Nel's New Day

September 25, 2018

The GOP Strategy on Sexual Assault

Filed under: Judiciary — trp2011 @ 8:44 PM
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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 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.”

March 16, 2016

President Nominates SCOTUS Justice – Good Luck, GOP!

The ball is now in the GOP Senate’s court: President Obama has nominated Merrick Garland, chief judge of the D.C. Circuit, for Supreme Court justice. After President Clinton nominated Garland for the D.C. Circuit Court in 1995,  seven current GOP senators were among the 32 who voted to confirm him with a 76-23 vote after waiting for 19 months. A Harvard Law School graduate, Garland clerked for two Eisenhower appointees, Justice William Brennan and Judge Henry J. Friendly. At 63, Garland is the oldest nominee for the court since Lewis Powell (1971) who was 64 when appointed. Garland would be the fourth Jewish justice; the other five are Roman Catholic.

In 2003, Garland voted to bar Guantanamo detainees from seeking relief in U.S. Courts, a ruling reversed by the Supreme Court. In 2010, SCOTUSblog’s Tom Goldstein noted that “Judge Garland rarely votes in favor of criminal defendants’ appeals of their convictions.” Goldstein “identified only eight such published rulings,” along with seven where “he voted to reverse the defendant’s sentence in whole or in part, or to permit the defendant to raise an argument relating to sentencing on remand,” in his tenure on the DC Circuit. An extensive blog delineates other Garland decisions when he was being considered for the high court in 2010.

Ultra-conservative Orrin Hatch (R-UT) called Garland an acceptable nominee just last week. In 2010, Hatch called Garland “terrific” and said he could be confirmed “virtually unanimously,” yet Hatch now says that he won’t even meet with Garland although he has “a high opinion of him.”

Despite his background of valuing Senate traditions, Chuck Grassley (R-IA), chair of the Judiciary Committee, is sticking to his guns in denying Garland a meeting. His intransigence is already costing him as Patty Judge, a Democrat, is challenging Grassley in his re-election this year. Although he voted against Garland for the D.C. Circuit in 1997, his only reason was that the court already had too many judges.

Trying to deflate some of the criticism coming from their constituents, Republican senators have established a task force to orchestrate attack ads, petitions and media outreach with the objective of to bolstering their denying consideration of Obama’s nominee.The National Republican Senate Committee calls Garland “a liberal” and “an activist” although lack of proof.

Senators up for re-election are getting nervous about their leadership’s adamant refusal to even consider a nominee. Pat Toomey (R-PA) said that he would consider Garland but only next year if the new president nominates him. Mark Kirk (R-IL) claimed that he will “assess Judge Merrick Garland based on his record and qualifications.” Kelly Ayotte (R-NH) plans to meet with Garland but follows the party line of opposing any confirmation, waiting until the “people speak” in the November election. She may be fighting a Tea Party candidate in her primary on October 13, 2016. Ron Johnson (WI) said earlier than not voting is an action so he plans to vote—presumably against the president’s nominee.

Although she’s not up for re-election, Sen. Susan Collins (R-ME) said that she would meet with Garland because “I view it as my job.” (The two women senators from Maine have been the most reasonable during the past decade.) Sen. Jeff Flake (R-AZ) will do the same. Collins and Hatch voted in favor of Garland’s appointment to the D.C. Circuit along with other GOP senators Dan Coats (IN), Thad Cochran (MS), Jim Inhofe (OK), John McCain (AZ), and Pat Roberts (KS).

As a member of Clinton’s Justice Department, Garland effectively supervised investigations into such bombings as those of the Unabomber, Oklahoma City, Atlanta Olympics bombings. Supreme Court expert Nina Totenberg wrote that Garland has “a reputation for collegiality and meticulous legal reasoning.” He has “more federal judicial experience than any other Supreme Court nominee in history,” a White House official said. “No one is better suited to immediately serve on the Supreme Court.” National Organization for Women President Terry O’Neill praised Garland for “a rigorous intellect, impeccable credentials, and a record of excellence” but said his record on women’s rights was “more or less a blank slate.”

The media will be filled with lies about Garland and his nomination, but here are some facts.

Senate Republicans Routinely Obstruct Noncontroversial, Qualified Nominees: The reform of filibuster rules in 2013 came after GOP senators held up three highly qualified nominees for the D.C. Court of Appeals, appointments that Republicans admitted were highly qualified. These three were on top of 17 others being blocked or who withdrew, causing a logjam throughout the judiciary branch with positions unfilled back for at least six prior years. The travesty received less attention because none of them was for the Supreme Court.

Republicans Are Falsely Referring to Filling Court Vacancies as “Court-packing”: That term is defined as a president’s attempt to increase the number of seats on a court, not fill a vacancy which is basic governance. The threat of court-packing came from FDR’s desire to expand the number of justices to tilt the Supreme Court in his favor. President Obama is following the constitutional mandate to appoint nominees for vacancies.

Republicans Are Worse than Democrats in Obstructing Presidential Nominees: Obstructionist behavior to President Obama’s nominees is unprecedented as half of all filibusters of executive nominees happened during his terms. Earlier, GOP senators blocked the first director of the Consumer Financial Protection Bureau because they didn’t like the law. Eighteen months ago, PolitiFact noted that 68 nominees had been blocked before President Obama’s election and 79 in less than five years of his two terms. Last year, the Senate confirmed only 11 federal judicial nominees. In at least one case, the same GOP senator—Marco Rubio—who recommended a nominee blocked a hearing for her. The seat was vacant for almost two years, and judges had more than 600 cases during 18 months because of Rubio’s refusal to complete his recommendation.

GOP Obstructionism Has Negative Consequences: Contrary to the position that filling vacancies has no urgency, the practice makes the court system less able to address concerns of people in the U.S. and deny them justice.

Republicans who refuse to give Garland even a nod will show themselves even more ideological in selecting a justice, an action that they have highly criticized in the past. Moderate to the point of being conservative, he’s the chief judge of the second most important court in the nation. The Judicial Crisis Network, largely funded by the Koch brothers, has $2 million to spend on ads, but they may not be able to ruin Garland’s career the way that they can for younger nominees. The D.C. Circuit does not normally deal with such social issues as abortion and LGBT rights, but JCN is already salivating over Garland’s vote to rehear a case over D.C.’s tough gun restrictions.

Garland’s nomination may put Republicans into a no-win situation. Sixty-three percent of people in the U.S. believe that the Senate should hold hearings on President Obama’s nominee to replace Scalia as opposed to 32 percent who don’t want this to happen. Never before has the Senate refused to consider any presidential nominee at all simply because it was an election year. Rejecting Garland sight unseen shows that the nomination is not about the person appointed but about the person doing the appointing.

If Garland appears as a centrist jurist suitable for both parties, GOP opposition makes them look even more obstructionist. Yet caving in on their past irrational promises can alienate the core Tea Party members who the establishment has courted for almost a decade. All GOP senators have left is the media as they hope that the nominee isn’t the even-handed, excellent judge that they have claimed he was in the past.

The November election could change the GOP position of refusing Garland if a the new president is a Democrat. In such a case, Republican senators may confirm him during President Obama’s lame-duck session to avoid the possibility of a more liberal justice. Jeff Flake, who sits on the Judiciary Committee, said, “If the election doesn’t go the way Republicans want it, there will be a lot of people open to that I’m sure.”

In nominating Garland, President Obama contacted every senator. He did his job; now it’s time for the senators to do theirs.  The best thing about the nomination? The media may move some of its focus away from Donald Trump.

March 14, 2016

GOP Platform—Not My Problem, No

Conservatives tend to care only for themselves. Asked about the importance of health care for all, they respond, “But then I can’t find a doctor.” According to conservatives, suffering for anyone else is “not my problem (NMP).” Questions showing how conservatives take no responsibility for anyone except for their personal, selfish needs with conservatives’ responses:

Birth Control: Do you know that birth control keeps women from having unwanted pregnancies? “NMP.”

Abortions: Do you understand that more unwanted pregnancies mean more abortions? “I’m pro-life.” What about women who have children they can’t afford? “NMP.”

Food Stamps: Do you realize that forcing women to have children they can’t afford means they need food stamps and Medicaid? “I cut spending on those because I’m fiscally responsible.” But that means children have no medical care and go hungry. “NMP.”

Crime: What about children growing up in poverty who turn to crime? “I live in a gated community so NMP.”

Minimum Wage: What about millions of people forced to live in poverty because of low wages even if they work 60 hours or more each week? “NMP.”

Food Stamps Again: What about people who have to rely on food stamps because of low wages? “I cut spending on those because I’m fiscally responsible–NMP.”

Immigration: Do you know that building a wall along the entire border would such up taxpayer money and not even work? “NMP.”

Families: Don’t you understand that deporting parents away from their children is cruel and inhumane. “NMP.”

Racism: What about the anti-Latino rhetoric increasing racial tensions and violence against innocent people? “NMP.”

“War on Drugs”: Do you understand that the so-called “war on drugs” does no good while it puts millions of people in prison for smoking a plant? “NMP.”

Racism Again: What about the effect of these laws to put Blacks in jail more often and for longer times than Whites? “NMP.”

Gang Violence: And what about the devastation of black communities that contributes to poverty and gang violence? “NMP.”

Health Care: Do you care that repealing Obamacare would talk health care away from over 20 million people? “NMP.”

Pre-existing Conditions: Are you aware that Obamacare stops insurance companies from denying health care to sick people? “NMP.” And kicking people off insurance if they get sick? “NMP.”

Pro-Life: How can you be pro-life and not care about people dying from lack of insurance. “NMP.”

Heroin: Do you realize that the white communities will have the same experiences because millions of Whites are using heroin? “That can’t be true. We need to change the laws (ala Koch brothers)! They aren’t criminals—they victims and deserve our compassion and help! Spare no expense!”

When the conservatives took over both congressional chambers 14 and a half months ago, they bragged that they were going to move the country forward. Instead, they’ve created more gridlock.  The policy of”not my problem” is accompanied by “hell, no!”

House Speaker Paul D. Ryan (R-WI) promised a “Year of Ideas,” with legislation aimed at poverty and health care. The chamber has been in session for 154 of the 431 days since the GOP Congress took over. As in the past few years, legislation previously dominated by name changes for buildings can’t even manage that any more: nine GOP members fought naming a post office after national treasure and poet Maya Angelou, calling her a “communist sympathizer.” The House did manage to delay regulations for brick kilns.

The GOP Senate has 298 House-passed bills awaiting action while it spent four weeks on an energy efficiency bill that isn’t finished. Opioid legislation was passed with no funding, and individuals stalled bills for criminal justice reform and Flint’s water crisis—in this case GOP presidential candidate Ted Cruz.  It also made the policy of NO quite clear by rejecting the constitutional directive to consider any nominee for the Supreme Court. President Obama came out with six possible appointments, three of them women. That number has been cut in half as conservatives trash professional careers.

One of those who disappeared is Jane Kelly, heartily endorsed by Sen. Chuck Grassley (R-IA) for the 8th Circuit Court. Grassley described Kelly, unanimously confirmed for her present position in 2013, as “a forthright woman of high integrity and honest character” with an “exceptionally keen intellect.” That was before an ad funded by the conservative Judicial Crisis Network (JCN) smeared her for defending constitutional rights guaranteeing all people accused of a crime “the assistance of counsel for his defense.” A public defender in 2005, Kelly represented Casey Frederiksen, on child pornographer who was later convicted of killing a five-year-old girl. Although Kelly did not defend Frederiksen for this murder, the ad uses this murder to inflame people.

JCN began a Judicial Confirmation Network during the Bush administration to help confirm George W.’s nominees. The name changed in 2010 to prevent President Obama’s nominees after the confirmation of Sonia Sotomayor to the Supreme Court. It has a seven-figure advertising budget to keep Senate Majority Leader Mitch McConnell (R-KY) and vulnerable senators up for election from allowing a nominee to be considered as well as a six-figure campaign targeting Democrats. JCN has also hired a team of ten researchers from America Rising to locate information keeping any nominees from going to the Senate.

Not satisfied with its continuation of congressional malfunction and trying to wreak the same for the Supreme Court, Congress has decided to ignore the country’s budget—the first time since the system began in 1974. This after bitterly complaining about Democratic inaction several years ago. Both the House and the Senate have decided that they will not have hearings on the president’s budget or allow administration officials to testify about it. This decision came before they even saw any budget. This stupidity follows the 14-month refusal to act on a nominee to head up the Treasury Department’s terrorism section. Sen. Richard Shelby (R-AL), chair of the Banking Committee, explained the reason for the wait: he faced a primary challenge and couldn’t approve any Obama nominee.

The NMP and NO economic stagnation policies for 99 percent of people in the U.S. have led to widespread poverty and misery. It’s the conservative “me me me” philosophy that trashes long term greater good for short term personal profit. Now the establishment Republicans can’t understand why Donald Trump is in the lead. The word “demagogue” is freely tossed around—even applied to President Obama. Users of this term need to consult their dictionaries: it refers to “a political leader who tries to get support by making false claims and promises and using arguments based on emotion rather than reason, a leader who makes use of popular prejudices and false claims and promises in order to gain power.”

GOP consultant Alex Castellanos may have said it best:

“If our self-indulgent Republican party establishment had really wanted to prevent a takeover of the GOP, they should not have gorged on political power while they failed to do anything to prevent the decline of the country. Our leaders could have led. They could have done more than say ‘no’ to Democrats while offering no alternative.”

President Obama followed up this analysis when by connecting the Trump phenomenon to “a notion that everything I do is to be opposed; that cooperation or compromise somehow is a betrayal.” This, he said, made “an environment where somebody like a Donald Trump can thrive.” Tomorrow will show how much Trump is thriving when five states hold their primaries. If he does, the GOP will be—well deservedly—suffering.

trumpprotest-missouri2This is what happens to a non-violent protester at a Trump rally. And it may get much worse. Trump supporters have called for a “militia” supposedly to protect voters against so-called “violent far-left agitators.” “The Lion’s Guard” calls on people to “provide security protection to innocent people who are subject to harassment and assault by Far-left agitators “ and be “willing to forcefully protect people if need be.” Members are already asking for “uniform suggestions.”

While Trump invites violence, he calls for pledges.  As Saturday, he told his audience to repeat after him:

“I do solemnly swear that I, no matter how I feel, no matter what the conditions, if there are hurricanes or whatever, will vote on or before the 12thfor Donald J. Trump for president.”

He then promised that “bad things” would happen to them if they broke their pledge.

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Donald Trump’s campaign is reminiscent of Germany in the 1930s as he asks for violence and demands people to swear that they willl vote for him. All this came from the GOP that decided on a platform of NMP and NO.

 

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