Nel's New Day

March 15, 2019

DDT Promises Violence If Investigations Continue

During Michael Cohen’s testimony before the House Oversight Committee, the former fixer for Dictator Donald Trump (DDT) warned of violent consequences if DDT doesn’t get elected president. He said:

“I fear that if he loses the election in 2020 that there will never be a peaceful transition of power.”

DDT may be moving up the timeline. He began promoting violence at an August 2016 rally in North Carolina when he said that “the Second Amendment people” might have a way to stop Hillary Clinton “if she gets to pick her judges.” He continued his call for violence since he was inaugurated with his statement about “tough people” like “law enforcement, military, construction workers, Bikers for Trump,” adding that he hopes they stay peaceful. Since then he has used the same subtle statement, but he was much stronger in calling for violence in an interview with the far-right Breitbart website. Referring to the same “tough people” in talking about investigations into him, DDT added, “They don’t play it tough until they go to a certain point, and then it would be very bad, very bad.” [Photo from a Bikers for Trump event at his Bedminster (NJ) golf resort on August 11, 2018; image by Brendan Smialowski/Getty Images.]

The calls for violence go beyond promising to pay for his audience’s lawyers if they initiate violence against protesters to the point of claiming that he will order violence from armed military and allies to physically defend himself against “Democrats” who investigate him.

As the investigations accelerate, especially after the Democratic control of the House, DDT’s terror about investigations become more manifest, for example this morning’s tweet that “there should be no Mueller report.” DDT may also have made Treasury Secretary Steve Mnuchin afraid of him. In the past, Mnuchin has said that he will comply with the law if members of Congress legally request DDT’s tax returns. During a hearing before the House Ways and Means Committee, Mnuchin added that “we will protect the president” to his earlier claim that he will “follow the law.” The two statements are opposite because the law states he will “furnish” the returns upon request of the committee’s chair.

Current White House Counsel Pat Cipollone has told Rep. Elijah Cummings (D-MD) that two of DDT-associated attorneys, former White House Deputy Counsel Stefan Passantino and his personal attorney Sheri Dillon, won’t be available to the House Oversight Committee. Cummings said that the two attorneys “may have provided false information” about hush money payments to Stormy Daniels.

Cohen has given the House Intelligence Committee documents about DDT’s secret deal-making with Russia over a proposed Trump Tower in Moscow and returned to testify. The documents show edits to the false written statement he submitted to Congress in 2017 made by DDT’s lawyer Jay Sekulow, who encouraged Cohen to lie under oath. Cohen also claims that attorney Abbe Lowell, representing Ivanka Trump and Jared Kushner, had also reviewed his 2017 statements to Congress. Sekulow denied that DDT’s lawyers had either reviewed or changed Cohen’s earlier testimony. Cohen’s earlier testimony already implicated DDT in at least 11 separate felonies:

Russia Conspiracy Case: Links to hacked Democratic emails stolen by Russian spies.

Lying to Mueller: Falsehoods in writing from DDT about his conversation with Roger Stone regarding the hacked emails.

Suborning Perjury: Orders to Cohen that he lie to Congress under oath about trying to build a Trump Tower in Moscow during the 2016 presidential campaign and DDT’s personal lawyers who “reviewed and edited” Cohen’s congressional statement before submission, including the “length of time that the Trump Tower Moscow project stayed and remained alive.”

Campaign Finance Violations: DDT’s directive to organize hush-money payments during the campaign with evidence from a check signed by DDT for reimbursement of payout to Stormy Daniels.

Election Fraud: Hush-money payments to silence women and conceal DDT’s affairs from the voters that thwarted a fair election.

Insurance Fraud: DDT’s false claims to insurance companies that inflated the size of his assets in a ploy to reduce his premiums. [Visual on desktop]

Witness Tampering: DDT’s threatening intimidation of Cohen to “persuade” him from testifying against DDT.

Bank Fraud: DDT’s inflation of personal wealth while trying to borrow money from Deutsche Bank in a failed attempt to buy the Buffalo Bills in 2014. (Cohen said that DDT almost doubled his statement of finances by claiming that putting his name on anything is worth $4 billion.)

Tax Fraud: DDT’s deflation of “assets to reduce his real estate taxes,” for example claiming that he claimed, for tax purposes, that the National Golf Club Jupiter in Florida was worth “no more than $5 million” when he valued it at over $50 million on his financial disclosure forms. (The New York Times’ investigation found DDT “participated in dubious tax schemes during the 1990s, including instances of outright fraud.”

Financial Disclosure: The conspiracy of false accounting entries of the Trump Organization by DDT’s failure to disclose his debt to Cohen for making the hush-money payment to Stormy Daniels, probably to conceal the reimbursement.

Misusing Charitable Funds: DDT’s use of his charity’s money to buy a painting of himself after driving up the bid and then keeping the painting.

And More Undisclosed Crimes: Criminal allegations from prosecutors for the Southern District of New York about additional lines of investigation.

The New York attorney general’s office subpoenaed Deutsche Bank and Investors Bank for financing records connected to four of DDT’s business projects in Washington, DC, Chicago, and outside as well as failure to buy the NFL Buffalo Bills in 2014. Michael Cohen, DDT’s former fixer, has suggested that DDT illegally inflated and deflated his personal wealth for gain. In 2011 and 2012, for example, DDT’s debt load may have seemed smaller on his Statements of Financial Condition because he omitted a Chicago hotel with a high debt. Fraud against financial institutions is fraudulent and one of the convictions for Paul Manafort and part of Cohen’s prison term.

Democrats in the House continued to terrify DDT, recently with the hire of a former Manhattan prosecutor who specialized in Russian organized crime. Daniel Goldman will be working for House Intelligence Committee Chairman Adam Schiff (D-CA) who is coordinating with House Financial Services Committee Chairwoman Maxine Waters (D-CA) to investigate DDT’s relationship with Deutsche Bank which has paid multimillion-dollar penalties for working with Russian money launderers.

Some current House inquiries and requested sources for testimonies:

Campaign finance from illegal donations: Michael Cohen

Russian interference in the 2016 election and collusion with DDT’s campaign: Felix Sater (DDT’s Russian born business partner the mafia ties)

Family separation of migrants on the southern border from DHS’s “zero tolerance” policy: Kirstjen Nielsen (DHS Secretary), Bill Barr (AG), and Alex Azar (HHS)

Obstruction of justice: Donald Trump Jr. and 80 others

Security clearances: White House

Shutdown and its affect on the Coast Guard, Indian Country, damage to public lands, and delayed back pay

DDT’s tax returns: Steve Mnuchin (Treasury Secretary)

Trump Organization, including possible money laundering, mismanagement of charitable funds, and revenue from its DC hotel violating the Constitution

Ethics violations such as activities by former EPA director Scott Pruitt, HHS Tom Price, and Interior Secretary Ryan Zinke as well as current expenditures

Census attempt to add a citizen question: Wilbur Ross, who committed perjury but no Republican called him a liar

Reps. Ted Lieu (D-CA) and Don Beyer Jr. (D-VA) have also referred Jared Kushner to the DOJ for investigation because of his false statements on security clearance applications and in public interviews.

The Senate is also looking into DDT’s security clearances. After discovering that DDT overruled security clearances about 30 times, Sens. Mark Warner (D-VA) and Susan Collins (R-ME) are introducing the Integrity in Security Clearance Determinations Act to stop this abuse. Among the 30 are the clearances DDT gave to daughter Ivanka and son-in-law Jared Kushner after they failed FBI checks but politically retaliated against former CIA John Brennan by removing his clearance because Brennan criticized him.

The House must be doing the right things. Fox network, the same one that squashed the story about the Stormy Daniels affair before the 2016 election, is pushing to get rid of five of these investigations.

As Rafi Schwartz wrote, “It says a lot about the state of the country when the President of the United States can make a laudatory, if oblique, reference to having fascist goon squads commit violence on his behalf, and it’s not the biggest headline of the day.”

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.

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 6, 2018

Kavanaugh: ‘I Can’t Answer That’

Conservatives claim that Brett Kavanaugh is a shoe-in for the next Supreme Court justice, but the first three days of the hearings in the Senate Judiciary Committee may give doubt. Despite the one-two punch of Bob Woodward’s book Fear and the NYT anonymous op-ed piece from a senior administration official about the chaos in the White House, this week’s Kavanaugh hearings have stayed in the media.

Notable were the protests for the three days with 73 arrests on Wednesday. Kavanaugh gave his opening statement Tuesday and waited until questions until the next day. He answered the first question by flip-flopping on his former opinion that the unanimous ruling that President Richard Nixon should turn over tapes and documents requested by the Watergate special prosecutor was wrong. The new Kavanaugh criticized the old Kavanaugh’s criticism of the Supreme Court decision limiting presidential power.

Kavanaugh typically stalled to take time allotted to each senator on the committee or refused to answer questions although he has earlier provided opinions on some as a judge or a private lawyer. Some he “couldn’t” answer:

  • Should a president be able to use his authority to pressure executive or independent agencies to carry out directives for purely political purposes?
  • Can a sitting president be required to respond to a subpoena?
  • Is DDT correct in asserting that he has an “absolute right” to pardon himself?
  • Does he still believe his 1998 comment that “a president can fire at will a prosecutor criminally investigating him”?
  • Can a sitting president be indicted?
  • Would he uphold protections for people with pre-existing conditions?
  • Can the president pardon someone in exchange for a bribe? (Kavanaugh said, “It depends.”)
  • Can the president pardon himself?
  • Does the president have the ability to pardon somebody in exchange for assurances that they won’t testify against him?
  • Would he uphold the statute preventing insurance companies from denying coverage to people with pre-existing conditions?
  • Would he consider recusing himself from cases involving potential liability for Trump?
  • Was Roe v. Wade correctly decided?
  • Will he commit to not vote to overturn Roe v. Wade?
  • On affirmative action, do universities have a compelling interest in admitting a diverse student body?

In an attempt to be “cute,” Kavanaugh claimed that he was citing the “Ginsburg rule,” saying that she also refused to answer questions, including one about Roe v. Wade. He either lied or was mistaken: Ruth Bader Ginsburg was very clear in supporting Roe when she said during the confirmation hearings:

“[Abortion] is something central to a woman’s life, to her dignity. It’s a decision that she must make for herself. And when government controls that decision for her, she’s being treated as less than a fully adult human responsible for her own choices.”

Kavanaugh told Sen. Susan Collins (R-ME) that Roe is “settled law,” but, as a sitting judge, he failed to follow this “settled law” when he tried to keep a young woman imprisoned so that she could not access an abortion after a rape. He lso dissented from “settled law” in a 2011 ruling upholding a ban on semiautomatic weapons, claiming that they couldn’t be banned because they are in “common use.”

A classic example of Kavanaugh’s trying to avoid an answer came from Sen. Kamala Harris (D-CA). She asked him if he had talked about the Robert Mueller investigation with anyone from “the law firm founded by Marc Kasowitz, President Trump’s personal lawyer” and warned Kavanaugh, “Be sure about your answer, sir.” Obviously uncomfortable, Kavanaugh sputtered, “I’m not remembering.” An affirmative answer would have shown close ties to DDT, and a negative one could catch him up if evidence later provides he perjured himself. After a day, Harris asked him again about any meeting. Waffling for several minutes, he finally denied any meeting, perhaps feeling more secure that he was safe from any repercussions.

Kavanaugh failed to answer Harris’ question about Roe v. Wade, repeating his “hypothetical” excuse.” She followed up by asking, “Can you think of any laws that give government the power to make decisions about the male body?” After back-and-forth, Kavanaugh confessed that he didn’t know of any such laws.

In another exchange, Sen. Mazie Hirono (D-HI) addressed Kavanaugh’s position that Native Hawaiians aren’t indigenous people and therefore should not be treated like Native Americans on the North American continent. Kavanaugh had claimed that Hawaiians came from Polynesia; Hirono showed him a map proving that Hawaii had been part of Polynesia before the U.S. took over the islands. Kavanaugh’s views in Rice v. Cayetano case is often used to challenge the validity of programs designed to help Native Hawaiians and could be used against Alaska Natives and possibly endanger the sovereign rights of Native Americans on the lower 48 states. Dictator Donald Trump (DDT) wants to do away with Native American rights on reservations so that he can take the lands, and Kavanaugh has remarked that “we are just one race here. … American.” In his opposition to affirmative action, he has also railed against benefits to Native peoples as a “naked racial-spoils system.”

The questioning of Kavanaugh has made clear the problem he has with perjury and lying under oath. Contents of some previously “confidential” emails during his time with George W. Bush in the White House demonstrated that his answers are not entirely truthful. Bill Burck, longtime friend of Kavanaugh, is in charge of selecting the released documents instead of a nonpartisan archivist. A private lawyer, Burck has recently represented Don McGahn, Reince Priebus, and Steven Bannon in connection with Robert Mueller’s investigation. White House counsel McGahn is responsible for getting Kavanaugh confirmed.

Sen. Dick Durbin (D-IL) echoed Leahy’s concerns about Burck hiding Kavanaugh’s documents:

“By what authority is this man holding back hundreds of thousands of documents from the American people? Who is he? Who is paying him?”

Several Democratic senators have released emails from Kavanaugh’s time in the White House, supposedly for the committee’s eyes only, that shows how much Kavanaugh lied in his first two days of the committee hearing. These documents explain that he believes Roe v. Wade may not be “settled law,” he took an instrumental part in trying to get Charles Pickering confirmed as judge to an appeals court, he saw materials on warrantless surveillance and supported it, he called affirmative action “naked racial set-aside,” and he “didn’t care” what lower courts thought about a rule that corporate and union funds used to attack or support specific candidates must be disclosed to the FEC if the Supreme Court looks at the issue. The new emails also show that Kavanaugh lied under oath in 2006 when he told Leahy that he heard nothing about the NSA illegal warrantless wiretapping until he read about it in the New York Times instead of writing about it to John Yoo in the DOJ on September 17, 2001. Sen. Dick Durbin (D-IL) Sen. Dick Durbin (D-IL) also listed at least three specific examples when Kavanaugh participated in discussions about the Bush administration’s detainee and torture policy although Kavanaugh denied under oath that had been involved in that policy-making.

In advising a judicial nominee meeting with Democratic senators, Kavanaugh wrote:

“She should not talk about her views on specific policy or legal issues. She should say that she has a commitment to follow Supreme Court precedent, that she understands and appreciates the role of a circuit judge, that she will adhere to statutory text, that she has no ideological agenda.”

Republicans are so desperate to get a far-right Supreme Court justice that they don’t care how unethical that person might be. In 2002, Manuel Miranda, senior staffer for Senate Majority Leader Bill Frist, stole strategy emails and memos from Democratic senators, including Patrick Leahy (D-VT) for their opposition to Priscilla Owen, who was being shepherded through confirmation by Kavanaugh. Questioned in 2004 and 2006 for his own judicial nomination, Kavanaugh denied that he knew these documents, shared with GOP senators, had been stolen. Asked about these denials, possibly perjury, Kavanaugh continued to deny any knowledge. Much to the fury of the committee chair Chuck Grassley (R-IA), Leahy (right) argued that he wanted the documents made public, ones that may related to possibly perjury regarding Kavanaugh about warrantless wiretapping and torture. Leahy tweeted:

“Between 2001 and 2003, Republican Senate staffers hacked into and stole 4,670 files on controversial Bush judicial nominees from 6 Democrats, including me. This scandal amounted to a digital Watergate, not unlike Russia’s hacking of the DNC.”

The video of Leahy’s questioning.

Leahy also pointed out Grassley’s lies about the quantity of document release. Nine-nine percent of Elena Kagan’s documents were released 12 days before the hearing, and only four percent of Kavanaugh’s documents were provided to Democrats, ten percent of them less than 15 hours before the hearing began. Much has been said about the quantity of Kavanaugh’s documents that senators received, but Leahy tweeted that Grassley provided tens of thousands of supplicates of inconsequential documents such as “event invitations … duplicated MORE THAN 44,000 TIMES.”

“Brett Kavanaugh is the only [nominee] out there that we know who says a president shouldn’t even be questioned, let alone indicted or prosecuted,” Rachel Maddow said. “… [T]his particular nominee was chosen by a president who is, himself, the subject of serious criminal investigation right now, while Kavanaugh’s confirmation proceedings are underway.”

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