Sunday, October 14, 2018
Senator Chuck Grassley, Chair of the Senate Judiciary Committee, threw out the Senate’s blue slip tradition. The Chair of the Committee will send a blue slip to the two Senators from the state of residence of a Presidential nominee. The Senators can check aye or nay on it or not return it. The effect of the blue slip varied over the past century. Some chairs would veto a nominee unless two aye sips were returned. Others would forward it to a committee vote if only one aye were received. Some only treated it as an expression of how a Senator would vote when the nomination came to a floor vote. That’s about what it amounts to now. President Trump nominated three appointments to the liberal dominated Ninth Circuit Court of Appeals. All three are conservatives, members of the Federalist Society. The Trump Administration had negotiated with Senator Feinstein into last summer over the open seats on the Ninth Circuit. The discussions broke down. Senator Feinstein was apoplectic in learning Thursday that President Trump nominated three she had opposed to the Ninth Circuit. She wrote: “The decision to move forward on Ninth Circuit nominees without consultation or responding to my acceptance of the White House’s offer reflects President Trump’s desire to stack the court. I expect my blue slips to be honored as I was acting in good faith.” The Senator said she repeatedly told the Trump Administration that she wanted to reach an agreement on the package of three appointees, but the President moved ahead without consulting her on these three. Senator Feinstein doesn’t get it. It is irrelevant how much “good faith” she has, she has to “goodwill” in the bank after her Kavanaugh machinations. Senators Feinstein and Harris said they sent a list od three appointees to the White House, to which they were, of course, unacceptable. Conservatives are equally fed up with both Senators and the Ninth Circuit, the radical Ninth Circuit stacked with progressive judges. The court is known as the “Nutty Ninth Circus.” The Ninth Circuit includes nine states: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. California, Hawaii, Oregon and Washington consistently have 2 highly progressive Senators. The blue slip gave them the power to stack the federal district courts in the Ninth Circuit and the Court of Appeals with progressive judges. Thus, the district and appellate judges have led the judicial resistance to the Trump Administration. Even if the three new appointees are confirmed to the Ninth Circuit Court of Appeals, the Democratic appointees will still be 16 judges compared to 10 for the Republicans. It’s a start. President Trump, Senate Majority Leader Mitch McConnell and Senate Judiciary Committee Chair Charles Grassley are committed to reforming the federal judiciary. A major reason for the President’s election was the control over appointments to the Supreme Court. President Trump responded with the appointment of Justices Gorsuch and Kavanaugh to the Supreme Court. The Republican Senators have further confirmed 29 appellate judges and 53 district court judges. Another 7 appellate judges and 48 district court judges are pending before Congress. Senator McConnell pushed through 15 judicial appointments last Thursday by threatening to keep the Senate in session through the election season unless they acted on the judges. The Democrats capitulated on the 15. Another 57 confirmations are pending. Several will be confirmed before 2019. Senator McConnell said Saturday “We’ll keep confirming them.” President Obama had two Supreme Court justices, 55 court of appeals judges, 268 district court judges and 4 United States Court of International Trade confirmed in 8 years. President Trump is on pace to surpass President Obama. The Democrats have then Senate Majority Leader Harry Reid to blame. The democrats under Senator Reid marched in lockstep in 2012 to eliminate th efillibuster on district and appellate judges. The intent was to pack the judiciary, especially the D.C. Circuit, with progressive Obama appointees. What goes around, comes around. The Republicans are engaged in payback. The November 2018 Senate elections are for control of the judiciary.
Wednesday, October 10, 2018
J’Accuse Democrats on Kavanaugh Have the Democrats no shame? Emile Zola published an open letter, J’Accuse on January 13, 1898, accusing the French military of framing Captain Alfred Dreyfus. J’Accuse Democrats for Lowering the Discourse The Senate Democrats Dianne Feinstein for demanding a FBI investigation after sitting on Dr. Ford’s letter for six weeks. Senator Cory Booker: I am Spartacus groped a girl in high school, and urged activists to “get up in the face of some congresspeople.” Senator Richard Blumenthal who, after mispresenting his military past for years, attacked Judge Kavanaugh’s credibility. “Falsus in uno, falsus in omnibus.” Senator Mazie Hirono, who used the hearings to send out a fundraiser letter. Ten women were allegedly assaulted by Senator Daniel Inouye, her mentor. She stood by him 100%. Representative Keith Ellison for domestic violence. Senator Sherrod Brown for domestic violence. President Bill Clinton Res Ipsa Loquiter Secretary of State Hillary Clinton Res Ipsa Loquiter Senator Ted Kennedy both for Chappaquiddick and Borking. Senator Elizabeth Warren for lying about Indian ancestry on job applications. Ronan Farrow, Jane Mayer, and the New Yorker for publishing unverified claims by Deborah Ramirez. Michael Avenatti and Julie Swetnick The main stream media for collusion with the Democrats in the Trump Derangement Syndrome. The Harvard and Yale faculty members, students, and alumni who immediately assumed Justice Kavanaugh was guilty of the unverifiable accusations. Ariel Dumas, writer for the Late Show With Stephen Colbert, who tweeted: “Whatever happens, I’m just glad we ruined Brett Kavanaugh’s life.” Samantha Ness, Minnesota Special Education teacher, who tweeted Saturday “So whose (sic) going to take one for the team and kill Kavanaugh?” Cartoonist Chris Britt for two cartoons, 1) Brett Kavanaugh jumping on the Predator Bus with Clarence Thomas and Roy Moore, and 2) Justice Kavanaugh’s 10 year old daughter praying by her bed: “Dear God, Forgive My Angry, Lying, Alcoholic Father for Sexually Assaulting Dr. Ford.” Erik Brady, sportswriter for USA Today, for writing “The U.S. Senate may yet confirm Kavanaugh to the Supreme Court, but he should stay off basketball courts for now when kids are around.” Sarah Silverman for tweeting about President Trump “I hope you someday understand what it is to be held down against your will and violated.” Dave Hogue, Google’s UX Design Head, tweeting “You are finished, @GOP. You polished the final nails for your own coffins. F—K You. All. TO HELL” and “I hope the last images burned into your slimy, evil, treasonous retinas are millions of women laughing and clapping and celebrating as your souls descend into the flames.” Eric Holder, former Attorney General, “When they go low, we kick ‘em. That’s what this new Democratic Party is about.” Hillary Clinton, again: “You cannot be civil with a political party that wants to destroy what you stand for, what you care about.” Representative Maxime Waters who urged supporters to harass Trump Administration officials: “Tell them they’re not welcome anymore, anywhere.” Antifa. Tell me again, who’s taking the low road?
Saturday, October 6, 2018
Senator Dianne Feinstein is the Ranking Democrat on the Senate Judiciary Committee. She is the only one of the ten Democrats who is not a lawyer. The other nine Democrats are all graduates of the nation’s most elite law schools: Richard Blumenthal (Yale) Cory Booker (Yale) Chris Coons (Yale) Richard Durbin (Georgetown) Kamala Harris (Hastings) Mazie Hirono (Georgetown) Amy Klobucher (Chicago) Patrick Leahy (Georgetown) Sheldon Whitehouse (Virginia) These elite law schools have outstanding faculties. They teach courses in Constitutional Law and Criminal law. They teach due process and the presumption of innocence. Due process traces back to the Magna Carta. It is the bedrock of the Anglo-American legal system and the human rights of the people. Due process is the essence of the Fifth Amendment. Citizens would be subject to the whim of the sovereign (king, emperor, sultan, shah, sheik, emir, president, prime minister, dictator) without due process and the presumption of innocence. These Democratic Senators are turning the #MeToo Movement into today’s McCarthyism – guilt by accusation. Proof is unnecessary. The Democrats’ statements and actions show a blatant disregard of due process, the presumption of innocence, and the rights of Judge Kavanaugh. They start and end with the presumption of guilt on the part of the judge because it suits their political goals. Trashing the Rule of Law for political advantage, if successful, can be the death knell for our democracy and republic. Once the abusers taste success through unbridled power, they can find it addictive and intoxicating. Many believe Judge Kavanaugh is guilty through association because he is a white male. White males sexually assault women. Thus the judge must be, is guilty as charged. Cory Booker uttered the ultimate denial of due process: “It doesn’t matter if Judge Brett Kavanaugh is innocent or guilty. He should be voted down: Ultimately, not whether he’s innocent or guilty – this is not a trial –but ultimately, have enough questions been raised that we should now move on to another candidate?” It’s enough “that his credibility has been challenged by intimates ….” By this reasoning, if enough charges, no matter how spurious, are hurled at a nominee, then the nominee is unqualified for office. Of course, the Senator said in July that it would be “evil” to support the confirmation of Judge Kavanaugh. Senator Hirono doesn’t believe in the presumption of innocence for conservatives. She said the judge has no presumption of innocence because of “how he approaches his cases – He’s very outcome-driven, he has an ideological agenda.” She attacked Judge Kavanaugh’s “lack of credibility” and “inability to be fair” because “I put his denial in the context of everything that I know about him in terms of how he approaches his cases.” She responded when asked if she were open to voting for Judge Kavanaugh: “Maybe if he turns miraculously into a Sotomayor.” The irony is that she asserted Judge Kavanaugh is suspect because he “doesn’t even get the basics of the law.” Senator Minority Leader Chuck Schumer is also a Harvard Law School graduate as is Congressman Adam Schiff. Senator Schumer vowed to stop the nomination with everything in his power. Some Democrats are threatening impeachment of Justice Kavanaugh if he is confirmed and they gain control of the House. Representative Jerrold Nadler (Fordham Law School), ranking Democrat on the House Judiciary Committee said: “If he is on the Supreme Court and the Senate hasn’t investigated, then the House will have to.” Justice Kavanaugh was subject to intensive investigations. The problem for the Democrats is that they found nothing to corroborate unverifiable claims from 3½ decades ago. A Nancy Pelosi led House of Representatives will ignore due process. Representative Nadler warned “We would have to investigate any credible allegation, certainly of perjury and other things that haven’t been properly looked into before.” He also said about the FBI investigation if not a “free hand” investigation: “If they don’t , that’s a real problem. It would call into validity the entire Senate process. I would hope that Senator Flake and others would make clear that their votes will not be for the nominee unless there is a free hand for proper investigation of these very serious allegations of sexual assaults.” Does Representative Nadler really want to drag Dr. Ford back to D.C. for what could well be a brutal cross-examination that could emotionally crush her? Senator Whitehouse said: “As soon as Democrats get gavels,” they will further investigate the allegations. Representative Eric Swalwell (Maryland Law) said: “If the Republicans rush through a nominee where you have unanswered sexual assault allegations, I can promise you that Democratic senators will be interested in going and looking and those allegations, and if Judge Kavanaugh lied under oath, you could see a judicial impeachment, and that’s not good for anybody, so we should try and avoid that.” The Democrats already believe Judge Kavanaugh has lied. If the Democratic lawyers are unconcerned about due process and the presumption of innocence now, why will they worry about evidence or proof in the future? The dilemma for the Democrats is who should be impeached first: President Trump or Justice Kavanaugh? ________________________________________________________________________________________________________ Haven't the Democrats learnt that what goes around, comes around? Justices Grouch and Kavanaugh are on the Supreme Court because then Senate Majority Leader Harry Reid eliminated the filibuster on federal district and appellate court judges? Impeaching a judge for political reasons is incredibly dangerous. If it occurs, the Republicans would love to toss the liberals off the Court.
Justice Kavanaugh was confirmed 50-48 earlier today. Democrats have threatened impeachment. Let the Republicans play the same game. Perhaps at some point both sides will come to their senses for the good of the Republic and adhere to recognized mores of behavior. The Democrats unleashed furies in the Kavanaugh political battle. Until then let the FBI, Republicans and the Administration initiate investigations of all those who transgressed during the confirmation process. Illegal conduct should be punished. . First start with all those on social media who threatened the justice and his family, Dr. Ford and her family, and members of Congress and their staffers through social media or the telephone. Death and other threats have sadly become the stock in trade of many in social media. They wrongly believe anonymity will protect them. Second, investigate all those who may have lied in providing affidavits under pain of perjury in the Kavanaugh confirmation. If they committed perjury, indict them. Remember that perjury requires intent. Third, investigate those who may have engaged in witness tampering. Fourth, investigate Dr. Ford’s lawyers for possible ethical violations. She indicated at the Thursday hearing that she was unaware the Judiciary Committee was willing to interview her in private in California. If true, her lawyers breached their ethical obligation to inform her, their client, of the offers. Fifth, investigate those who buttoned holed Senators and otherwise accosted them. Bullies and mobs should not physically threaten the nation’s elected representatives. Sixth, investigate Senator Feinstein for sitting on the accusation for over 6 weeks. Seven, also investigate who leaked the letter from the Senator’s office or wherever. Magnanimity in victory is usually desirable, but the Democrats’ scorched earth conduct should not go unpunished. Send a message, or see more of the same.