Update from the Sunland
No.874
1.10.18 – 7.10.18
Blog version: http://heartlandupdate.blogspot.com/
To all,
The ordeal is finally over. Associate Justice Brett Michael Kavanaugh was confirmed by the Senate and sworn in within hours of his confirmation. My comments hence are therefore irrelevant and readers are welcome to ignore it all.
Of all the words in the Kavanaugh confirmation process, the words that stick out the most and ring the loudest to me come from his prepared statement opening the questioning of him after Dr. Ford’s accusation.
“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 and coordinated character assassination will dissuade competent and good people of all political persuasions, from serving our country.”
Really! Those are his words—no one else’s. He wrote them down, presumably edited them. His judicial writings henceforth will be colored by these words. The myopic faux-righteousness is mind-numbing, in essence condoning the misbehavior on the right while he falsely condemns the left . . . revenge of the Clintons . . . really? And then, on Thursday, he penned an op-ed for the Wall Street Journal to explain, or perhaps justify, his performance in the confirmation hearings.
“I Am an Independent, Impartial Judge – Yes, I was emotional last Thursday. I hope everyone can understand I was there as a son, husband and dad.”
by Brett M. Kavanaugh
Wall Street Journal
Published: Oct. 4, 2018 7:30 p.m. ET
From his words alone, we see proof that the title of his op-ed statement is not true and portents ominous days ahead. No, Brett, I do not understand. You were immersed in a job interview for the highest court in this Grand Republic; you were NOT being interviewed as a “son, husband and dad.” The job you were being interviewed for deserved a more appropriate performance than stooping to the BIC’s conduct example. We can only hope Kavanaugh is able to rise above the rhetoric and rancor to be a moderate, swing vote in spirit of his mentor. The hope is rather slim, but there is always hope, until there is none.
As we have seen demonstrated countless times in my lifetime, it is not the crime but the cover-up that usually does the real damage. It is quite plausible that Kavanaugh does not remember that episode illuminated by Dr. Ford’s accusation because he was misidentified and not involved, or that he drank too much that day and truly does not remember his conduct. He could have acknowledged the reality of those years that he occasionally drank too much alcohol, that he sincerely does not recall ever doing anything even remotely close to the deplorable conduct indicated by Dr. Ford’s accusation. If he did that, he could have apologized for his deeply offensive, abhorrent and disgusting behavior. But no, he took a page out of the BIC’s playbook—deny, deny, deny, never ever apologize, and attack anyone and everyone who accuses you. If Kavanaugh had recognized reality, been contrite in his words, and humble enough to accept his youthful immaturity, he would not been irreparably contaminated by this sordid affair. No, Kavanaugh does not belong on the Supreme Court . . . or even on the Appeals Court. He conducted himself as a political hack in the style of the Bully-in-Chief (BIC); that behavior is NOT tolerable anywhere and especially in the Judiciary. Kavanaugh failed the test.
The Senate voted for cloture on Friday and voted to confirm Kavanaugh on Saturday by a vote of 50-48-1-1(0), so it is done. The Supreme Court is back to full strength.
This is exactly what happens when an energized minority goes to the polls on Election Day. The majority of We, the People, either did not vote or did not pay sufficient attention to the constitutionally defined process. And so it goes!
I am terribly sorry Dr. Ford had to endure what she did. I must praise her courage for speaking up and standing to the mark. We must hope and strive for a brighter, more enlightened, and more mature day for this Grand Republic and the female segment of We, the People.
Senator Susan Collins of Maine gave a thoughtful, reasoned and stimulating speech on the floor of the Senate to justify her intention to confirm Kavanaugh’s nomination. In general and in the main, she was correct. There was no evidence presented that might convict Kavanaugh beyond a reasonable doubt of the sexual assault of Christine Blasey Ford. Collins is also correct that there is a presumption of innocence in American common law. However, she failed to either recognize or acknowledge that the courtroom standard is not applicable here for a variety of reasons, not least of which was he was not charged or on trial. The standard, as in any job interview, was simply likely or not. When you weight the circumstantial evidence, the scales tilt against Kavanaugh, and especially with respect to a lifetime appointment to the highest court of review in this Grand Republic, we should err on the side of caution, not wishful thinking. No, Susan you were wrong. However, as indicated above, my opinion is irrelevant and moot.
Congratulations to the orange one . . . another win, a really big win . . . the winningest president ever to occupy the Oval Office . . . ever . . . and to the Senate Republicans who managed to stay united and accomplish the one singular, primary, ultimate objective they have sought for 45 years. Even at the end of the day, they managed to cower even Senator Lisa Murkowski of Alaska, who voted present rather than be the only Republican to vote no. I think it safe to say Senator McConnell’s unilateral decision to stonewall President Obama’s constitutional authority and betray the spirit of the Constitution itself has to be marked as the pivotal turning point.
13.February.2016 – Associate Justice Antonin Scalia suddenly passed away.
16.March.2016 – President Obama nominated Judge Merritt Garland in accordance with the Constitution; Senator McConnell publicly proclaimed to the President and We, the People, “You will not fill this Supreme Court vacancy.”
20.January.2017 – the BIC assumed office with an immediate vacancy appointment.
This day must make the conservatives, evangelicals, moral projectionists and loyal supporters of the BIC feel very good. Enjoy it, and please, try not to gloat like the BIC does; it is very unbecoming, but we all know the BIC could not care less.
Beyond the rending process that Supreme Court nominee confirmations have become, Senator McConnell’s rather bizarre and quite lame, highly selective, interpretation of history to justify his unilateral obstruction and defiance of the Constitution in 2016 is becoming the ultimate example of hypocrisy. He went on Fox News to reinforce to the believers and to try to convince us that we have to go back to 1880, when the Senate of a different party was asked to confirm a Supreme Court nominee from the president and in the last year of the president’s term. What he failed to recognize or acknowledge in his misinformation statement . . . all of that was a product of fate . . . until 2016; Supreme Court vacancies are not scheduled—they happen. The obstruction of the Republicans to many of President Obama’s Judiciary nominees and especially the 2016 defiance of the Constitution is, as I stated, the ultimate in hypocrisy. Further, McConnell and the Republicans are counting on the American people not doing their homework to call out his falsehood. I will be that one voice . . . bullshit, Mitch! You defied the Constitution and got away with it.
If you are offended by the hypocrisy of politicians like McConnell, VOTE! Social conservatives are a minority; they are not the majority, but they vote. Social conservatives are NOT fiscal conservatives, as they like to portray themselves; they spend the Treasury just like liberals; and worse, they are perfectly willing to cast aside their morality, their beliefs, their commitments, anything and everything to dominate the private conduct of We, the People. We made our bed; now, we must sleep in it.
A big, shout out, thank you from all of us must go to the New York Times for the enormous research effort and the writing of this important article.
“Trump Engaged in Suspect Tax Schemes as He Reaped Riches From His Father”
by David Barstow, Susanne Craig and Russ Buettner
New York Times
Published: Oct. 2, 2018
I have long suspected the BIC was not what he claimed to be. This is the closest we have gotten to the truth. We can now understand why he was so resistive to complying with decades of modern precedent in his refusal to release his tax returns. All snake-oil salesmen are incapable of recognizing, set aside speaking, the truth—that is part of their shtick. As his staunch believers will proclaim . . . so what; he’s the president . . . nanny, nanny, poo-poo.
It is important to note and acknowledge that the Labor Department reported the U.S. nonfarm payrolls rose a seasonally adjusted 134,000 in September, the smallest gain in a year. Wages rose 2.8% from a year earlier. The unemployment rate fell to 3.7% from 3.9% in August, the lowest rate since December 1969. These are possible signs employers are starting to struggle to fill jobs, as we approach the theoretical full employment level. So, another kudo goes to the orange one as he pats himself on the back.
Like the whispered admonition to the victorious returning Roman general savoring the adulation of the Roman crowds, “Sic transit gloria mundi” [Thus passes the glory of the world (or, more popularly, all glory is fleeting)], the BIC should listen to those wise words. However, he has not even a whiff of concern for history, so the words are lost on him.
Continuation from Update no.872:
“As always you are not getting all the news reports because you only listen to a select one or two.. this is all a setup in this particular situation.. the women are not even credible.
“It’s all a Democrat strategy right before midterms. So obvious it’s sickening.. Kavanaugh is getting treated worse than a murder suspect. People are tiring of Democrat shenanigans.. full force anti-Democrat voting coming in November!!”
My reply:
I see no purpose in furtherance of the tête-à-tête regarding your misinformation. ‘Nuf said.
I have acknowledged that Dr. Ford may be mistaken in identification of her attacker; we have insufficient evidence to prove her attacker’s identity beyond a reasonable doubt. I do not know why you have declared Dr. Ford not credible, but that is your choice; and, I am certain there is no amount of evidence to dissuade you. So, we shall leave it there.
I am long past tiring of the BIC’s snake-oil chants. My threshold was passed . . . oh . . . 30+ years ago—long before his election. I will be so grateful when his era is behind us, and we can move onto brighter “sunlit uplands.” I’m really tired of this freakin’ valley he keeps us in.
Your forecasting of the November vote is quite interesting. You may well be correct. Virtually all the political polls predicted Clinton would win handily in 2016; they were all wrong—all! Factual reality is a mere five weeks away from this evening. We shall see. If you are wrong, I expect it will significantly alter the dynamics of the federal government, including the BIC’s efforts for self-promotion.
Comments and contributions from Update no.873:
“My, you do have plenty of material at the moment for sure. Yes we saw quite a portion of those defence statements on the Beeb-all very moving, I was just glad not to be an adjudicator on that one.”
My response:
Yes, way too much stuff to cover it all. I missed virtually a whole week of my writing, but that is life. This too shall pass. I want this resolved either way; just get ‘er done.
Comment to the Blog:
“I'll begin by picking on one sentence. ‘This week was a total bust beyond the BIC and his SCOTUS nominee.’ No, not at all. The SCOTUS nominee is important, but other major developments have gone nearly unreported. Trump's antics were a distraction.
“I certainly agree that the makeup of the Supreme Court matters a great deal. Your point about the Senate hearings being in the nature of a job interview is valid and important. In that context, ‘fit’ (demeanor, attitude, personality) is as much a factor as qualifications. I submit that Judge Kavanaugh's performance on that fateful Thursday shows him to be unfit due to his personal issues. Judges and Justices ought to be relatively impartial and emotionally stable. Judge Kavanaugh showed himself to be neither. As far as proof in criminal law, we should examine other witnesses and that calendar (and diaries, if any exist). The FBI will do that if they are not unduly restrained. I see Kavanaugh as a blackout drunk who remembers nothing about this and states what he wishes he remembered. He has come this far based on the privileges our society grants white upper-class males.
“In other news, the Administration proceeds with rolling back environmental regulations in the face of all evidence. This week's revelation is the EPA's own prediction that climate change will cause 7 degrees Fahrenheit rise in world temperature rise by 2100. That would/will have disastrous results including the loss of South Florida and of New Orleans as well as many other major disasters. Another government report predicts another 1,400 deaths a year from air pollution regulation rollbacks that they are nonetheless proceeding with.
“Also, the people who round up immigrant children made another round of calls to the foster parents and others having custody of them. They again could not verify the location and well-being of over 1400 of those children.
“Congress continues passing budget bills while most of us are distracted. I have yet to dig into those, but I know there's trouble there as well.
“No, the week was not a ‘total bust.’ We were just involved with the bread and circuses instead of the barbarians at the gates.”
My response to the Blog:
Thank you for your observations. Yes, the world continues to turn beyond the orbit of the BIC. I was only commenting on my capacity to absorb, digest and reflect, not on the expanse of important and newsworthy events in this period.
Yeah, precisely, the BIC clearly enjoyed Kavanaugh’s combative performance, but we most definitely do not need another BIC, especially on the Supreme Court. Beyond my serious concerns for his “strict constructionist” approach to jurisprudence, his blatantly political attack violated the American Bar Association’s code of judicial conduct and is disqualifying. However, given the majority’s blind tribal parochialism, they are going to make every attempt to ram this one through the knothole. Again, you are precisely correct; Kavanaugh demonstrated in graphic form that he is neither impartial nor unemotional. His repetitive excessive alcohol intoxication episodes in high school and college indicate he may well have suffered blackouts more than once. Of course, he cannot remember and thus denied knowing anything about such events, but failed the test. The negative signs are all on his side of the equation, not hers.
The BIC’s administration gutting of environmental regulation plays to the ultra-right conservatives, who are perfectly willing to burn down the house for a buck. There will be a correction; it is only a matter of time. Burning down the house is not an acceptable method.
The separated children of illegal border-crossers are problematic. Some, perhaps even a majority, of the unconnected children may well be trafficked children for sex work and may have any one of a number of complicating factors. None of that, even if it is marginally accurate, absolves the government bungling of the border control problem. There are also good, innocent children being abused by an impersonal system.
Re: budget bill. You got that right. It’s like . . . you know he is lying because his mouth is moving. Comparably, a budget bill has pork, almost by definition. Congress just cannot resist the temptation.
Yes, you caught me; my observation was selfish and self-centered, not a reflection of the world in general. Thank you for the catch.
My very best wishes to all. Take care of yourselves and each other.
Cheers,
Cap :-)
3 comments:
The investigation into Judge Kavanaugh’s personal history was severely limited in time and scope. It doesn’t mean anything. Senator Collins’ speech is a disgrace to her and motivates her opposition. Let us remember that if the House changes hands in November, impeachment is available. Justice Thomas would probably be an easier target than Justice Kavanaugh, but either or both would change the situation.
At this point, the United States cannot claim to be a representative republic in any of its three branches. Trump was elected by a minority of voters, and all voters comprised about half of the electorate. Thanks to the Electoral College, the Senators who approved Kavanaugh’s selection to the Supreme Court represent less than half of all Americans. We’re done with that “democracy” thing for now. The week’s more important news (more tax cuts for the wealthy, environmental regulation rollbacks, direct refusal to address climate change, etc.) supports that.
The Democratic Party, as an entity, must bear some of the responsibility for this mess. They (and their funding sources) have campaigned for too many years on the negative claim that they’re not as evil as the Republicans. They’re not, but independent and progressive voters stay home in droves because nobody offers them something positive to vote for. In the absence of voter intervention, this situation will continue so long as politics is guided by corporate funds and a few of the very wealthy. We have a reasonable chance of at least a partial intervention in the upcoming midterm election. Many of the Democratic House and down-ballot candidates came through the primary system without the support of the Democratic National Committee, and they mostly campaigned by offering voters concrete programs and policies. If they can overcome the management of their own party, they have a reasonable chance to defeat the scary nonsense that is the foundation of Republican political success (also corporate funded).
Nobody ought to be surprised that most of Trump’s wealth (if he still has it) was inherited. He’s obviously and aggressively ignorant. That doesn’t make for business success. Because we have no access to his tax returns or other financial information, we can’t be sure he didn’t lose most of that money.
Unemployment is low because so many employers don’t raise wages to attract workers. (Yawns) Like the man some of them support, they want to keep the money for themselves.
Part 1:
Good morning to you, Calvin,
The Republicans have been single-minded, focused and relentless in their 45-year pursuit of a conservative Judiciary . . . from their recalcitrance in forcing the Democrat majority leader to abandon the historic super-majority for court confirmations, to the Republican majority leader’s unilateral, unconstitutional stonewalling of the president’s constitutional right to appoint replacement justices, and now the Senate’s disgusting effort producing mounds of paper with the misinformation of transparency and thoroughness. The Senate’s vetting process was not about the truth or rigor; it was only about achieving confirmation by the most expeditious means.
I am not a fan of impeachment; it is the choice of last resort, quite akin to war.
The whole Kavanaugh debacle is exactly what happens when citizens believe they do not need to vote.
Re: “the United States cannot claim to be a representative republic in any of its three branches.” Respectfully, I will
strongly disagree with you. The government we have is the government that voters chose. When nearly 50% of eligible voters actually cast a ballot in any given election, we cannot blame those voters who take the time to research the candidate and mark their ballot choices. We, the People, elected these representatives by our votes and our apathy. We have allowed a minority in this Grand Republic to use the system to further their objectives. As long as the majority allows that minority domination through gerrymandering, voter suppression, dark money, social media tampering by foreign operators and states, et al., by their complacency and indifference, then we have to find a way to endure the abuses and insults that will inevitably come with that minority domination. Re: “the Senators who approved Kavanaugh’s selection to the Supreme Court represent less than half of all Americans.” Yes, substantially less, more like 25% of American citizens; but, we allow that minority to dominate state legislatures and Congress. We have only ourselves to blame. If there is a message in all this, we must take on evangelical fervor to stimulate our fellow citizens to vote. We have the democracy we voted for.
[Go to Part 2.]
Part 2:
Now, before we jump back into the Electoral College debate, again, that is our system. It has been the same system for 230 years. Republicans use the system; Democrats do not. This is the result.
Further now, the Supreme Court is far more likely to take on a moral projectionist bent than it has in generations, and in that I truly fear for a citizen’s fundamental right to privacy.
Re: “The Democratic Party, as an entity, must bear some of the responsibility for this mess.” Oh hell yes! They have chosen not to use the system to achieve their objectives. Yes, the Democrats must bear considerable responsibility for the situation we are in. You are quite correct. In Arizona, we see graphic evidence on our television screen every bloody night in the Sinema-McSally senate race to replace Jeff Flake, and the Garcia-Ducey gubernatorial race. The Republican advertisements have been universally negative chants of false fear mongering. At least Sinema has so far tried to take the high road and not stooped to BIC-like rants as McSally and her supporters have used. The Republicans do not seem to see any benefit in positive campaigning; they only use attack, attack, attack, damn the torpedoes.
Staying home is NOT an option, IMHO. That is exactly what Republicans seek by a myriad of techniques. Our task as voters is to choose the best candidates on the ballot. Abstention gives the minority exactly what they seek, since their believers do vote. No, abstention is NOT an option. I do agree with you on a better than average choices for this election, at least in Arizona, but I must say, I am disappointed in Garcia.
From my perspective, I think you are missing the essence of the BIC. He is the consummate snake-oil salesman. By definition, he has no interest in the truth, in reality, in history, in precedent, or even in the law. He is ONLY interested in and thus totally focused upon selling his worthless snake-oil to his believers who eagerly consume his shtick.
I’m not sure I appreciate your reasoning regarding employment and wages. Usually when unemployment is low, people migrate to jobs with higher compensation. Low unemployment and rising wages, which is what the recent data indicates, suggest we are approaching full employment, which to me means we need more workers.
“That’s just my opinion, but I could be wrong.”
Cheers,
Cap
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