The Kavanaugh Hearing

Article II, Section 2, Paragraph 2:

... and he [the President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.


BTW my wife ran into an Australian in New York who told her that your immediate ex-PM was in his apartment in New York City. Did you hear that?

 Thanks for the the book suggestion - I’ll get that! 

Malcolm and Lucy don’t surprise me: they enjoy travel, she is a well-known fine arts patron and I’m sure he wants to get far away from the bickering and sniping here. They’d know NYC quite well. 

I’ve been looking for updates in analysis here on yesterday’s events, but don’t have any yet. I’ll have more to read when I come home from work. Meantime, i now have lots of good facts for answers when the program participants start to discuss it (as I know they will). Thanks!


How Brett Kavanaugh made Russian election interference easier and Robert Mueller's job harder - 

https://www.motherjones.com/politics/2018/09/how-brett-kavanaugh-made-russian-election-interference-easier-and-robert-muellers-job-harder/ 

Amy Klobuchar grilled Kavanaugh about this today. She's cool - I'd vote for her. 


cramer said:
How Brett Kavanaugh made Russian election interference easier and Robert Mueller's job harder - 
https://www.motherjones.com/politics/2018/09/how-brett-kavanaugh-made-russian-election-interference-easier-and-robert-muellers-job-harder/ 

Amy Klobuchar grilled Kavanaugh about this today. She's cool - I'd vote for her. 

 She's been mentioned on this board. Of course I'd vote for her if she were the nominee but I don't see the killer instinct. She'd have to play rough to win the Primary. Never mind what it would be like to fight it out with Trump. But she's had a hell of a lot of exposure over the years on MSNBC so she has name recognition in that world.


Kamala Harris asked Kavanaugh the direct question of whether he had ever talked to anyone in Mark Kasowitz's law firm about the Mueller investigation. Kavanaugh refused to answer. CSPAN posted the entire almost 8-minute exchange between Harris and Kavanaugh. 

https://twitter.com/kylegriffin1/status/1037531080402919424


Kavanaugh said in the hearing that Roe v Wade is settled law.

But now an email was unearthed where he suggested that its not.

Brett Kavanaugh challenged the accuracy of deeming Row v Wade as “settled law of the land,”


cramer said:
Kamala Harris asked Kavanaugh the direct question of whether he had ever talked to anyone in Mark Kasowitz's law firm about the Mueller investigation. Kavanaugh refused to answer. CSPAN posted the entire almost 8-minute exchange between Harris and Kavanaugh. 
https://twitter.com/kylegriffin1/status/1037531080402919424

 I think too much is being made of this exchange. He seemed more baffled than anything.


Cory Booker and Dems growing a spine..


Dems have confidential memos that reflect Kavanaugh meeting with and discussing the Muller investigation. If proven, he would need to exclude himself from S.C. deliberations and decisions on the matter. 

Booker has been threatened with expulsion from the Senate if he discloses these documents.

His response: "Bring it on."


This is interesting.  Senator Leahy shows an email that was sent to Kavanaugh when he worked for Bush the Younger, where the subject line is "spying" and the first line is "I have a friend who is a mole for us." Kavanaugh forwards it to others, and calls it "interesting". 

Under oath, he had denied knowing of any "spying" or "mole," and said he would've reported something like that.


This twitter thread is worth reading. Has a whiff of perjury to it.

https://twitter.com/nycsouthpaw/status/1037737876501475329


cramer said:
Kamala Harris asked Kavanaugh the direct question of whether he had ever talked to anyone in Mark Kasowitz's law firm about the Mueller investigation. Kavanaugh refused to answer. CSPAN posted the entire almost 8-minute exchange between Harris and Kavanaugh. 
https://twitter.com/kylegriffin1/status/1037531080402919424

 It was a ridiculous line of inquiry and a total fishing expedition.  He asked her to clarify who she may be referring to as he didn't know everyone who worked there.  He didn't refuse to answer, he chose not to answer lest he misspeak.  He requested clarification, she wouldn't give it. 

It's always exhausting watching these politicians try to outfox supreme court nominees.  Regardless of your politics these nominees, from all points on the ideological spectrum, are intellectual giants.  Hack lawyers tangle with them at their own peril.


I think the deal with that one was, if he had discussed the Muller investigation with anyone from that law firm, he would have to excuse himself from any case in which the President's rights and obligations were the topic.


Harris likely knew the answer to the question, based on documents that had not been disclosed.


WaPo reporting that the "confidential" emails Booker released were previously cleared for public release.

IDK man, I don't think Booker's helping his political future here. Seems to be trying to make a big deal about something that's not a big deal. 


Smedley said:
WaPo reporting that the "confidential" emails Booker released were previously cleared for public release.
IDK man, I don't think Booker's helping his political future here. Seems to be trying to make a big deal about something that's not a big deal. 

They are "committee confidential." That means that they were cleared for the public but the Republicans wanted to keep them hidden.   

Republicans like Cornyn think it's a very big deal. Probably for the reasons that McConnell was hesitant about Kavanaugh in the first place.


It's an interesting gambit by Booker. I'm not sure there's a downside. If he is thrown out of the Senate consider the optics. A black senator of the minority party getting thrown out by the GOP in today's climate would gain immediate folk hero status. It also would be a galvanizing event for a big chunk f the national electorate. 


Formerlyjerseyjack said:
I think the deal with that one was, if he had discussed the Muller investigation with anyone from that law firm, he would have to excuse himself from any case in which the President's rights and obligations were the topic.


Harris likely knew the answer to the question, based on documents that had not been disclosed.

That was my impression.  


I think what Cory did was impressive. It seemed to go over on my side of social media. I admit I'm a big fan and follow him on FB.

And he had the backing of the other Senators on his side of the aisle. I watched it unfold and immediately called a friend. Later I got a call from a very impressed supporter. I think it went over big.

Some of the most ugly trolling goes on in the comments under his newsfeed. But some of the most enthusiastic support as well.

I'd vote for him.




It's just silly grandstanding by Senators posturing for a presidential run.  The Democrats have potentially the easiest path to the White House ever in 2020.  The only way they can lose is to nominate one of these Senators who are tripping over themselves to get furthest to the left.  Nominate someone who the Republicans who held their noses and voted for Trump can get behind and it's a walk-off.  


So you want Democrats to nominate a pro-life fiscal conservative who supports gun rights and promises to roll back entitlement programs.  I see your ploy.


Morganna said:
I think what Cory did was impressive. It seemed to go over on my side of social media. I admit I'm a big fan and follow him on FB.
And he had the backing of the other Senators on his side of the aisle. I watched it unfold and immediately called a friend. Later I got a call from a very impressed supporter. I think it went over big.

Impressive?  Grandstanding of the highest order upon his faux sanctimonious high ground over releasing memos of marginal importance that had already been cleared for release earlier that morning?  Really?  For the sake of anyone hoping to take him seriously, I surely do hope it didn’t go over big.  In fact, Mr. Spartacus ought to be hoping it blows over with nary a whimper from here on out.  He looks like a foolish twit and maybe needs to check his email more often.  


I'm no fan of Booker but the committee has not cleared them for release. Yes he's grandstanding, but putting documents into the public that should have been there all along has value, especially if it demonstrates the nominee has lied.


DannyArcher said:
It's just silly grandstanding by Senators posturing for a presidential run.  The Democrats have potentially the easiest path to the White House ever in 2020.  The only way they can lose is to nominate one of these Senators who are tripping over themselves to get furthest to the left.  Nominate someone who the Republicans who held their noses and voted for Trump can get behind and it's a walk-off.  

 If you vote for Trump over Hillary there will never be a Democrat far enough to he right for your liking.


DannyArcher said:
It's just silly grandstanding by Senators posturing for a presidential run.  The Democrats have potentially the easiest path to the White House ever in 2020.  The only way they can lose is to nominate one of these Senators who are tripping over themselves to get furthest to the left.  Nominate someone who the Republicans who held their noses and voted for Trump can get behind and it's a walk-off.  

 Interesting perspective but I see these hearings as a very desperate and emotional attempt to stop Kavanaugh. And I understand that many see it as political theater but no matter how many times the word precedent is tossed out, many women feel terrified that Roe v Wade will be overturned.

When I watched Ben Sasse, I was struck by his casual goofing on the protestors. He mimicked them in his speech, calling them hysterical and with a high voice said "women are going to die." I'm sure it was a thoughtless statement but there are women who remember women dying.

Trump and Pence want Roe overturned and it is horrifying to many who have heard Kavanaugh's statements to know that he will probably get confirmed.

If some of our Senators are grasping at straws hoping to discredit him or find a way to hold things up till after the midterms, I'll take whatever they do with gratitude.


ctrzaska said:


Morganna said:
I think what Cory did was impressive. It seemed to go over on my side of social media. I admit I'm a big fan and follow him on FB.
And he had the backing of the other Senators on his side of the aisle. I watched it unfold and immediately called a friend. Later I got a call from a very impressed supporter. I think it went over big.
Impressive?  Grandstanding of the highest order upon his faux sanctimonious high ground over releasing memos of marginal importance that had already been cleared for release earlier that morning?  Really?  For the sake of anyone hoping to take him seriously, I surely do hope it didn’t go over big.  In fact, Mr. Spartacus ought to be hoping it blows over with nary a whimper from here on out.  He looks like a foolish twit and maybe needs to check his email more often.  

 It would seem to me that a lone gladiator who came from no where.....who was not born with any kind of spoon in his mouth and yet today....some 2000 years later is remembered.  That man accomplished something.   His name should not be used as an insult.

ctrzaska said:


Morganna said:
I think what Cory did was impressive. It seemed to go over on my side of social media. I admit I'm a big fan and follow him on FB.
And he had the backing of the other Senators on his side of the aisle. I watched it unfold and immediately called a friend. Later I got a call from a very impressed supporter. I think it went over big.
Impressive?  Grandstanding of the highest order upon his faux sanctimonious high ground over releasing memos of marginal importance that had already been cleared for release earlier that morning?  Really?  For the sake of anyone hoping to take him seriously, I surely do hope it didn’t go over big.  In fact, Mr. Spartacus ought to be hoping it blows over with nary a whimper from here on out.  He looks like a foolish twit and maybe needs to check his email more often.  

 


mrincredible said:
So you want Democrats to nominate a pro-life fiscal conservative who supports gun rights and promises to roll back entitlement programs.  I see your ploy.

 Yeah, that was some pretty brilliant political strategerizing right there. 


Trump's Television spokesmodel, Rudy Giuliani, said that Trump will not answer federal investigators' questions, in writing or in person, about whether he tried to block the probe into Russian interference in the 2016 election.

Judge Kavanaugh refused to say that precedent for subpoenas to a President for documents, U.S. v. Nixon, also means that a President can be subpoenaed for testimony.

So that issue is very real now.


DannyArcher said:


cramer said:
Kamala Harris asked Kavanaugh the direct question of whether he had ever talked to anyone in Mark Kasowitz's law firm about the Mueller investigation. Kavanaugh refused to answer. CSPAN posted the entire almost 8-minute exchange between Harris and Kavanaugh. 
https://twitter.com/kylegriffin1/status/1037531080402919424
 It was a ridiculous line of inquiry and a total fishing expedition.  He asked her to clarify who she may be referring to as he didn't know everyone who worked there.  He didn't refuse to answer, he chose not to answer lest he misspeak.  He requested clarification, she wouldn't give it. 

It's always exhausting watching these politicians try to outfox supreme court nominees.  Regardless of your politics these nominees, from all points on the ideological spectrum, are intellectual giants.  Hack lawyers tangle with them at their own peril.


 And today Judge Kavanaugh remembered his good friend, Edward McNally, with whom he worked in the Bush administration, and who is now at -

https://www.kasowitz.com/people/edward-e-mcnally/


Interesting to hear Rachel Maddow discuss some of the emails and related strategy. Apparently more than theater.

I like Mazie Hirono's approach to reaching Lisa Murkowski.

Susan Collins needs to see the light after those Roe v Wade opinions.

I'm feeling a tiny bit hopeful.



I've been really impressed with Sheldon Whitehouse.  He's excellent.  


here's a pithy take on where we (or will soon) stand




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