Nel's New Day

June 5, 2019

Court Decisions a Crap Shoot

Although the courts have ruled against Dictator Donald Trump (DDT) 93 percent of the time for his orders, DDT’s percentage may improve if his appointed judges start hearing more of his cases. For example, a judge has ruled against a lawsuit from the House about DDT using funds to build his wall, ruling that courts are not the place to settle this dispute. The House had argued that the spending violated the Appropriations Clause of the Constitution and usurp congressional authority while the DOJ opposed the House with the argument that the case concerned whether the administration failed to appropriately execute a statute. Appointed by DDT, U.S. District Trevor N. McFadden wrote that courts take no part in political fights between other branches.

McFadden’s decision was opposite to the 2016 ruling that the GOP-led House could sue the Obama administration for allegedly spending on an Affordable Care Act program that Congress had not approved. Rosemarie Collyer, a George W Bush appointee, wrote, “Congress is the only source for such an appropriation, and no public money can be spent without one.” Republicans had praised the outcome as a necessary check on the White House’s authority in “protecting Congress’ power of the purse [for] the separation of powers.” That case was settled before an appeal was concluded. During a hearing last month, McFadden had already said that he doubted whether the House had legal standing as a single chamber to sue the president, despite DDT illegally shifting money from other programs to pay for his wall.

Previously McFadden refused to recuse himself from a legal case regarding BuzzFeed’s publication of the Steele dossier from Fusion GPS despite McFadden’s representation a firm owned by a Russian businessman claiming he was libeled by the dossier. McFadden was also top lawyer at the DOJ Criminal Division when Sen. Chuck Grassley (R-IA) asked for an investigation into Fusion and earlier served as a “vetter” on DDT’s transition team where he consistently heard negative arguments about the dossier’s accuracy. One of three DDT-appointed judges on Washington, D.C.’s district court, McFadden donated to DDT’s campaign.

Domestic terrorists won in court by using the U.S. Constitution’s free speech amendment. U.S. District Judge Cormac Carney, appointed by George W. Bush, threw out criminal charges against three members of a neo-Nazi organization Rise above Movement (RAM) who conspired through social media to assault their ideological opponents. The three men “publicly documented their assaults in order to recruit” other white men to join RAM. The U.S. has no laws against domestic terrorism as it does against international terrorist groups. Only gun and drug charges were brought against a domestic terrorist planning to “murder innocent civilians on a scale rarely seen in this country,” and the first judge hearing the case gave the man bail. Convictions for heinous acts bring light sentences, sometimes only for time served. The judge ruled that the federal statute used to prosecute the three men was unconstitutional.

A federal judge conceded to the DOJ in not requiring the release transcripts of conversations between Michael Flynn and Sergey Kislyak, when he was Russian ambassador to the U.S. A federal judge had ordered the transcripts made public, but the DOJ refused. Flynn pled guilty to lying to the FBI about his conversations while Barack Obama was president. Barr had redacted all this information in the Mueller report.

DDT did lose his request for the Supreme Court to fast track a request a case about DDT’s rescission of the Deferred Action for Childhood Arrivals (DACA) program, postponing any response from the high court until next fall. Two different appeals courts have ruled against DDT’s ending the DACA program. Earlier justices refused DDT’s challenge to a ruling temporarily blocking officials from closing down the program. The House is considering a vote as soon as this week on the Dream Act which would include legal status to hundreds of thousands of past DACA recipients.

With seven Republicans, all the House Democrats passed a new bill, 237-187, that expands the decade-old Dream Act. The “Dream and Promise Act” would protect young migrants illegally brought to the U.S. as children from deportation and give them a path to citizenship. Other migrants here temporarily from countries devastated by natural disasters and/or wars would also be shielded. Nine years ago, 36 conservative Dems voted the Dream Act with eight Republicans supporting it. Senate Leader Mitch McConnell (R-KY) will almost surely not bring the bill to the floor so that Republicans can join DDT in complaining that Democrats are not passing any bills and instead focusing on investigations. Less than halfway through their first year, the House has passed half of its top priorities: democracy-reform, Equality At, Dream and Promise Act, Paycheck Fairness Act, and a bill addressing the climate crisis. Other passed bills lower prescription drug costs and expand the Violence against Women Act along with other healthcare bills. McConnell has ignored all of them and allowed only the passage of a disaster relief bill which House Republicans blocked for weeks. At least 153 bills passed in the House languish in the Senate. The other 15 bills are minor name changes, extensions, or expansions with one of them being payment to employees furloughed by their shutdown. DDT vetoed two bills.  

A judge kept Missouri from being the only state without a clinic performing abortions for the past 46 years—at least temporarily. Yesterday the court ruled that doctors who no longer work at the clinic are not required to comply with subpoenas about safety questions at the clinic. It already complies with gratuitous requirements such as transfer agreements with hospitals, inspections, and two pelvic exams for every woman wanting a surgical abortion. The court will continue to review state allegations about “failed abortions” and legal violations.

DDT is facing more problems about his Panama tower as Ithaca Capital Partners claims that he failed to pay Panamanian taxes equivalent failed to 12.5 percent of the management fees he took from the hotel. That failure plus other financial irregularities amount to “millions of dollars.” DDT’s projects in Canada, Mexico, India, Azerbaijan, Uruguay, and elsewhere are elsewhere in trouble. Although DDT claimed others developed real estate projects, information shows serious family involvement in projects, often with deceptive practices. With the failure of projects, DDT and his family lie about their lack of involvement and walk away with the money that they have already collected.

In a surprising move, Brett Kavanaugh voted with the four progressive Supreme Court justices to expand plaintiff’s fights to class-action lawsuits against big corporations. Consumers may move forward with a suit against Apple, accusing the company of acting as a monopoly. At this time, iPhone and iPad users may download apps, even those developed by third parties, only from the Apple portal while the corporation takes a cut of sales. The ruling concerns other tech giants such as Facebook and Google.

In another case, Kavanaugh went with conservatives in a decision that overturns a 40-year-old ruling and puts four decades of legal decisions into question. About a decision that “states retain their sovereign immunity from private suits brought in courts of other states,” Justice Stephen Breyer wrote:

“To overrule a sound decision like [Nevada v. Hall] is to encourage litigants to seek to overrule other cases; it is to make it more difficult for lawyers to refrain from challenging settled law; and it is to cause the public to become increasingly uncertain about which cases the Court will overrule and which cases are here to stay.” 

Clarence Thomas prides himself on being a constitutionalist who follows the words of the document, but his opinion in this case refers only to the “history and structure” of the U.S. Constitution and fail to not support interstate sovereign immunity. Instead Thomas claims that the Constitution bestows “equal dignity and sovereignty” to states. To Thomas, that means that states are immune from private lawsuits brought in other states’ courts. Brett Kavanaugh declared the importance of precedent in his confirmation hearings, and John Roberts had claimed during his hearings that he would not be overturning settled law through the Supreme Court.

Earlier this spring,  Justice Neil Gorsuch maintained that using the death penalty to torture a person to death doesn’t violate the constitution’s Eighth Amendment opposition to “cruel and unusual punishment” as long as people don’t want to inflict pain. His majority opinion for Bucklew v. Precythe allowing the killing of Russell Bucklew in Missouri also asks death penalty defense attorneys to determine methods of killing their clients. Kavanaugh wrote a separate opinion suggesting that firing squads be used for execution because Bucklew could choke from vascular tumors with lethal doses of pentobarbital. Conservatives have already approved drugs for execution that gave inmates “the feeling of being burned alive.” Gorsuch’s opinion of the 5-4 majority in Bucklew destroys over a half-century of precedents and returns to “cruel and unusual punishment.”

With DDT in charge of forming the judicial system for generations to come, court decisions are a crap shoot.

May 1, 2019

U.S. AG Barr Defends Cover-up of DDT

Special investigator Robert Mueller joins people disturbed about AG Bill Barr’s misrepresentation of Mueller’s final report. A timeline of the report from its release to Barr’s testimony today before the Senate Judiciary Committee about his protection of Dictator Donald Trump (DDT).

March 22: Robert Mueller delivered his 448-page report to the DOJ.

March 24: Bill Barr released his personal four-page interpretation of Mueller’s report that attempted to exonerate DDT of all blame by announcing that Mueller found no collusion between the DDT campaign and Russia and that Mueller had absolved DDT of obstruction of justice.

March 25: Mueller sent first letter to Barr, expressing “concern” about Barr’s misrepresentation of his findings with an introduction and executive summary to Barr that day.

March 27: Mueller sent a second letter to Barr and the DOJ leadership about Barr’s summary:

“The summary letter the Department sent to Congress and released to the public late in the afternoon of March 24 did not fully capture the context, nature, and substance of this office’s work and conclusions. There is now public confusion about critical aspects of the results of our investigation. This threatens to undermine a central purpose for which the Department appointed the Special Counsel: to assure full public confidence in the outcome of the investigations.”

Muller requested the release of the report’s introduction and executive summaries. DOJ officials said that they believed Mueller agreed with them about the process of releasing the report until they saw the letter. The complete letter is here.

March 28: Mueller told Barr on the phone that Barr’s summary was misleading about the report and said that Barr did not reveal how DDT’s campaign interacted inappropriately with Russians. Examples: Campaign manager Paul Manafort and his deputy Rick Gates regularly provided polling to a Russian national believed by Gates to be a “spy”; Mueller outlined 10 “episodes” in which DDT may have obstructed justice. In addition, Barr didn’t mention that DDT’s mostly unsuccessful “to incluence the investigation” were “largely because the persons who surrounded the President declined to carry out orders or accede to his requests.”

March 29: Barr wrote Congress claiming that his March 24 communication was intended as Mueller’s principal conclusions, not a summary. He volunteered to testify before the Senate and House Judiciary Committees on May 1 and 2.

April 10: Barr testified before the Senate Judiciary Committee under oath. Asked if Mueller supported “your conclusion,” Barr answered:

I don’t know whether Bob Mueller supported my conclusion.”

The questioner, Sen. Chris Van Hollen (D-MD), called Barr “the chief propagandist” for DDT and that Barr lied to the people after learning about Mueller’s prior communication with Barr.

April 18: Barr gave a press release before he made public a heavily redacted Mueller report and repeated “no collusion” as his boss DDT has. Asked if it was improper for him to spin the unreleased report, Barr walked off the stage.

April 30: The Washington Post released information about Mueller’s criticism to Barr about the Barr’s misrepresentation and publicity prior to Barr’s congressional testimony.  Both Senate Minority Leader Charles Schumer (D-NY) and House Judiciary Committee chair Jerrold Nadler (D-NY) demanded Mueller’s letter to Barr. Nadler also asked that Mueller testify before his committee, but the DOJ, where Mueller is employed, can’t find a time when Mueller would be available. Barr threatened to not appear at the House Judiciary Committee hearing on May 2 because he might be questioned by staff counsel instead of House members. Members of Congress called for Barr’s resignation.

May 1: Barr testifies before the Senate Judiciary Committee:

  • Barr testified he had not reviewed the underlying evidence in Mueller’s report although he wrote in his first summary that the evidence failed to establish that DDT committed obstruction of justice.
  • Barr said he doesn’t know anything about the internal polling data that Manafort and Gates regularly sent to Russian national Kilimnik to share with others in Ukraine and with Russian oligarch Oleg Deripaska. The Mueller report described over 200 connections between DDT’s campaign and a foreign adversary.
  • Barr sat in silence for six seconds when asked if campaigns should contact the FBI if foreign governments offer them damaging information on their political opponents. When prompted, he specified a narrow yes, “if a foreign intelligence service.” Barr did suggest it would be possible for an employee of a foreign adversary to work for a U.S. campaign if that person were not paid.
  • Asked about lies from DDT and other people in Mueller’s report, Barr said that he’s “not in the business of determining when lies are told to the American people.” [Internet response was not positive.]
  • Barr falsely claimed that he “didn’t exonerate” DDT and that he wasn’t hiding Mueller’s information. [Sen. Richard Blumenthal used a color-coded chart for 14 claims connected with DDT’s obstruction of justice, showing that Mueller found substantial evidence regarding this obstruction of “crime, intent, interference with an ongoing investigation, and the obstructive act.”]
  • Barr called Mueller’s letter to him “snitty” and refused to share notes from their telephone call. Also, Barr accused Mueller of not writing the letter to him although Mueller signed the letter.
  • Barr told Sen. Amy Klobuchar (D-MN) that he will “work with you to enhance the security of our election.” Asked if he would help get the Secure Elections Act passed, he said he would “take a look” at it. [Klobuchar had far more questions.]
  • Barr said that DDT “fully cooperated” with the investigation although the Mueller report shows differently.
  • Barr asserted that Mueller didn’t intend his report for Congress although Mueller stated that intent in his report.
  • Barr admitted under oath that a case for obstruction of justice can be pursued without an underlying crime if people concerned about crimes “take an inherently malignant act, such as destroying documents.” The statement was to Sen. Lindsey Graham (R-SC), DDT’s cheerleader, who was sure that his original question would keep DDT from being accused of obstruction. [Asked earlier this week about DDT’s obstruction of justice, Graham said, “I don’t care.”]
  • Barr said that DDT was “falsely accused” of coordinating with Russia.
  • Barr declared that he is in charge of summaries, redactions, and times of releases because a special investigator works.
  • The worst: Barr said that the president had the right to fire any independent special counsel if he disagreed with the investigation.
  • Barr refused to testify at the House Judiciary Committee hearing tomorrow. Members may subpoena him, landing the situation in court If Barr continues his refusal. Barr could be sued for civil contempt, leaving the decision to a judge. This solution was used in 2007 when George W. Bush’s counsel Harriet Miers refused to testify about her removal of several U.S. attorneys; a court ruled that Miers had to comply with the subpoena, and the case was appealed. The case was dropped when the 110th Congress was over. An unlikely option not used for 100 years is to hold Barr in contempt, meaning the House’s security force could arrest and detain him. In 1973, Sen. Sam Ervin (D-NC) threatened to jail people who failed to appear for the Watergate hearings after then President Nixon tried to prevent key aides from testifying.  Permitting Barr his own way sets a precedent for the DOJ’s total control of Congress—a separate branch of government.

When “Poppy” Bush, George W.’s father, named Barr attorney general in the early 1990s, NYT writer William Safire, a staunch Republican, used the nickname “Coverup-General” because of Barr’s concealing evidence about George H.W. Bush’s involvement in “Iraqgate” and “Iran-Contra.” Christmas 1992 headlines told of Barr’s Christmas gift to Bush and Ronald Reagan—hiding their crimes in the Iran-Contra scandal. Independent Counsel Lawrence Walsh, named six years earlier to investigate Reagan’s Iran-Contra activities, found the documents of Caspar Weinberger, Reagan’s former defense secretary, who had been in on the deal, and Bush’s diary that would corroborate Walsh’s findings. Elliott Abrams was already convicted of withholding evidence from Congress and might have more information. Abrams was silent, hoping for a pardon.

In April 2001—almost ten years later—Barr said in an interview for oral presidential histories:

“There were some people arguing just for [a pardon for] Weinberger, and I said, ‘No, in for a penny, in for a pound.’ I went over and told the President I thought he should not only pardon Caspar Weinberger, but while he was at it, he should pardon about five others.”

Bush followed Barr’s advice, destroying years of investigation. Walsh had already gotten one conviction and three guilty pleas with two other people lined up for prosecution. Bush was in Walsh’s sights. The pardons closed down the investigation and protected himself as well as the others involved in the crimes. After the pardons, Walsh stated that the diary and notes for Weinberger’s public trial were “evidence of a conspiracy among the highest ranking Reagan Administration officials to lie to Congress and the American public.” Officials includes Reagan, Bush, and Barr. Coverup-General Barr is the go-to guy, and Republican senators confirmed him. Only Sen. Rand Paul (R-KY) voted against his party, but Barr got three Democratic senators: Doug Jones (AL), Joe Manchin (WV), and Kyrsten Sinema (AZ).

Even Fox contributor Andrew Napolitano, who DDT once considered for a personal lawyer, claims that Mueller’s report shows DDT’s pattern of obstruction that was “unlawful, defenseless and condemnable.” He made his opinion well-known through both an op-ed and a video.

A must-read about Barr is a NYT op-ed from former FBI director James Comey who tells Barr that “[DDT] has eaten your soul.”

And a must-watch about Barr comes from Rachel Maddow’s interview with Hillary Clinton immediately before Minute 17. Clinton’s best one-liner about DDT’s inviting foreign countries to support her 2016 election:

“China, if you’re listening, why don’t you get Trump’s tax returns? I’m sure the media would richly reward you.”

According to Barr, this approach would not be illegal because it’s done out in the open.

[Note: Those who wish to read more about the news above and/or factcheck the material may wish to use the links.]

 

January 17, 2019

Shutdown ‘Crushed’ DDT; Barr Follows GOP Line

Filed under: Judiciary — trp2011 @ 8:41 PM
Tags: , , ,

Day 17 of the government shutdown: “We are getting crushed,” Dictator Donald Trump (DDT) told his acting chief of staff, Mick Mulvaney. He wasn’t talking about the shutdown; he was complaining about the polls. A majority of people in the United States continues to blame DDT for the shutdown. In December, DDT said he would take credit for the shutdown, and now people agree. Nate Silver, usually the cheeriest of analysts about DDT’s polls, presents polls demonstrating how the shutdown is dragging down DDT’s approval.

DDT loves polls that favor him so much that he had former fixer Michael Cohen arrange to “rig online polls in his boss’s favor” before the 2016 elections. John Gauger, CIO of Jerry Falwell’s Liberty University and owner of Redfinch Solutions, failed to get DDT into the top 100 business leaders in a CNBC online poll in 2014 but moved DDT into the top five potential GOP candidates in 2015 on the Drudge Report. Gauger claims that he wasn’t paid the promised $50,000 although Cohen gave him a Walmart bag with $12,000 to $13,000 in cash plus a boxing glove Cohen claimed had been worn by a Brazilian mixed-martial arts fighter. Cohen claims that his poll rigging was done “at the direction of and for the sole benefit of” DDT. When DDT claims that polls are rigged, he has proof.

In a 222-195 vote, House Republicans failed to pass a bill proposed a bill to pay furloughed workers—for doing nothing—but keep the government shutdown. Yesterday, the House passed its sixth bill for a continuing resolution to reopen the government. Congress did pass a bill into law to pay federal employees, both those working without pay and those furloughed, after the shutdown, but Senate Majority Leader Mitch McConnell (R-KY) refuses to address opening the government by claiming that to the Senate floor because he won’t present any bills that cannot pass. Today, however, McConnell presented an anti-abortion bill that has zero chance of passing Congress at this time. The measure makes the Hyde Amendment permanent, prohibits abortion in federal health facilities including veterans’ hospitals, and bans subsidized health plans from providing abortion coverage.

Pandering to parts of his base, DDT brought back furloughed workers—with no pay—to process IRS refunds, inspect foods, and expedite farm loans. He is also staffing refuges for hunters, paying more State Department employees, and helping a friend by providing paid workers to process forms for mortgages. Acting AG Matt Whitaker also gave a political speech to the Heritage Foundation in conflict with shutdown guidelines.

House Speaker Nancy Pelosi (D-CA) asked DDT to postpone his State of the Union address scheduled for January 29, citing security concerns for protecting the Congress, members of the executive branch, and U.S. Supreme Court justices gathered in one place. DDT cannot deliver his speech to the large audience without Pelosi’s invitation. She suggested that he give the speech in the Oval Office or submit it to Congress in writing. DDT needs Pelosi’s invitation to come to the House. cannot deliver his speech to the House without Pelosi’s invitation. DDT is now asking McConnell if he can go to the Senate.

In retaliation, DDT announced that he postponed Pelosi’s seven-day classified trip to Brussels, Egypt, and Afghanistan by denying military transport because of the shutdown lack of security. A small contingent of House members were on the way to the airport when DDT told Pelosi could use commercial flights for the highly secret journey that he called a “public relations event.” Melania Trump left on military transport for a vacation at Mar-a-Lago soon after Pelosi’s business trip was canceled. The trip was for six days, and Pelosi was not planning to go to Egypt. Her stop in Brussels was to reassure top NATO commanders about the U.S. staying with the alliance. In Afghanistan, Pelosi planned to visit with members of the military as DDT and GOP House members did after the shutdown as well as to get national security and intelligence briefings. Pelosi is third in line for the presidency.

Barr confirmation:

While DDT sits and fumes, his nomination for DOJ AG, Bill Barr faced two days of hearings before the Senate Judiciary Committee. These are some of his responses:

Barr said that he would like to pursue an investigation into the conservative conspiracy theory that a Russian energy nuclear agency donated to the Clinton Foundation to get Hillary Clinton’s approval for is purchase of a uranium mining company. The situation has been thoroughly investigated and debunked.

Asked if he has concerns about how DDT undermines society’s institutions, Barr defended DDT’s repeated use of the term “witch hunt” about Robert Mueller’s investigation and said, “We have to remember that the president is the one who has denied that there’s any collusion and has been steadfast in that. Presumably he knows facts [we don’t]. . . .”

DDT has the power to pardon a family member, according to Barr.

Barr sees “no reason” to change policy not to indict a sitting president.

About birthright citizenship, Bar said that he couldn’t give an answer about whether the 14th Amendment guaranteed citizenship. The amendment states “all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” DDT has promised to end birthright citizenship through an executive order.

When asked about what the DOJ should know about senior officials who have business relationships with foreign interests and governments, specifically DDT, Barr talked about how members of Congress didn’t need background checks and concluded that “business [relationships] with a foreign interest is not ordinarily a counter-intelligence concern.”

At the end of detailed and specific questioning about whether he would go against ethics officials’ recusal advice, Barr said he would ignore the advice if he disagreed because of a “different judgment of the facts.” He criticized former AG Jeff Sessions because he “locked himself into” following recusal advice from ethics officials at the Justice Department.

Barr said that Mueller’s report didn’t need to be public, but he would issue his own summary of its findings—through his own filter.

According to Barr, there should be a federal law that “prohibits marijuana everywhere.” He also defended his past push for “more incarceration.”

Asked if the DOJ will jail reporters for “doing their jobs,” Barr said he can “conceive of situations” in which a journalist could be held in contempt if a news organization “knows they are putting out stuff that will hurt the country.”

Barr wants a “barrier system” on the border and connected it to the drugs that actually come through the ports of entry. In declaring that, he used the dehumanizing language of “illegal aliens.” He claimed that so-called “sanctuary cities” encourage criminals to come to the U.S., wants to process asylum seekers without letting them into the country, and supports DDT’s “wall or nothing” shutdown. While AG for George H.W. Bush, Barr’s aggressive “law and order” agenda on both immigration and street crime surprised even Republicans. DDT’s immigration actions are patterned after those of Barr in the early 1990s. Barr has a history of supporting the violation of human rights: discriminatory profiling; secret military trials; unchecked security power; bans on asylum seekers; and separation of parents from children.

DDT’s Muslim ban was about national security, according to Barr; therefore, he supports using non-Christian religious beliefs for discrimination.

Barr was “shocked” by the text messages of former FBI officials Peter Strzok and Lisa Page, private conversation that criticized DDT but did not conspire against him or use their positions against DDT. With no indication that Bruce Ohr orchestrated the Christopher Steele dossier, Barr said he was bothered by Ohr’s “connection,” an echo of DDT’s comments.

Asked about DDT rescinding guidelines protecting transgender students from school discrimination, Barr said he didn’t understand the question. Barr also believes that the law doesn’t ban discrimination against LGBTQ people.

In perhaps his most gobsmacking response, Barr said, “I can’t tell you what the Emoluments Clause means.” Article I, Section 9, Clause 8 of the US Constitution:

“No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of Congress, accept of any present, Emolument, Office, or Title, of Amy kind whatever from any King, Prince, or foreign State.”

It means that DDT can’t legally take money from foreign officials—as he’s been doing because they pay him to stay in his hotel. The governments of DC and Maryland have standing to sue DDT for violating the clause with proof because a manager of DDT’s New York hotel claims that it had a turnaround from the Saudi Arabia’s government business. The shutdown has put court cases on hold. Maybe Barr will learn about the Emoluments Clause by the end of the shutdown.

Bill Barr was the DOJ AG who pardoned all the conspirators of the Iran-Contra Scandal, getting President George H.W. Bush out of legal problems, opposes Mueller’s investigation, and believes that the president is above the law. Barr thinks that the president can use military force without congressional authorization. He opposes Roe v Wade and net neutrality. Senate Republicans will confirm him in a heartbeat.

October 17, 2018

DDT, Kavanaugh – Liars Running the U.S.

Filed under: Judiciary — trp2011 @ 9:06 PM
Tags: , , ,

Dictator Donald Trump (DDT), known for his lies, has concentrated on trying to exonerate Saudi Arabia in its killing of the U.S. reporter Jamal Khashoggi.  First DDT appeared to think that the “problem” would blow over if he just ignored the entire event. Backlash caused him to call the Saudi king about the killing and report that the king doesn’t know anything about it. (DDT has a tendency to support world dictators by appearing to believe their denials, just as he did with Russia’s interference in the U.S. presidential election.)

In the face of escalating anger from the people of the United States and members of Congress, including Republicans, DDT used the same excuse for exonerating his Supreme Court nominee Brett Kavanaugh: Khashoggi may have been murdered, but the Saudi royalty isn’t to blame. Somebody else did it. “These could have been rogue killers,” DDT said. He ignored the group of 15 Saudis, one of them a specialist in autopsies and bringing a bone saw, who arrived in Turkey on a private jet about 3:00 in the morning before the murder. Someone tried to maintain that they were “tourists,” but they left the same day—after Khashoggi disappeared into the embassy—as diplomatic pouches left the Saudi embassy in Turkey. Two planes returned the murder squad to Saudi Arabia. When Turkey gained access to the embassy for an investigation, a cleaning crew had preceded them, and some places in the embassy had been freshly painted.

Saudi’s dictator oversaw 48 beheadings in 2018’s first four months; he would have found a single dismembering to be simple. If Saudi Arabia decides to take DDT’s lead in blaming someone not connected with the government, whoever they finger will be killed. DDT can then claim the murdering as proof of “rogue killers.”

DDT maintains that he has “no financial interests” in Saudi Arabia, but he loves Saudis because they give him money. Even Fox network reported on his fiscal involvement. Saudis launder their money by purchasing his apartments in inflated prices, they may give him permits to build his desired hotel in Jeddah if he behaves, a Saudi royal billionaire, Prince Alwaleed bin-Talal bailed out DDT in the 1990s by buying his yacht and a stake in New York’s Plaza Hotel, and they spend hundreds of thousands of dollars to stay at his hotel in Washington.

In an attempt to smooth over the problem, DDT sent Secretary of State Mike Pompeo to tell the Saudi Crown Prince how much DDT loves the prince. Pompeo said that “we need to make sure we are mindful” of the important US-Saudi ties to conclude what happened to Khaghoggi. Every time that reporters ask DDT about Khashoggi, DDT brags about the giant–and possibly non-existent–arms deal with Saudi Arabia. He cannot make the deal on his own, however; Congress must approve the sale of weapons that Saudi Arabia uses to kill civilians in the Middle East. DDT says he’s awaiting the “investigation,” probably as effective as the one into Brett Kavanaugh, and Jared Kushner, the Saudi prince’s BFF is hiding from the situation.

In another continuing lie, DDT constantly makes a big and offensive deal about Sen. Elizabeth Warren (D-MA) for her comment that she has Native American heritage, going so far as to say that he would donate $1 million to her selection of a charity if she took a DNA test proving her claim. After his usual slur of calling her “Pocahantas,” he said at a rally, “I will give you a million dollars to your favorite charity, paid for by Trump, if you take the test and it shows you’re an Indian [sic],” he announced. She did, but he now says, “I didn’t say that.” Maybe he doesn’t have the money.

DDT tried to convince Lesley Stahl during an interview on 60 Minutes that he “didn’t really make fun” of Kavanaugh’s victim, Christine Blasey Ford. After Stahl pointed out that he did mock her, and he defended himself by saying that without his ridicule “we would not have won.” DDT continued by stating that he is “bringing people together” in the country instead of the polarization under President Obama immediately before he complained how “horribly” Democrat senators behaved during Kavanaugh’s hearings. Questioned about the “unity” of this action, DDT said he bashed Democrats because they “don’t wanna be healed.” He also dodged questions about why he refuses to accept that Russia meddled in the election and why he has never said anything negative about Putin. DDT did acknowledge that Putin might be involved in assassinations, but that wasn’t criticism about him because assassinations in another country don’t trouble DDT.

DDT and the White House lied about Democrats leaking information about the name of the person who accused Kavanaugh of sexual assault. When the media obtained the information, only Sen. Dianne Feinstein (D-CA), the FBI, and the White House had a copy of the letter. DDT’s theory was that Kavanaugh’s “poor treatment” would help Republicans in the midterm election.

Kavanaugh’s penchant for lying parallels that of DDT. The only difference between the lies by these two men is that Kavanaugh incessantly lied under oath. Here’s a sample, much of it from his last angry testimony when he treated Democrats with great rudeness and showed that he lacks the demeanor to be any judge, let alone a life-time term for the U.S. Supreme Court:

  • Kavanaugh’s grandfather was a Yale graduate, negating his claim that he had no family connections with the school and got in by hard work.
  •  Kavanaugh was not of legal age to drink in high school; he lied about when the law for the drinking age was changed to 18. He also wasn’t of legal drinking age during at Yale during his first couple of years.
  • Witnesses did not “refute Ford’s testimony, a common law from both Kavanaugh and other Republicans: his friends said that they didn’t “remember.”
  • Kavanaugh’s claim that he did not drink to excess was refuted by a large number of classmates who saw him belligerent and stumbling drunk.
  • ”Boofed” refers to anal sex, not flatulence.
  • ”Devil’s Triangle” is a sexual act among two men and one woman, not a “drinking game.” (By now it also describes a disaster!)
  • Kavanaugh’s social group associated with Ford, as indicated by multiple members of his class at Georgetown Prep.
  • Kavanaugh lied about his ignorance of a sexual assault claim against him before a NYT story was released; text messages show that he and his team knew it earlier.
  • Kavanaugh said that he didn’t know if he was “Bart,” but he wrote a letter that he signed Bart.
  • Kavanaugh did not rule in favor of environmental controls “many times,” as he claimed: almost 90 percent of his rulings opposed any attempt to control climate change, and DDT praised him for overruling federal regulators “75 times on cases involving clean air, consumer protections, net neutrality and other issues.”
  • Kavanaugh lied about violating secrecy laws governing grand juries during Bill Clinton’s Ken Starr investigation when he claimed that a Chris Ruddy, peddler of conspiracy theories, gave him information “off the record,” something that doesn’t apply to grand jury secrecy, and then lied to the Senate under oath about having committed this crime.
  • In 2004, Kavanaugh lied about his handling of the controversial nomination of federal Judge William Pryor as emails now show.
  • Kavanaugh lied about his involvement to steal Democratic staff emails connected to judicial confirmations.
  • In 2006, Kavanaugh lied about his involvement in the controversial nomination of federal Judge Charles Pickering and his role in nominating William Haynes, the Pentagon general counsel involved in creating the Bush administration’s interrogation policies.

All the above were lies that Kavanaugh told under oath; he frequently perjured himself. He also lied when he assured Sen. Susan Collins (R-ME) that  Roe v. Wade is “settled law”: within the last year he tried to prevent an immigrant girl from getting an abortion by imprisoning her in an ICE facility.

Juries are always directed to follow this instruction:

“If a witness is shown knowingly to have testified falsely about any material matter, you have a right to distrust such witness’ other testimony and you may reject all the testimony of that witness.”

Thus neither DDT nor Kavanaugh can be believed in anything that they say, and they control two of the three branches of government.

October 1, 2018

Lindsey Graham Sets His Sights On Becoming First Lady

[A blog post from two women who have been friends for seven decades.]

A blogger wrote in 2017: “There is a certain wisdom that comes with age and Helen Philpot and Margaret Schmechtman show that they still got it. Helen and Margaret have been friends for more than 60 years and aren’t afraid to tell you their views on anything.” References go back ten years in such sources as Forbes and Atlantic.

[From Helen]: Margaret, did you know that women currently make up more than half the population in the US, but we are represented by a Congress made up of 80 percent men? Oh, and honey, it gets worse. Among other countries we are ranked 104th in the world when it comes to female representation in government. Five places behind Saudi Arabia! Hell, we’re almost 40 spots behind Iraq… Yes. You heard me: BEHIND IRAQ.

How long before men realize that women are their equals? After last week, we can probably make the argument that we are more than equal. Everyone of those GOP Senators expected an overly emotional, erratic and maybe even hysterical witness… and let me tell you Brett Kavanaugh did not disappoint. If I were Brett, I’d be worried that The Donald might now try to grab his pussy. Christine Ford managed to stay calm and respectful for 4 hours.   Brett couldn’t last 2 minutes before he came undone.  And speaking of undone, Lindsey Graham deserves an award for Best Actor in a Supporting Role for his portrayal of Donald Trump’s new girlfriend.  Move over Stormy Daniels. Hurricane Graham has arrived.

To be clear, Brett Kavanaugh is indeed innocent until proven guilty.  And it’s not search and destroy like Kavanaugh and Trump want us to believe.  It’s about making sure the truth comes out. Afterall, if there is nothing to find, then it doesn’t matter how hard you search.   When a woman finds the courage to speak about sexual assault, she deserves to be heard. And hearing her means taking the time to fully investigate in hopes of uncovering the truth.  And if that means men need to be a little scared, so be it. We women have been living scared all our lives. If you are worried for your sons, I have one piece of advice for you. Teach them to respect women.  Problem solved.

But I don’t even know why I am wasting my time writing this.  For the love of God, Republicans just elected a man who was videotaped bragging about assault. Are we really surprised they think a calendar showing exercise workouts during the 80’s is proof enough of innocence? If you are a Republican woman, I hope you are paying attention. It doesn’t matter how accomplished, how intelligent or how credible you are. You will be ignored, dismissed and even smeared if you stand between a Republican man and his path to power… regardless of what evidence you have or don’t have.  If it happens in their teens, it’s boys will be boys, and if it happens as adults, it’s just locker room talk.  Evidently Republicans are just fine electing men who sexually harass and assault women.

Honestly, how do Lisa Murkowski and Susan Collins sleep at night? It’s been almost thirty years since the Anita Hill testimony, and we women continue to be ignored about sexual harassment, assault and rape at the hands of powerful men. There have been 52 total women in the United States Senate since its establishment in 1789.  And one of those women simply served for one day.  Until 2001, the most common way for a woman to become a US Senator was to be appointed following the death or resignation of a husband or father who previously held the seat.  Today there are 21 female Senators – 16 Democrats and 5 Republicans… well 6 depending on which column you place Lindsey Graham. Quite frankly, he lacks the humanity to be in either. Imagine how differently things could be if there were 50.

The late Governor Ann Richards liked to say, “Life isn’t one thing after another.  It’s the same damn thing over and over again.”  Well, I am tired of fighting this fight over and over again.  This November we have more women than ever running for elected office, and I for one plan to vote for them early and often. I mean it. Really.

Notes:

Note from Margaret – I think your humor missed the mark when you called Lindsey a girl.

Note from Helen – I called him Trump’s girlfriend which is very different.

Note from Margaret – Well.

Note from Helen – look up satire in your dictionary.

Note from Margaret – under H you might find hypocrisy.

Note from Helen – exactly my point. I’m sending pie.

Note from Margaret – second to the last paragraph, dear.

Note from Helen – I stand corrected and edited. I’m sending two pies. Howard’s favorite.

September 27, 2018

Brett Kavanaugh: Anita Hill Redux

Twenty-seven years after Clarence Thomas, accused of sexual misconduct, was confirmed for the Supreme Court, the GOP-controlled Senate Judiciary Committee held another anti-woman Supreme Court nominee hearing, this one featuring Brett Kavanaugh and Christine Blasey Ford, who accused Kavanaugh of sexual assault. The day began with Ford’s statement, followed by questions from Democratic judicial committee members and Rachel Mitchell, sex crimes prosecutor for Maricopa County (AZ), the “female”—Senate Majority Leader Mitch McConnell’s (R-KY) words—hired to ask questions from 11 white male senators on the committee. For the first time in history, these GOP senators hired someone to ask their questions for a better photo-op.

Ford began the ten-hour day with her opening statements specifically describing what Kavanaugh had done to her. She explained the attack in clear language despite a quavering voice. Asking questions for the GOP senators, Rachel Mitchell tried to poke holes in her testimony in the five-minute increments allotted her instead of to GOP senators, asking about drinking or drugs at the event (Ford had neither), mistaken identity (Ford said she was “100 percent” sure that it was Kavanaugh), Ford’s appearance, the timing when she first raised her story and who she told, any donors to her efforts such as paying for the polygraph and lawyer fees.

Fox network’s Chris Wallace pronounced the hearings a “disaster” for Republicans after the first half hour, and NYT White House correspondent Maggie Haberman reported that sources close to DDT said “it was a mistake” to have a sex crimes prosecutor ask questions of Ford instead of GOP lawmakers or another outside counsel. Dictator Donald Trump (DDT) raged that Ford “seems credible.”

Committee Chair Chuck Grassley (R-IA) repeatedly defended his committee’s handling of the Kavanaugh confirmation and criticized Sen. Dianne Feinstein (D-CA), the ranking Democrat on the panel, for not telling Republicans immediately of Ford’s letter to her making allegations against the nominee. Feinstein has explained that she promised Ford privacy, that she made the letter public after a media leak and Ford’s permission.

During the recess between her testimony and Kavanaugh’s part of the hearing, Sen. Lindsey Graham (R-SC) raged “that Democrats are never subjected to accusations of sexual misconduct, and warned them that if Kavanaugh fails, Republicans will gin up false accusations against future Democratic nominees to even the score. Wow.”

In his 2015 autobiography Graham wrote about his prosecutions of rape cases in his 2015 autobiography:

“I learned how much unexpected courage from a deep and hidden place it takes for a rape victim or sexually abused child to testify against their assailants.”

By 2018 Graham has reversed any sense of decency as demonstrated in his attacks against Ford and the Democrats. When a woman came up to him during a recess at the hearings and said she had been raped, he said, “I’m so sorry…you needed to go to the cops.”

 (Photo by Win McNamee/Getty Images)

Kavanaugh’s 45-minute rambling, self-aggrandizing opening was directed with fury at Democrats and the “left,” possibly in an effort to please DDT. Instead of neutrality that he had early bragged about, he disparaged the process and expressed anger at the Democrats, claiming that their attacks came from anger at DDT and Hillary Clinton’s electoral loss, calling it “revenge on behalf of the Clintons.”  Conservative Jennifer Rubin wrote that “the angry thing is suggesting that he can get out of control. Not a good connection. His roommate said he got ‘aggressive and belligerent.’ YIKES.”

Kavanaugh almost cried throughout the remainder of his opening, behavior that would have been described as “hysterical” if he were a woman. He refused to answer Sen. Diane Weinstein’s (D-CA) question about why he didn’t ask the FBI to look into the allegations, beginning a repeated answer to questions from other Democrat senators. Kavanaugh continually emphasized how he drank beer and how much he likes beer, excusing his behavior because everyone did it. He couldn’t say how much he drank but said that it was legal because the drinking age was 18. According to Maryland law, the age for legal drinking changed to 21 when Kavanaugh was 17.

To questions about Mark Judge from Sen. Patrick Leahy (D-VT), Kavanaugh hedged before he talked about his wonderful personal characteristics, taking up most of Leahy’s five minutes despite attempts to question him. Leahy pointed out that GOP committee chair Chuck Grassley (R-IA) allowed Kavanaugh to filibuster. Earlier, Sen. John Cornyn (R-TX) had said that Judge was “credible” because he had testified under oath and that he didn’t need to testify before the committee because of that testimony.

Sen. Dick Durbin (D-IL) told Kavanaugh that he could save his family name and immediately ask for an FBI investigation, leading to Grassley’s temper tantrum about process before Kavanaugh declared that the FBI “don’t reach conclusions.” Kavanaugh clearly does not want an FBI investigation.

 (Photo by Win McNamee/Getty Images)

Graham’s screaming fit after Durbin’s questioning, likely to please DDT, removed any possibility of his becoming a statesman. He lied about Democrats getting an FBI investigation by going to the Republicans and continued to attack Democrats, telling Kavanaugh that he would not get a fair process—and much more. His fury gave the rest of the GOP senators to speak for themselves as they delivered speeches about how horrible the accusations were and how wonderful Kavanaugh is and Rachel Mitchell never spoke again.

Continuing to lose any Supreme Court justice presence, Kavanaugh asked Sen. Amy Klobuchar (D-MN) if she had ever blacked out while drinking—twice—after she asked him that question. He never answered her question, but he did half-way apologize when he came back from break. Earlier he has asked Sen. Sheldon Whitehouse (D-RI), “Do you like beer, Senator, or not? What do you like to drink?”

Sen. Orrin Hatch’s (R-UT) voice broke in anger during his speech before he asked a few questions. Kavanaugh’s answers were brief, with none of the filibustering done to avoid questions from Democrats, although his folded arms demonstrated a defensive posture. When Sen. Chris Coons (D-DE) followed with questions about forgetting or becoming combative while drinking, Kavanaugh reverted to becoming defensive. His filibustering when Coons asked about descriptions of Kavanaugh’s drinking by Dr. Elizabeth Swisher and Kavanaugh’s freshman Yale roommate James Roche. Again Kavanaugh refused any investigation.

When Sen. Mazie Hirono (D-HI) asked Kavanaugh about descriptions of him as a “sloppy drunk,” Kavanaugh continued filibustering. Sen. Cory Booker (D-NJ) was better at moving Kavanaugh along when Booker asked about Kavanaugh’s political animus and got him to say that he didn’t think that this problem extended to Ford. Booker also got in the statement that Ford’s friend, who didn’t remember the party, still believes Ford’s accusations.

Sen. Kamala Harris (D-CA) asked Kavanaugh if he had taken a polygraph test; he said no but that they weren’t admissible in federal court. She also pinned him down on whether he would ask the White House for an FBI investigation. In response to his filibustering, she said, “I’ll take that as a ‘no’ and move on.”

Sen. John Kennedy (R-LA) finished by asking Kavanaugh if he believes in God and then asked him if any of the allegations were true. Kavanaugh believes in God and denies any of the accusations. His innuendo smeared Ramirez.

A recurring lie from Grassley was that no Democrat had asked for an FBI investigation. Sen. Sheldon Whitehouse (D-RI) finally corrected him, pointing out that Grassley had refused the request from the Democratic senators, Ford, and others to investigate the allegations. For the first time, the judiciary committee, under GOP control, has refused to have any investigation. Sen. Ted Cruz (R-TX) reiterated blame for Feinstein in not telling the others about Ford’s accusation, and Feinstein explained the confidentiality of the situation. In response, Cornyn accused Feinstein of leaking the information to the press.

Republican Jon Meacham called today’s hearing “the triumph of mindless tribalism over the truth.” Kavanaugh, already a sitting judge on the Washington, D.C. Circuit Court, completely failed to display the temperament of a judge with a lifetime position. Even if he fails to get the Supreme Court plum, he’ll stay on the other court, able to impose his hysterical, raging behavior on anyone who appeals to that court and wielding his power against Democrats and other progressives.

Charlie Baker (MA), Larry Hogan (MD) and John Kasich (OH) have called on the Senate to delay the Kavanaugh nomination and investigate the three allegations, but Grassley plans to vote on confirmation in committee tomorrow.

Sarah Huckabee Sanders lied to Savannah Guthrie on the Today show about accusers refusing to testify before the judicial committee. Every named accuser has offered to testify under oath but, except for Ford, were refused or ignored. Both Deborah Ramirez and Julie Swetnick could not get responses from any GOP committee members.

DDT claims to be delighted about Kavanaugh’s testimony, but the GOP is already losing the support of women.

Women’s support for Kavanaugh is also weakening, down to 27 percent. And that was before today’s hearing.

Yesterday’s lesson to 1,202 public school students at Soddy-Daisy High School from its athletic director/assistant principal Jared Henley in his morning “Helping of Helsley” public announcement about the “no athletics shorts” policy on the day before the Ford/Kavanaugh hearing:

“If you really want someone to blame, blame the girls. Because they pretty much ruin everything. They ruin the dress code, they ruin … well, ask Adam. Look at Eve. That’s really all you really gotta get to, OK. You can really go back to the beginning of time. So, it’ll be like that the rest of your life. Get used to it, keep your mouth shut, suck it up [and] follow the rules.”

Today was a sad day for everyone in the United States—except for those who want a Supreme Court justice who thinks that DDT is above the law. Hensley “lesson” was actually for women–and anyone else who wants justice if the GOP puts Kavanaugh on the Supreme Court: “Get used to it, keep your mouth shut, suck it up [and] follow the [GOP] rules.”

September 25, 2018

The GOP Strategy on Sexual Assault

Filed under: Judiciary — trp2011 @ 8:44 PM
Tags: , , , ,

Dictator Donald Trump (DDT) thinks that his Supreme Court nominee is “fantastic, fantastic.”

Televangelist Pat Robertson’s response to DDT’s “grabbing women by the pussy”: http://goprapeadvisorychart.com/

AG Jeff Sessions’ response:

Former RNC chair and DDT’s press secretary Sean Spicer:

State Rep. Lawrence Lockman (ME) weighs in:

Ohio Gov. John Kasich, 2016 presidential candidate:

Former Texas state Rep. Myra Crownover agrees:

[Florida law:

Another perspective about attacks:

Plan ahead for attacks:

And so many more.

September 24, 2018

‘Some Interpersonal Verbs, Conjugated by Gender’

Filed under: Judiciary — trp2011 @ 9:14 PM
Tags: ,

Thanks to Alexandra Petri for the following:

The example sentences below demonstrate the proper English usage of interpersonal verbs, inflected for mood, tense and gender.

Unit 1

He is drinking; he is drunk; he was drunk.
He is just 17; he was just 17.
Remember that he is just a kid; remember that he was just a kid; you must remember he was just a kid.
He cannot know what he is doing; he could not know what he was doing; he cannot have known what he was doing.
See your way clear to letting this go; you must see your way clear to letting this go.
He has his future ahead of him; he had his future ahead of him.
This will ruin his life; this is going to ruin his life.
He makes a mistake; he made a mistake; people make mistakes; mistakes were made.
He did something; she had something done to her; something happened.
These things happen.

She is drinking; she is drunk; she was drunk.
She is 15; she was 15.
She is putting herself in this position; she put herself in that position.
She should know better; she should have known better.
She must think about his future; she must think about her future.
She must say nothing; she will say nothing; she says nothing; she said nothing.
What happens here will stay here; what happens here stays here; what happens here stays.
She carries this; she will carry this.
An incident occurred; an incident derailed her life; her life was derailed.
These things happen.

She should not say anything; she will ruin his life; it will not be real unless she says something.
She should not have waited so long to speak; she should have said something; it could not have been real if she did not say anything.
These allegations will ruin his life; making these allegations will ruin someone’s life; she will ruin her life making these allegations.

She went on to lead a productive life, so how bad can it have been?
She did not go on to lead a productive life, so how can we trust what she has to say?
If it is true, why would she want to remain anonymous? Now that we know her name, we are coming to her house.

It happens. It happened. It was a long time ago.
She waits. She says nothing.
She should not have waited. She should not have said nothing.
She remembers it happened. She remembers it happened to her. She remembers he did something.
She says something.
How can she remember? Does she remember? Is it possible to remember? I don’t remember — who can remember?
She wore something. Did she wear something? What did she wear?
Did she drink? Was she drinking?
Did he drink? Was he drinking?
She should have been responsible. He cannot have been responsible.

It is very hard to imagine that anything happened. Did it happen? It was a long time ago. She said nothing.
He does not remember.
He remembers that it did not happen. He remembers that he did nothing. He remembers that he was absent.

Unit 2 (Advanced)

If it happened (although it did not happen), it would not have been wrong.
If it happened (it may have happened; he did not do it, but it may have happened), it was only to be expected.
These things happen. (He did not do it.)
These things happen. (Even if he did it, it was only a thing that sometimes happens.)

We cannot know what happened; she does not know what happened; he knows what happened.
Nothing happens; nothing happened; something happened to her; he did nothing; this is how it always happens.
This is how a thing he did became something that happened to her; this is how something he did becomes something that happens.

[Note: And we will declare a vote before testimony because he is a husband, a father, a friend–no matter what he might have done.]

September 18, 2018

‘Deny, Deny, Deny’

Toxic masculinity and our rape culture are front and center this week as Republicans are working to exonerate their new Supreme Court justice nominee from an accusation of attempted rape when he was 17 years old. The conservative response is that he certainly didn’t attack a teenage girl, but if he did, it’s normal behavior for teenage boys. A lawyer close to the White House said, “If somebody can be brought down by accusations like this, then you, me, every man certainly should be worried.”

A letter from Christine Blasey Ford, research psychologist and professor at Palo Alto University and the Stanford University PsyD Consortium, described the way that Kavanaugh shoved her into a room, held her down, tried to take her clothes off, and covered her mouth to keep her from screaming, making her fear for her life. A polygraph test shows she is telling the truth, and she had reported the experience to a therapist six years ago. Kavanaugh has repeated denied even knowing Ford, but he has hired Beth Wilkinson, a high-powered Washington, D.C., trial attorney, to represent him.

Twenty-seven years ago, two current GOP members of the committee—Chuck Grassley (R-IA) and Orrin Hatch (R-UT)—were also committee members who grilled Anita Hill about Supreme Court Justice Clarence Thompson’s sexual misconduct before he was confirmed. The committee handled that confirmation hearing shamefully, ignoring another witness about Thomas’ sexual misconduct and failing to delve into Thomas’ behavior that supported Hill’s testimony about his inappropriate actions. Yet both these men avidly support Kavanaugh in a desperate attempt to get a far-right justice on the Supreme Court at any cost.

The day after the media announced Ford’s accusation, Grassley, the committee chair, released a letter from 65 women supporting the nominee. Three days later, only two of the signers stand by their support: dozens don’t respond to questions, and two declined to speak on the record. https://www.cnn.com/2018/09/17/politics/brett-kavanaugh-white-house-supreme-court-nominee/index.html  After yesterday’s nine-hour strategy meeting with Kavanaugh, the White House claimed that many of these women will publicly defend Kavanaugh. The White House also plans a press conference with these women.

Although DDT described Kavanaugh as without “blemish,” the Senate Judiciary Committee refused to hear federal court employees who wanted to speak out against Kavanaugh during his clerking for former 9th Circuit Court of Appeals Chief Judge Alex Kozinski after he was accused of sexual misconduct by at least 15 women. Asked if he received any sexually inappropriate emails from Kozinski, Kavanaugh, who was very close to Kozinski, said, “I do not remember receiving any sexually inappropriate emails.” Kozinski was Kavanaugh’s connection to former Justice Anthony Kennedy who got Kavanaugh the nomination. Witnesses to Kavanaugh would testify that he was lying.

Hatch says that he believes Kavanaugh’s denials. Yet, Hatch added, if these allegations turn out to be credible, Kavanaugh is a good person “today”; therefore Kavanaugh should be confirmed.

Yet hundreds of former students who graduated between 1967 and 2018 from Holton-Arms, Fords’ high school, called for an investigation into Kavanaugh stating:

“Dr. Blasey Ford’s experience is all too consistent with stories we heard and lived while attending Holton. Many of us are survivors ourselves.”

Kavanaugh’s confirmation vote was scheduled for Thursday, but Sens. Jeff Flake (R-AZ), Roy Blunt (R-MO), Bob Corker (R-TN), and Lisa Murkowski (R-AK) have asked for time to investigate the accusations. Flake is on the Judiciary Commission, and his vote is needed to have the GOP majority for committee confirmation if all Democrats vote against Kavanaugh.

Like Thomas, Kavanaugh perjured himself at least four times during his confirmation hearings according to documents released by Democratic senators—and that information came from only seven percent of his documents released by Kavanaugh’s friend and GOP watchdog Bill Burck. After their release, the documents were still redacted three times, including by Judiciary Committee Chair Chuck Grassley (R-IA). The “confidential” documents released by Democrats over the objection of Grassley have nothing to do with national security and everything to do with making transparent Kavanaugh’s dishonesty:

Kavanaugh’s interview with Judge William Pryor before his confirmation when Kavanaugh said, “I don’t believe so” when asked if he interviewed Pryor. Three years after Pryor’s nomination, Kavanaugh flatly denied under oath that he had an interview with Pryor. Kavanaugh also lied under oath about not “handling” Charles Pickering during his confirmation proceedings. In an op-ed, former Sen. Russ Feingold (D-WI) wrote that Kavanaugh is a “calculated liar who uses dishonesty to advance his own career.”

Kavanaugh’s denial of receiving stolen documents in 2003, documents clearly stolen that Kavanaugh expressed ignorance about the source that was marked “confidential” from a Democrat, has “Spying” as the subject line, and beings with the statement, “I have a friend who is a mole for us on the left.” Kavanaugh said that none of this “raised a red flag.”

Kavanaugh’s false claim about warrantless wiretaps that he first heard about it from the New York Times, when he emailed DOJ lawyer John Yoo over four years earlier than the source that Kavanaugh gave.

Kavanaugh’s writing that Roe v. Wade is not necessarily “settled law of the land” despite his promise to pro-choice senators to the opposite. In confirmation, Kavanaugh changed the term to “precedent,” knowing that all “precedents” can be overturned if he wins his confirmation. In addition to opposing abortion, Kavanaugh is against contraception, as he indicated in this ruling referring to birth control as an “abortion-inducing drug.”

If Kavanaugh is willing to lie about these issues, he cannot be trusted to tell the truth about Ford’s statements.

Kavanaugh should not only be removed from nomination to the Supreme Court for his perjury but also impeached from his current position as judge on the Washington, D.C. Appeals Court. When he lied under oath in 2004, senators did not have access to his emails showing that he had lied; now they are in the public domain. Lisa Graves knows that Kavanaugh lied: she wrote some of the memos that Kavanaugh received from GOP Senate aide Manuel Miranda, the ones that he said he denied received and then said that he didn’t know were stolen. As a member of Ken Starr’s impeachment team, Kavanaugh argued that President Bill Clinton should be impeached for lying under oath. Using Kavanaugh’s own standard, he should be impeached for lying under oath.

The Democratic Coalition plans to file an ethics complaint against Kavanaugh for his answers about whether he received stolen documents. Complaints are typically reviewed by the chief judge of the court, who in this case is Merrick Garland, President Obama’s nominee for the Supreme Court who was completely ignored by Senate Majority Leader Mitch McConnell (R-KY).

The 11 white male GOP senators on the judiciary committee have noticed that their gender may be a problem: they are considering the use of female aides to question Ford during the hearings. Grassley is already dodging the problem of 11 white male GOP senators questioning Ford, especially after the many clips showing the brutal questioning of Anita Hill in Clarence Thomas’ hearings 27 years ago, by declaring himself a victim. Asked on Hugh Hewett’s radio show if these all-white, all-male GOP senators might subject Ford to “insensitivity or indifference,” Grassley accused journalists of being “very insensitive to Chuck Grassley, because I’m the only chairman when it says Chairman Grassley, chairman of the aging, or chairman of the Judiciary Committee, 84 years old…. So there’s already discrimination against me.” The ten Democrats on the judiciary include four women and three people of color.

Where Kavanaugh’s confirmation hearings stand as of the evening of 9/18/18:

Kavanaugh’s former classmate Mark Judge, who has written reams about his drunken lifestyle and Kavanaugh’s drinking as a teenager, wrote a brief letter stating that he won’t testify to the senators about Ford’s claim that he was in the room when Kavanaugh assaulted her. He has “no memory” about what happened.

In a first, DDT carefully kept to his script when he said that there is no need for a rush to complete the confirmation, that he wants to hear both sides. It’s a first. Like his reactions to Roy Moore, Rob Porter, Roger Ailes, Bill O’Reilly, Jim Jordan, and others accused and sometimes found guilty of sexual misconduct, DDT talks about how much these people are suffering and consistently refers to Ford as “the woman.”

Ford said that she has received death threats, been forced to more from her home, and had her computer hacked. After insults from GOP senators, she said that she will wait to testify until after the FBI investigates her claims and Kavanaugh’s behavior.

Sen. Kamala Harris (D-CA) also called for an investigation into an issue regarding a life-time term in the nation’s highest court. The order must come from DDT, and he has not done that. Grassley has gone so far as to lie when he said that the FBI cannot do this investigation. DDT said he won’t ask for an investigation because “the FBI said that they really don’t do that.”

Republicans won’t allow any third-party testimony in a hearing about Ford and Kavanaugh.

As people have often written during the past 18 months, if … were innocent, why doesn’t he want a thorough investigation. Instead, Kavanaugh follows DDT’s advice, reported by Bob Woodward in Fear: “Deny, deny, deny.”

September 17, 2018

Court Rulings Mostly Right Wrongs

Election Day is only 50 days away, and the GOP continues its attempts at voter suppression. In an honest move that may cause them to lose the 2018 North Carolina election, progressive groups Common Cause and the League of Women Voters that won the redrawing of gerrymandered districts said that there was not enough time to complete the task in the next two months. The contortions of district lines caused the state to have 10 of 13 seats in the U.S. House with only 53 percent of the vote.

The majority in a panel of three judges from the 9th Circuit, two appointed by George W. Bush, upheld Arizona laws that prevent anyone except a family member, caretaker, or postal worker from turning ballots into elections officials and blocked out-of-precinct voting. The decision is especially onerous for Native Americans who are many miles from both voting precincts and post offices. As usual, the fake reason for the law is to avoid voter fraud, but the rationale comes from white entitlement and lack of understanding about other cultures and living conditions. The decision will be appealed to the full court but stays in effect for the upcoming election.

A Missouri judge made Republicans happy when he removed a redistricting measure for this fall’s ballot.

Yet not all bodes well for Republicans in court decisions.

Federal prosecutors have postponed their demand that North Carolina state and local elections officials give them well over 20 million ballots, poll books, and voter authorization forms going back almost nine years by September 25. Subpoenas also required photo images of voters, and subpoenas to the state DMV required DMV voter registration documents and those completed in a language other than English from both citizens and people not born in the U.S. Almost 2.3 million absentee ballots could be traced back to individual voters which caused privacy concerns. The subpoenas for these records cited ICE and a grand jury in Wilmington as the source for the demand after U.S. Attorney Bobby Higdon announced charges against 19 non-U.S. citizens for illegal voting. A state audit counted 41 non-U.S. citizens acknowledged voting out of 4.8 million ballots. Higdon hopes to get the documents in January 2019.

A court in North Carolina also ruled in favor of expanding Gov. Roy Cooper’s authority to make certain appointments, ruling that the legislators had overstepped their authority and violated the separation of powers’ requirement. When Cooper was elected, the GOP legislature immediately passed several laws to restrict his abilities compared to that of his GOP predecessor.

For the second time in four years, federal judges struck down the GOP Virginia General Assembly boundaries of 11 electoral districts that pack minorities together so that white candidates in adjacent districts can win elections. Little progress has been made before the October 30 deadline. With the GOP failure to more forward, the governor has asked the GOP speaker of the state house to turn the project over to the courts. The districts will be used for state elections in 2019.

A Virginia judge also removed an independent candidate from the ballot in the 2nd District congressional race because of “forgery” and “out and out fraud” on her petition. Staffers working for the GOP candidate had collected many of the signatures to get her onto the ballot to split the progressive vote and ensure a win for their boss. Of the 377 signatures that five of them put on petitions, at least 146 were false, some of them for people who had died.

Florida Republicans thought they could keep Puerto Ricans who had fled their island after Hurricane Maria from voting if they refused them Spanish-language ballots. A district judge disagreed and ruled that 32 counties across the state had violated the Voting Rights Act. He ordered them to provide bilingual voting materials, including ballots and poll worker support, for Spanish-speaking Puerto Rican voters. According to his ruling:

“Puerto Ricans are American citizens. Unique among Americans, they are not educated primarily in English — and do not need to be. But, like all American citizens, they possess the fundamental right to vote.”

The enactment is on an expedited basis to give Florida officials “ample” time to appeal if “they seek to block their fellow citizens, many of whom fled after Hurricane Maria devastated Puerto Rico, from casting meaningful ballots,” according to the judge. “It is remarkable that it takes a coalition of voting rights organizations and individuals to sue in federal court to seek minimal compliance with the plain language of a venerable 53-year-old law,” he added.

A federal appeals court has ruled that the so-called “charity” Americans for Prosperity (AFP) Foundation, linked to billionaire Charles Koch, must disclose its donors to California officials. The three-judge panel of the 9th Circuit Court reversed a lower court ruling from last year.

A grand jury will be convened to investigate whether Republican gubernatorial candidate and Kansas Secretary of State Kris Kobach intentionally failed to register voters in 2016.

The court woes of Dictator Donald Trump (DDT) continue. He tried to get out of going to court over paying hush-money for a nondisclosure agreement with Stormy Daniels so that he and former attorney Michael Cohen don’t have to give dispositions. By not contesting the suit, DDT thinks that he has escaped, but Daniels still has a defamation suit against DDT.

The fate of DDT’s IRS returns is still in court, this time the Washington, D.C. Circuit. EPIC’s Freedom of Information Act case is arguing that IRS must release his returns to correct misstatements of fact about his financial ties to Russia in his tweets. At least two-thirds of people want DDT to release the returns. The 98-page financial disclosure that DDT is forced to make public shows that his biggest windfalls come from his property that he frequently visits. For example, he made $37 million from Mar-a-Lago, up from $15 million in 2015, and $20 from his nearby golf club.

A federal judge refused to stop the Deferred Action for Childhood Arrivals (DACA) program, ruling that Texas and six other conservative states couldn’t prove irreparable harm from the program. He also stated that he believed the program is unconstitutional, but the time has passed to rescind it.

Cities can’t prosecute people for sleeping on the streets if they have nowhere else to go because it amounts to unconstitutional cruel and unusual punishment, according to a 9th Circuit Court ruling in Boise (ID). Six homeless people sued the city in 2009. The judge also wrote:

“A city cannot, via the threat of prosecution, coerce an individual to attend religion-based treatment programs consistently with the Establishment Clause of the First Amendment.”

A federal judge in Boston ruled that ICE should not remove undocumented people in the process of applying for green cards even if they have final orders of removal. The ruling may not require a penalty from the government or apply outside the New England area. Five couples are suing DHS, ICE, DDT, and law enforcement because spouses were detained by ICE when they went for marriage interviews with U.S.-citizen spouses, a requirement for the application process to prove they have legitimate marriages. Emails show coordination between ICE and Citizenship and Immigration Services to coordinate interviews and arrests. The suit began with a woman who was brought from Guatemala when she was three years old and married U.S. citizen Luis Gordillo. They have two children.

A Canadian court unanimously overturned Ottawa’s approval of a pipeline project because the government failed to consider concerns of some First Nations and did not consider the impact of increased tanker traffic. The pipeline, almost 700 miles long, would take bitumen from Alberta to the western ports to ship to Asia. The ship traffic has already had a devastating affect on southern resident orcas which are almost extinct.

Parents of a Sandy Hook victim may continue its defamation lawsuit against conspiracy theorist Alex Jones after his repeated lies that the 2012 massacre killing 20 children and six adults at a Connecticut elementary school was a “fraud.” Six other Sandy Hook families also filed a defamation lawsuit against Jones in May. Jones’ Infowars is also facing a lawsuit for misidentifying a person as the shooter at the Parkland (FL) school who killed 17 people and another defamation suit from the person who recorded the vehicular murder of Heather Heyer at the Charlottesville (VA) rally last year. Jones’ law firm is also representing the co-founder of the neo-Nazi, white supremacist website The Stormer.

An arbitrator has denied the NFL request to throw out Colin Kaepernick’s grievance that owners conspired to keep him out of the league because of his protests for social injustice. The ruling shows that Kaepernick has sufficient evidence of collusion for a lawsuit. Eric Reid’s grievance for joining the protests is still pending. The NFL had to put on hold its policy that would require players to stand if they are on the sideline during the national anthem because of problems that it classified protests as conduct detrimental to the team.

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