September 4th, 2018
The Senate confirmation hearings to place Brett Kavanaugh on the Supreme Court began today. It turned into a circus immediately, with Chairthing Chuck Grassley blowing off Democratic complaints that a 42,000 page document dump, performed late the night before, needed to be examined. Grassley is demanding they use these documents now in their deliberations, while not giving them enough time to even check to make sure the boxes are not just full of New York City telephone books from last year.
Grassley justified the 100,000 other documents withheld on ground of executive privilege on the weird grounds that one or more of them were in video form, and the Senate had never had to deal with such evidence in an SC nomination hearing before. And he refused to entertain a motion to adjourn so members of the committee could look at the new evidence and continue to determine what legal advice he had for the Bush administration on such matters as civil rights, worker rights, abortion and freedom of speech.
William Rivers Pitt observed that Grassley is what happens if your toilet doesn’t flush. The toilet in question is the corrupt and authoritarian Republican Party, which believes it is entitled to impose questionable candidates such as Kavanaugh on us, and not have to put up with any dissent. As a result, we have “hearings” that are on about the same level as Soviet show trials in the 1930s.
The Republicans, tiresome and vicious hypocrites, sat on the nomination of Merrick Garland for over a year, and now say that this nomination has to be rushed through before September 15th, eleven days from now. But they are withholding much of the government records needed to assess Kavanaugh’s stances on vital matters that he may be ruling on for the next four decades. The claim of “executive privilege” is insane, given that Kavanaugh was working for the GW Bush administration, and not for Trump.
His stances on the Constitution and rights in general are enough to suggest opposing his place on the Supreme Court. He strongly favors the rights of corporations and churches over people, and the court is already over-represented by fascists.
But even though that represents legitimate reason to oppose his nomination, it doesn’t disqualify him from the court. One of the greatest weaknesses of a free society is that it gives freedom to those who would work tirelessly to destroy that freedom, and creatures like Scalia and Roberts are part of the cost of freedom. Ideally, they are there to make us stronger. In practice, they make us stronger in much the same way that termites repair homes. But you can’t have freedom without tolerance for such types.
But there is another reason why Kavanaugh must be kept off the court: he is morally and intellectually unfit for the office.
In 2009, Kavanaugh authored a legal thesis entitled “Separation of Powers During the Forty-Fourth Presidency and Beyond.” In it, he wrote, “The decisions a President must make are hard and often life-or-death, the pressure is relentless, the problems arise from all directions, the criticism is unremitting and personal, and at the end of the day only one person is responsible.”
This led him to conclude, “I believe it vital that the President be able to focus on his never-ending tasks with as few distractions as possible. The country wants the President to be ‘one of us’ who bears the same responsibilities of citizenship that all share. But I believe that the President should be excused from some of the burdens of ordinary citizenship while serving in office.”
Therefore, he now believes that no sitting president should ever have to respond to a summons or indictment on any civil or criminal matter.
It’s easy to see why he would be extremely attractive to Donald Trump, a man neck deep in a vast criminal and civil morass of his own making. He would love to have an automatic vote to dismiss on the Supreme Court.
But Kavanaugh didn’t always feel that way. He was a member of the Starr Chamber during the politically-charged impeachment process against Bill Clinton, and very avidly pursued the persecution, to the point where Kenneth Starr had to draw him back. Among other questions he wanted Clinton asked in order to add to his humiliation were these gems:
“If Monica Lewinsky says that you inserted a cigar into her vagina while you were in the Oval Office area, would she be lying?”
“If Monica Lewinsky says that on several occasions in the Oval Office area, you used your fingers to stimulate her vagina and bring her to orgasm, would she be lying?”
“If Monica Lewinsky says that you masturbated into a trashcan in your secretary’s office, would she [be] lying?”
“If Monica Lewinsky says that you used a cigar as a sexual aid with her in the Oval Office area, would should be lying?” Kavanaugh liked the cigar a lot, it seems. He asked about it twice in ten questions.
He was one of the lead authors of the Starr report, and responsible for its gruesome and loving obsession with the salacious. Kiddies, if you need to know what ‘analingus’ is, just ask your Uncle Brett.
Kavanaugh’s high moral dungeon stemmed from a belief that he thought a president should be impeachable for “lying to his staff and misleading the public.” Neither are criminal acts, by the way. If they were, Trump would already be in jail.
He now claims that his actions above were a mistake, and his cohorts have even offered the explanation that he was sleep-deprived when he wrote the memo.
I can see it now: “Sorry about that SC ruling making Trump Dictator for Life. Brett needs his nappie.”
But Kavanaugh now believes, ““Looking back to the late 1990s, for example, the nation certainly would have been better off if President Clinton could have focused on Osama bin Laden without being distracted by the Paula Jones sexual harassment case and its criminal investigation offshoots.”
OK, it takes a mensch to admit that he’s wrong, but something about this suggests that it wasn’t so much a change of heart as it was a total abandonment of principle, if principle was ever a part of his stance on Presidential liability to begin with. He wanted Clinton to be shamed, attacked and driven from office because Clinton was “lying to his staff and misleading the public.”
OK, that just about describes the Trump presidency in a nutshell. The man is an absolute and inveterate liar. He lies to his staff. He lies to his lawyers. He lies to us. He lies to everyone. With Clinton, it was some personality flaws. With Trump, it is the entirety of his existence.
I can see Kavanaugh changing his stance on immunity, even though I believe the Founders never intended for a President to be above the law, and a nation that holds a president in such regard has no future as a country.
How can any man with integrity or decency migrate from wanting to destroy a man for fibbing about a consensual affair to utterly forgiving a man in advance whose sociopathic and demented antics threaten to destroy the country?
Answer: He cannot.
Kavanaugh is not fit to sit on the court.