Nel's New Day

January 17, 2019

Shutdown ‘Crushed’ DDT; Barr Follows GOP Line

Filed under: Judiciary — trp2011 @ 8:41 PM
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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.

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.”

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