. Revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups. This is a circus. The consequences will extend long past my nomination. The consequences will be with us for decades. This grotesque, character assassination will dissuade confident and good people of all political persuasions from serving our country and as we all know in the political system of the early 2000s, what goes around comes around.

The manner in which Brett Kavanaugh delivered this statement illustrated an extreme partisan bent that we have not seen in modern times from a prospective Supreme Court jurist. In particular, "revenge of behalf of the Clintons" refers to Mr. Kavanaugh's time spent on Bill Clinton's impeachment as part of Special Prosecutor Ken Starr's team, in addition to Mrs. Clinton's defeat in 2016. As you can also see from the above portion, he called the hearings a 'circus,' and later went further to say that Democrats weren't there to advise and consent but to search and destroy.


As Mr. Kavanaugh notably stated, we know he drank beer, likes beer and still does. However, when asked about his past drinking habits, Mr. Kavanaugh was less than forthcoming and engaged in a distasteful "whataboutism" with Senators Amy Klobachur (D-MN) and Sheldon Whitehouse (D-RI) asking them if she had blacked out from drinking and what he liked to drink.

Perhaps out of embarrassment for youthful transgressions, Mr. Kavanaugh did not want to disclose insights about his drinking habits in high school and college. However, if he was completely innocent of the allegations Dr. Ford why wouldn't he agree to have the FBI conduct additional interviews to thoroughly vet the circumstances. A number of Democratic senators, most notably Senator Dick Durbin (D-IL), asked him if he would agree with this step, and in his answers he never once said he thought it was the right thing to do.

From the looks of it, Mr. Kavanaugh is in fact hiding something, or in being generous is less than forthright about his drinking.

This column is of the opinion that indeed Dr. Ford and Mr. Kavanaugh are correct. Brett Kavanaugh did commit this sexual assault on Dr. Ford when they were both in high school, but Mr. Kavanaugh in his severely drunken state at the time doesn't remember this incident. However, as the Bard has told us, here within lies the rub: Mark Judge probably does remember this incident and because lying to the FBI can land you in jail, he'll recall what Brett Kavanaugh would forever had hoped to forget.

Lastly, given Judge Kavanaugh's lasted testimony and the confrontational nature in which he engaged Democratic senators on the Judiciary committee, he showed that his temperament is insufficient for a lifetime appointment to the nation's highest court. Given his opening screed alone, how could anyone ever think that he could be impartial on the bench? Answer: he no longer can be seen as impartial on any judicial level.

One more thing...
His rant during the hearing not withstanding, it's difficult to not be cynical when Senator Lindsey Graham says that he's been a lawyer, a judge and a senator and not think he's in fact interviewing for a job in the Trump Administration, specifically as the next Attorney General. Also, the American Bar Association, which he called the gold standard has sent a letter stating that it could not support Judge Kavanaugh's confirmation until a full FBI investigation has been completed.



Sunday, September 23, 2018

9.23.18: Mitch McConnell Has Poisoned The Court, A Seventh Vetting of Kavanaugh Is Necessary

The Senate faces a difficult and damaging situation; there is no doubt. However, it's only be made worse by the Senate itself. And it all goes back to the biggest wretch in what has been called, "the world's most deliberative body," and that would be Senate Majority Leader Mitch McConnell (R-KY). He, above anyone else, has poisoned the nomination process of the Supreme Court and it all started with refusing to give former Supreme candidate Merrick Garland a hearing when Barack Obama was president. Then he changed the rules for a 60-vote benchmark to confirm a Justice, going with a simple majority once Donald Trump won the presidency. Now he's trying to ram through the nomination of Judge Brett Kavanaugh before the midterm elections, anticipating the possibility that Republicans may lose control of the Senate in November.

Mitch McConnell has single-handedly politicized and poisoned the Supreme Court beyond repair, and as long as he is the leader of the Republican caucus in the Senate, it should be given no quarter, ever.

This brings us to the Senate's performance with regard to the sexual assault allegation brought forth by Dr. Christine Blasey Ford against Judge Kavanaugh, which in agreement with Chris Matthews she had the duty as a citizen to come forward. To be clear, Senators on both sides have done a disservice to the American people, but considering that Republicans are in control and chair the Judiciary Committee, they shoulder much more of the blame.

Not to leave out the fact that Senate Republicans have made the following statements:

Senator Dean Heller (NV) - "This is a hiccup." Really? Sexual Assault is a hiccup?
Senator Orrin Hatch (UT) - "This woman who ever she is, is mixed up." He's had a misogynistic attitude his entire Senate career.
And last but not least, Senator Mitch McConnell (KY), "We're going to plow right through it, and do our job." What a tool. It? There is a person involved and her name is Dr. Christine Blasey Ford.

In Chuck Todd's interview with Senator David Perdue (R-GA), he stated the Judge Kavanaugh has been vetted six times by the FBI. Well, there should be a seventh time because as Mr. Todd pointed out he has not been vetted about this incident, which Mr. Perdue thinks unnecessary. Then Mr. Todd posed the question of what Mr. Perdue did in these types of situations when he was in the private sector, to which he answered that he would seek to be thorough and get all the information in determining the truthfulness of the allegation. But do you see the contradiction here? Now that he's a senator, he finds it unnecessary to use all of the resources available, namely the FBI looking into it, to get to the truth of the matter.

As Senator Patty Murray (D-WA) pointed out, the Republicans have predetermined this to be a he said/ she said because they have not called for the FBI to look into it. She also said that Republicans failed the test in 1991 with Anita Hill and they are doing no better in 2018; no doubt.

With all that said, it's easy to see that the Democrats are playing politics here as well in there attempts to delay the vote on Judge Kavanaugh or scuttle it altogether, retribution for Merrick Garland. Though after watching the hearings, the real issue is that Judge Kavanaugh lied to the Senator Patrick Leahy (D-VT) about not knowing that he received stolen confidential emails while Mr. Kavanaugh worked in the Bush White House. That should have already been a disqualifying instance.

As Helene Cooper of The New York Times pointed out, it's incredibly difficult for a woman to come forward to report a sexual assault. This is backed up by the point that Senator Murray made that there was a time when young women were told by their parents not to say anything. One could accept that that still happens. When young boys are sexually assaulted by the clergy, they may not report it for decades out of shame, just one of many reasons. It's a similar situation in both cases.

On Thursday, the American people will hear from Judge Kavanaugh and Dr. Blasey Ford, and they'll make the determination of which person is more credible, but if you've been paying attention Mr. Kavanaugh's credibility is already suspect and he's undeserving of a lifetime appointment to the United States' highest court.


Panel: Chris Matthews, MSNBC; Eliana Johnson, Politico; Jonah Goldberg, The National Review; Helene Cooper, The New York Times


Sunday, September 16, 2018

9.16.18: The President Lacks Empathy Which Means A Lack of Success

"Unseemly" is the word the The Wall Street Journal's Peggy Noonan used to describe President Trump's politicizing of Hurricane Maria hitting Puerto Rico last year. In the days leading up to Hurricane Florence hitting the Carolinas, the president through Twitter blamed the Democrats for inflating the number of deaths in Puerto Rico for the purpose of making him look bad.

The panel also talked about presidents having empathy, to which, again, Ms. Noonan explained the Mr. Trump doesn't have the normal presidential reactions. How about a decent human reaction - to feel for people whose lives have been shattered. PBS's Yamiche Alcindor said that it's like the president is saying the dead aren't dead. Words matter, and the president has to keep his eye on the ball and right now that is helping North and South Carolina mitigate the devastation and not just go down there for a photo-op. Having empathy or in other terms being the Consoler-in-Chief is a critical part of being president. Presidential historian Doris Kearns Goodwin explained that acknowledgement of error shows empathy and even strengthens a president's support. However, as we know all too well, not for this president. Mr. Trump will never apologize or admit fault, unless it is pointed in someone else's direction.

Brock Long, the FEMA Administrator, explained that the situation in the Carolinas is still unfolding  and that life safety is the main concern right now for FEMA. Mr. Long described recovery efforts in terms of four legs of a chair - federal government, local government, private sector and the citizening - and that each leg had to be working to be effective. However, if the local government is incapacitated then it's up to FEMA to shoulder the responsibility and marshal and distribute the resources. That's what FEMA does for American citizens... All American citizens.

It's understandable that Administrator Long doesn't want to get into the politics as a FEMA administrator shouldn't, but he did say that the number for the death toll in Puerto Rico are all over the place, which they clearly are not. But in addition to that he said that he didn't know why the studies were conducted. What? This makes one question his ability to be the head administrator, seriously. These studies were commissioned by the government to determine what exactly happened and hence how your agency can improve in its response.

Whether admitted or not, we can only hope that Mr. Long has learned the lessons of Hurricane Maria and will do a better job for the people of North and South Carolina, while continuing to help Puerto Rico.

And speaking of help, President Trump is beyond it.

His former campaign chairman, Paul Manafort, has flipped this week, something the ever-infuriating Harvard Law Professor Alan Dershowitz even said was a terrible day for the president. Terrible, indeed. As Congressman Adam Schiff (D-CA) said in his interview, the longer you wait the more time in prison you'll get. No doubt as Mr. Manafort waited too long and now he is trying to avoid prison before the day comes where he'll have to be fitted for adult diapers.

Mr. Manafort has come to realize that because of both the state and federal charges against him that a pardon by Mr. Trump will not get him out of jail time. And he's also understanding that as everyone knows, loyalty when it comes to Mr. Trump is a one-way street. As Ms. Kearns Goodwin explained, administration officials need to be loyal to their jobs, not to a single person.  Yet for Mr. Trump, you have to give it personally to get it, but that you wait for the latter in vain. Now, special counsel Robert Mueller is 'inside' the room during the Trump Tower meeting with the Russians back in June of 2016. Also, there was seemingly a quid quo pro between Mr. Manafort and Oleg Deripaska, the Russian oligarch and close friend to Vladimir Putin, which Mr. Mueller's team will now have insight into the relationship.

The president's lawyer, Rudy Giuliani, said Friday and yesterday that the cooperation of Mr. Manafort with the special counsel's office has nothing to do with the president or his campaign, which is yet to be seen. However, one should take heed of Ms. Alcindor's insight that it's more about the financials, specifically Mr. Manafort's and what he knows about Mr. Trump's financial ties to the Russians, which are substantial. That angle of the story seems to be somewhat off the radar, but it's likely to become one of the most significant developments in how Mr. Trump is beholden to Russian oligarchs and hence the Kremlin.

The most damaging information is yet to come, there is now little doubt.


Panel: Doris Kearns Goodwin, presidential historian; Peggy Noonan, The Wall Street Journal; Yamiche Alcindor, PBS; Rich Lowry, The National Review

Sunday, September 09, 2018

9.9.18: Everyone's Joined In Outrage

There's certainly a lot to comment on from this past week, but it's important to start with what Senator Ben Sasse (R-NE) explained in his interview today which was as long as we're focused on the daily incompetence of the president, there is no longer term vision or policy that is being executed. Granted it's almost impossible not to discuss anything without factoring the president into the equation, despite what Budget Director Mick Mulvaney said to donors the other day that if you take Mr. Trump out of the equation, Republicans will do very well in these midterm elections. Not much of a pep talk.

According to the anonymous op-ed in The New York Times written by a senior administration official, the public should take some 'cold comfort' in the fact that there are adults in the room. Kellyanne Conway, counselor to the president, is not one of them. She's the ultimate enabler to be certain. She explained that the team has tightened this week because of the op-ed, as they are "joined in our outrage." Aptly put considering that a majority of Americans are joined in their outrage about the performance of this president. Everyone's raging...

Chuck Todd asked Ms. Conway if the president is in charge of his presidency, to which you'd never get any other answer than 'of course.' But it's clear, as the panel discussed, that we have learned nothing new from the op-ed or from the excerpts of Bob Woodward's upcoming book Fear, except to confirm what we've been hearing on a daily basis. Case in point is Ms. Conway herself. She received a request from Mr. Woodward to interview the president for the book, and even though she does have direct access to the president, she decided herself to bury the request instead of informing the president about it. She admitted as much today.

Any which way, an 'unelected cabal' of people in an administration, especially this one, is not how the country should be run. As Cornell Belcher and Danielle Pletka agreed, it's both slightly comforting, but also terrifying.

And of course, what the op-ed achieved was to bring out even more authoritarian tendencies on the part of Donald Trump, ignorantly accusing The New York Times of treason. Also, when Mr. Todd asked Ms. Conway what law was broken that would precipitate President Trump telling Attorney General Jeff Sessions to investigate the leak, she of course didn't have an answer.

In terms of the Republicans in Congress, for the most part they're just keeping their heads down with nothing to say with the exception of the aforementioned Mr. Sasse who did in fact describe this administration as a reality show today. But writ large, Republicans haven't done a single thing in the form of any real oversight of this president or administration.

Instead, they're only, obviously, interested in their own power to in the case of confirming Judge Brett Kavanaugh for the Supreme Court, protecting their interests in the event that they lose power. Senator Dick Durbin (D-IL) today accurately described every one of the Mr. Kavanaugh's answers as evasive and numbingly repetitious. Throughout the hearings, Mr. Kavanaugh repeatedly said that he would not answer a 'hypothetical' question so there was no gaining any insight into his judicial philosophy because so much of the documentation on Mr. Kavanaugh was withheld from the public.

Mr. Todd brought up Senator Kamala Harris's inquiry to Mr. Kavanaugh as to whether he had spoken to anyone at the president's lawyer's firm about the Mueller investigation. Mr. Durbin answered that Ms. Harris had heard that such a conversation may have taken place so she asked the nominee about it. It was the only definitive answer he gave, which was a 'no' answer, however it took him two days to answer with that one-word response.

Mr. Kavanaugh should not be confirmed for a lifetime appointment as a Supreme Court Justice as he is the epitome of an activist jurist. In the moment, as Mr. Durbin rightly outlined, he would rule for President Trump to deem any legal action against the president unconstitutional, essentially putting Mr. Trump above the law. And then in the long term, Mr. Kavanaugh, despite what he's said in these hearings, will acquiesce to the hard right and decide again Roe vs. Wade should it come before the court. Unfortunately, Republicans will successful jam this nominee through before the midterms, where they are anticipating losing control of Congress.

Our completely Republican-controlled government did the only two things it could in these two years of absolute control - confirm hard right Supreme Court judges and pass a massive unnecessary tax cut for the wealthiest Americans.


Panel: Katy Tur, NBC; Danielle Pletka, American Enterprise Institute; Cornell Belcher, Democratic Strategiest; Erick Erickson, The Resurgent


One More Thing...
The president really needs to learn how to say 'anonymous' to fain any sort of outrage. Or maybe just the meds were kicking in, anyone's guess...




Update: And if we were betting on who the anonymous op-ed writer is, this column predicts it's National Security Advisor, John Bolton.


Sunday, September 02, 2018

9.2.18: Americans Need To Be Reconditioned

Both senators interviewed on today's "Meet The Press" respectively spoke in measured tones, just how you would think United States senators would exercise their discourse. It's like you almost get the feeling that in the senate, at least, both parties do want to work together but alas cannot because of pressure from unyielding base supporters who have been conditioned to think that politics is a zero-sum proposition when really it is not. What the United States Senate really has really suffered from is poor leadership in these past years. Harry Reid wasn't great but Mitch McConnell is much worse. Instead of fulfilling the role of what it means to be a senator, like the late John McCain, Mr. McConnell changes the rules and runs the chamber simply to enhance his own power. He will also acquiesce to and excuse the president's poisonous rhetoric and unethical actions to enhance his zero-sum agenda.

All of this is antithetical to what John McCain stood for, and that's why in his late vote on the Senate floor he bucked his party and didn't vote to kill the Affordable Care Act. Under Mr. McConnell, the chamber didn't procedure in regular order on this vote and Mr. McCain had made that known, then stuck it in Mr. McConnell's face.

Senator Dan Sullivan (R-AK) gave the example of bipartisanship in the passing of the National Defense Authorization Act. However, he has to go soft on criticism of the president inasmuch as the bill was named after Senator McCain, which the president never acknowledged when he signed it.

Our politics is petty, but we expect our political leaders not to be; to rise above this pettiness to show us a better way. Unfortunately, it starts at the top and Mr. Trump has shown us that he is the most petty, thin-skinned, vindictive politician that Washington has ever seen.

Chuck Todd posed a suggestion, from the Democratic base, to Senator Amy Klobuchar (D-MN) that Democrats on the Senate judiciary committee who will participate in hearings of Judge Brett Kavanaugh for the Supreme Court should walk out, to which Ms. Klobuchar rightly pushed back on. Not to participate would be politically unwise. However, Senator Klobuchar did explain that this isn't a normal time because the president citing executive privilege will not release 100,000 documents concerning Mr. Kavanaugh and that over 100,000 documents that she has seen can not be made public. This on top of the fact that Mr. Kavanaugh has been nominated by a president that has been implicated in campaign finance crime (by Michael Cohen under oath), and that Senator McConnell denied Merrick Garland a hearing when he should have gotten one. But honor and the institution of the Senate matter not to Mitch McConnell, just the zero-sum win - not just to get more in the deal but to take it all.

Mr. Todd also brought up the notion that the memorial for John McCain was also a memorial for an era of political civility and that calling of 'higher purpose.' The Cook Political Report's Amy Walter responded by saying that that era had already left some time ago, which is unfortunately true. On the other hand, The New York Times Magazine's Mark Leibovich explained that yesterday's memorial at the National Cathedral was very Trump specific, and it was. This column wholeheartedly agrees with Mr. Leibovich that the most poignant moment yesterday came from President Barack Obama who explained to everyone's surprise that he and Senator McCain would talk alone at times in the Oval Office, and though they disagreed they both never doubted that they were always on the same team.

American need to be reconditioned to realize that we can have differences but we're all on the same team. Sadly, Mr. Trump will never be the leader inclined to even think about this, especially when he's only interested in what the presidency can do for him and not the country writ large. Division works to only his advantage, and not the country's.  that the

***

As much as Congressman Ron DeSantis seems like a mindless sycophant of Donald Trump, he has the advantage at this moment over his Democratic opponent Tallahassee mayor Andrew Gillum in the Florida gubernatorial race, despite the detestable 'monkey it up' statement by Mr. DeSantis and the ensuing racist robocalls sponsored by a neo-nazi group. Mr. Gillum, interviewed on today's program, said he was pleased that the DeSantis campaign denounced the robocalls, but he also said that Mr. DeSantis should take more personal responsibility for his statements, which Mr. DeSantis has refused to apologize for. Mr. Gillum unrealistically wants Medicare for all and to abolish ICE, to which Republicans in the state will apply many dog whistles or messaging less subtle. There's also the issue of the a bribery investigation in Tallahassee, which Mr. Gillum answered for very forthrightly. Though he is not implicated and is not a target, saying he has nothing to hide, Mr. Todd applied the point of perception vs. reality. The bottom line is that Mr. Gillum is much better suited for the governor's position being in charge of a municipality.  There's no doubt this will be the toughest, potentially dirtiest race we see this election season. (It's already started that way.)


Panel: Kimberly Atkins, The Boston Herald; Amy Walter, The Cook Political Report; Matthew Continetti, The Washington Free Beacon; Mark Leibovich, The New York Times Magazine