Revolted Colonies

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Tag: Kavanaugh

The Kegger Plays His Trump Card

Yesterday’s meeting of the Senate Judiciary Committee predictably satisfied the expectations of political junkies, #metoo activists and garden-variety voyeurs. The crowd also experienced the rare surprise of the cool and collected Brett Kavanaugh putting on his angry Trump face for the galleries and the folks at home. Trump’s Justice in utero wasn’t going to go out without a Trumpian rant.

Kegger spent several days in White House captivity, mastering the Trump playbook. He roared about the Democrats’ chicanery, lamented that his days of teaching and coaching girls’ sports may be over, and raged that the coveted prize, a lifetime appointment to the Supreme Court was being pulled out of his hands. He didn’t use the words “rigged” or “witch hunt,” and he wept and cursed his fate. Otherwise, it was unvarnished Trump-speak. Trump’s hand was up the Kegger’s back, moving his lips and waving his arms.

The Republican senators had hired Rachel Mitchell, an able and experienced sex crimes prosecutor from Arizona, to question accuser Dr. Christine Blasey Ford in their stead. Mitchell took each majority members’ five-minute segment in the Ford questioning, and she was scheduled to do the same with the Kegger. However, chairman Grassley and his bloc, fortified by the nominee’s new-found belligerence, decided to take back the microphone.

First up, Lindsey Graham (R-NC) lay the groundwork for the rest of the afternoon. Turning away from the judge, he fixed his pole axe on his Democratic colleagues.

“This is the most unethical sham since I’ve been in politics and if you really wanted to know the truth, you sure as hell wouldn’t have done what you’ve done to this guy!”

His target was his friend, Dianne Feinstein (D-CA), who bore the brunt of accusations that she held back Ford’s accusation until after Kavanaugh’s first hearing finished.
At long last, the combatants dismissed Ford and Kavanaugh, the proxies for the war between the statesmen. The Repubs were in high dudgeon over the Dems’ treatment of Kavanaugh, and the Dems were tacitly taking their revenge for their rivals’ dismissal of Merrick Garland in 2016 – and for a bagful of other indignities and slights.

The public got to see what kind of shit show we’ve enabled in the halls of government. Blame everybody — we’ve demanded winner-take-all politics, and now we have it. The Democrats led by former Senator Harry Reid (D-NV) set this in motion by eliminating the filibuster in connection with judicial appointments below the Supreme Court level This reduced the vote to a simple majority. When Mitch McConnell (R-TN) extended the rule to Supreme Court confirmation, the nuclear option, the stage was set for extreme appointees who did not require bipartisan support.

In 2016 Merrick Garland was put forward by Barack Obama, a centrist judge who previously had garnered the approval of both parties. He did this to dare the Republican house to gamble on the outcome of the presidential election.  McConnell, in complete control of the Senate, refused even to consider his nomination, rolling the dice that, if Clinton had won, he could always activate Garland’s nomination. With Trump in the White House and a Republican majority in the Senate, McConnell has been rolling sevens, judicially speaking. The Democrats, outmaneuvered, lament lifting the filibuster in the first place.

Dick Durbin (D-IL) had predicted in January that ending the filibuster would be the “end of the Senate,” as we know it. Yesterday, he lamented that his prediction had come true.

“It’s interesting, a Republican senator this morning in the gym raised the same question with me. And I said, ‘I think we’re learning our lesson here.’ That eliminating the filibuster on the Supreme Court at least, and maybe the other federal positions, has really created a much more political process. It is better for us to move toward with something that is bipartisan and try to find more moderate people to serve on our federal judiciary.”

Good luck with that. It’s a great aspiration but no one in this Senate presently will lead the institution out of its quagmire. So much needs to be unwound to return to lower-case d democracy in our politics. The Senate and House must reclaim their preeminent places in our government, and the imperial presidency, begun long before Trump, must be contained. These changes require the Supreme Court to recognize congressional primacy, and Brett Kavanaugh won’t let that happen — unless his puppeteer loses the White House.

Who Said Life is Fair?

Three accusers so far, and we’ve only gotten as far as freshman year. Imagine what’s in store for Brett “Kegger” Kavanaugh as an upper-class man at Yale. Boola, boola.

All of his accusers could be mistaken or lying, but the odds are against it. Predict It, the UK bookmaker, had confirmation at 96% last week, now down to 30%.

Kegger’s self-driven PR campaign hasn’t moved the needle. It didn’t help that he was sharing the headlines with Bill Cosby’s sentencing for drugging and raping a woman (and a lot more whose cases were too old to be brought). It’s bad luck too that there’s no statute of limitations in a Senate Confirmation hearing to protect 100-Keg from his own history.

Kegger caught another bad break being before the Senate and not a courtroom. No one has to presume his innocence or give him the benefit of the doubt, even if his sponsors have brought in a prosecutor and want to turn the hearing into a quasi-trial.   He could use a little legal aid about now.

Kegger is by far the sweatiest Supreme Court nominee in my lifetime. He looks like he’s got hives. He’s lost  his composure. When he appeared on Fox News two nights ago, begging for fairness, you could smell the tension. Why so uptight? Come on, man, we’re impartial, just calling balls and strikes. It’s not our fault you’ve got a big strike zone and a few holes in your swing.

There are plenty of second acts in American lives, and Kavanaugh has had his allotted two. He’s parlayed his privilege from high school hedonist to Judge of the DC Circuit Court of Appeals. Not bad, but now Kegger’s looking for a third act, and that curtain’s not going up. He shouldn’t complain. He’s a judge on one of the most respected courts in America. He’s lucky; in fact, he works for Merrick Garland.

Considering Kegger’s questioned past and his proven lies in earlier confirmation hearings, he’s gotten more than his share of fair. There are jurists out there as good or better, who couldn’t get so much as an interview. Merrick Garland comes to mind.

Do you remember telling your parents that something was unfair and their response? Life isn’t always fair. Kavanaugh should wipe away his tears and return to his very special job, which he is very lucky to keep. For now.  A criminal complaint has been filed before the Committee on Judicial Conduct against Kavanaugh, alleging perjury during his 2004 and 2006 confirmation hearings.  The committee chair?  Merrick Garland.

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