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Just Say ‘No’ to Kavanaugh!

28 Friday Sep 2018

Posted by danielwalldammit in Justice, Politics

≈ 12 Comments

Tags

Brett Kavanaugh, Congress, Democrats, GOP, Merrick Garland, Republicans, SCOTUS, Sexual Assault, Supreme Court

X1rEUuwxIs Brett Kavanaugh guilty of sexual assault?

I don’t know.

I just watched an entire day of Senate Testimony on that very topic and I still don’t know one way or the other.

Should Brett Kavanaugh be on the U.S. Supreme Court?

No.

If ever I had any doubts as to that judgement, today’s testimony was certainly enough to alleviate them. Of course, the man is a real threat to liberal politics, and I knew that before today. With a Republican President (even a complete lunatic of a Republican President), I would expect no less. But being opposed to someone’s politics, and thinking them unqualified for office aren’t exactly the same thing. After watching him today, however, I am convinced this man has neither the character nor the professionalism that one ought to expect of a Supreme Court Justice, regardless of his political persuasion.

Why?

Well, let me tell ya!

First, let me say that there are a couple variants of political hard-ball to which I do not really object, at least not on principle. Frankly, I think the Democrats would be well within their rights to reject any and all nominees the Trump administration puts forward at this point. The Republican Party made it damned clear that they weren’t going to work with Democrats when Barack Obama was in power, and I see no reason why the Democrats should be any more accommodating now that the Republicans dominate every branch of government. With a Supreme Court already tilted far to the right, this next appointment could well close quite a few doors for liberals and even moderates well into the foreseeable future. So, if Democrats want to fight about it, I’m on board to support them. Their prospects for victory are another question. What tactics are permissible, or even practical? That too is another question.

So, if the Democrats had wanted to just say ‘no’ and stick with that without even providing an argument on the merits of this particular nominee, that would be fine by me. The problem is of course, that they don’t presently have the numbers to win such a battle. The Republicans will beat them in a vote, and there is only so much you can do with procedural gambits. Even the filibuster will only accomplish just so much these days.

So, what’s to stop the Republicans from just ramming the whole nomination through? Apparently nothing. And why not? I may not like it. Other liberals may not like it. By I’m not sure they owe us any real seat at the table. As I mentioned, I think it’s Republicans that broke the goodwill necessary to negotiate these things in good faith, but the fact is that no such good faith exists at this time. Republicans and Democrats are no longer simply parties likely to disagree; they are enemies Hell-bent on each others’ destruction. There is no use crying about it or pretending otherwise. The bottom line is neither side here can be expected to make any effort to work with the other. Democrats were bound to say ‘Hell no’ going into this, and Republicans were bound to say “go fuck yourselves!” Anyone who was surprised by the vicious nature of this process has not been paying attention.

Our country is broken, folks. That’s a fact.

So how did things stand going into this? Right wingers assure us that Kavanaugh is an upstanding jurist with impeccable credentials. Having spent the last decade as a circuit court Judge, Kavanaugh is certainly qualified to handle important questions of constitutional law. Critics point to history of political extremism, much of it stemming from his work on the Starr investigation and later in the Bush administration. Kavanaugh may be an accomplished Judge, but he is also a judge with a history of highly partisan brinksmanship behind him.

One of the more serious (and odd) questions about Kavanaugh’s fitness to serve as a judge stems from his purchase of baseball tickets which led him to amass anywhere from $60,000-$200,000 in debt, which was paid off quite suddenly and without any clear explanation as to how. (It’s not likely the money could have come from his own salary.) That’s hardly enough evidence to convict the man of a crime, but it’s certainly cause for concern about the ability of a judge to do his job without undue influence by outside parties.

…outside creditors?

Perhaps the most serious questions about Kavanaugh’s professional conduct stem from the 2004 and 2006 confirmation hearings in which critics allege Kavanaugh misled the Senate on his role in the hiring process for several parties, and in the adoption of warrantless wiretapping procedures after 9-11. In the confirmation hearings of the time, Kavanaugh adopted the practice is answering questions about his involvement in these politically touchy matters with hedging statements about whether or not he ‘handled’ a case or took a lead role, etc. He may or may not have maintained this word-game consistently throughout the process, but it certainly had the effect of misleading the Senate into the impression the he played little or no role in decisions over which subsequent revelations have shown clear involvement on his part.  Whether or not this amounts to perjury, depends on who you ask. However you might answer that question, it certainly reveals a pattern of deceitful conduct in the confirmation process, and that alone could be a deal breaker for some folks thinking about his present nomination.

It should be.

And then there are the allegations of sexual misconduct.

Pardon me, predatory sexual misconduct.

It’s important to remember that Kavanaugh is not merely accused of doing something sexually inappropriate; he is accused to doing so against the will of the women involved. Whether or not there is any evidence to support these accusations, it is important to recognize the gravity of the accusations themselves. Kavanaugh is accused to consciously and willfully hurting the women in question, not merely getting fresh, but of taking steps to thwart their efforts to fend him off. That’s not just inappropriate; its predatory.

For purposes of brevity (lost hope that that is) I shall stick with the one accusation at issue in today’s hearings. This accusation comes from Christine Blasey Ford, who maintains that Kavanaugh and a friend, Mark Judge, pulled her into a room during a party back in high school, closed and locked the door, and sexually assaulted her. (More detail is just a google away.)

Many find Ford’s accusation in itself troublesome, partly because of the length of time between the event in question and the moment at which she went public, and partly because Senator Diane Feinstein had been aware of it for sometime before presenting it to the committee reviewing Kavanaugh’s nomination. Why did Feinstein wait so long? Many feel it was because this is an obvious ploy to delay the Senate’s confirmation vote. She maintains that Ford had asked her to keep the accusation confidential until the late date. So, which is it? Both is certainly an option. As to the length of time it took Ford to come forward, this does put a Hell of a strain on the effort to establish the facts of the case. Nevethertheless efforts to cast this delay as obvious proof that Ford is lying fall flat. Far from unusual, such delays are common among subject to sexual abuse. They often face serious backlash and stigma, and the accused often go unpunished. Not surprisingly, such victims often try to live with it themselves. This sort of thing may throw a wrench in the conceits of critical thinker hoping to sort the whole matter out with an honest debate, but it remains the task of committees like this to do their best.

It is worth bearing in mind that this is not a criminal trial. Kavanaugh will not go to prison on account of today’s events, but he might lose a job over it (maybe two). The question here is not whether or not he has been proven guilty beyond reasonable doubt. Quite the contrary; it is whether or not the Senate can say with confidence that he belongs on the highest court in the land.

Watching today’s hearing, I saw little in the way of objective evidence telling us whether or not Kavanaugh did the things Ford said he did. There are several angles that could be taken to find out more, one of them of course being the possibility of asking the FBI to investigate the charges. Other options may exist, to be sure, but that is one with a degree of promise, not because the FBI will make any decisions on the matter, but because they can help to sort out many of the details at issue in the case. In any event, that would take some time. How much time, nobody can say, but it’s a fair bet they wouldn’t have a decision ready by tomorrow, which is when the Senate plans to vote on the matter. In the interim, there just isn’t much factual information to go on, certainly none that points conclusively one way or another.

This is certainly a problem. It may even be a problem for which Ford and/or Feinstein bear some responsibility. Were this a criminal trial, it would probably be enough of a problem to get the whole case tossed out, but this is not a trial, it is a political decision, and that decision is about whether or not Kavanaugh is worthy of a seat on the court.

Luckily, today’s proceedings did give us plenty of information to help answer that question. Simply put, Kavanaugh’s approach to the hearing was beyond reprehensible. No, I am not talking about his anger. It might be fair to suggest a nominee for such a high position ought to be more composed than he was, but I think the nature of the accusations make an emotional response understandable. There may even have been an element of an conscious choice to it, one perhaps urged by the idiots currently occupying the White House. Still, I think it best to give Kavanaugh the benefit of the doubt as to his emotions. No. What bothers me isn’t his combativeness it’s the pattern of deceit he revealed in his answers to the Democratic Senators.

First, there is the whole matter of whether or not Kavanaugh would support asking the FBI to investigate the case. Asked this question repeatedly, Kavanaugh dodged it every time. He blamed the Democrats for delaying the investigation themselves. He lectured people on the limits of such an investigation as if literally every person in the room and a good number of us watching on television didn’t already know those limitations. He tried all manner of ways to explain why such a request might not be necessary. What he didn’t do, couldn’t bring himself to do, was simply answer the question. Hell, I could have done it for him; “No sir. I want this over. The vote is scheduled for tomorrow, and I want this concluded at that time. Full stop.” …I really think that was the answer (unless the real answer had something to do with fears of what the FBI could find). However he might have explained his response, Kavanaugh’s failure to answer a simple yes or no question is a index of insincerity.

Kavanaugh’s refusal to support inclusion of Mark Judge directly in the hearings was similarly evasive. Kavanaugh kept telling us that Judge had already spoken on the matter, but a simple question from Leahy very quickly demonstrated the value of questioning Judge directly in a hearing. Neither Kavanaugh, nor the Republican Senators ever acknowledged this fact, and their excuses grew increasingly disingenuous over the course of the hearing.

Kavanaugh was also asked to explain several comments in his High School, yearbook. Here is a copy of the text as produced by Vox.com (the relevant quotes are in red):

Varsity Football 3, 4; J. V. Football 2; Freshman Football 1; Varsity Basketball 3, 4 (Captain); Frosh Basketball (Captain); J. V. Basketball (Captain); Varsity Spring Track 3; Little Hoya 3, 4*** Landon Rocks and Bowling Alley Assault — What a Night; Georgetown vs. Louisville — Who Won That Game Anyway?; Extinguisher; Summer of ‘82 — Total Spins (Rehobeth 10, 9…); Orioles vs. Red Sox — Who Won, Anyway?; Keg City Club (Treasurer) — 100 Kegs or Bust; [redacted] — I Survived the FFFFFFFourth of July; Renate Alumnius; Malibu Fan Club; Ow, Neatness 2, 3; Devil’s Triangle; Down Geezer, Easy, Spike, How ya’ doin’, Errr Ah; Rehobeth Police Fan Club (with Shorty); St. Michael’s…This is a Whack; [redacted] Fan Club; Judge — Have You Boofed Yet?; Beach Week Ralph Club — Biggest Contributor; [redacted] — Tainted Whack; [redacted]; Beach Week 3-107th Street; Those Prep Guys are the Biggest…; GONZAGA YOU’RE LUCKY.

Michael Avenatti suggests that the FFFFFFourth reference is slang for “Find them, French them, Feel them, Finger them, F*ck them, Forget them.”

Others have suggested that the Devil’s Triangle was a reference to sex involving two boys and a girl.

Some have suggested that boofing is either sex in general or anal sex in particular.

According to Kavanaugh, the first was a joke about the way a friend pronounced the F-word, the second is a drinking game like quarters, and the third refers to farting. If Kavanaugh is telling the truth, these comments might be crude, but they are essentially consistent with his own self-presentation as a man who retained his virginity for several years after high school. If he is wrong, then these are lies, as is his earlier effort to present himself as a virgin at the time this was published.

More importantly, Kavanaugh’s response to the phrase “Renate Alumnius” suggests genuine malice. In today’s hearing, he suggested that this was merely a way to show that he and his classmates wanted to include a young lady, Renate Schroeder (now Renate Schroeder Dolphin) from a nearby school in their yearbook. In was not, he stated, a reference to sexual conquest as others have suggested. The problem is that she herself was unaware of these comments made by Kavanaugh and several of his male classmates. If the point was to include her, they forgot the most important part, which was actually talking about it with her. Still more to the point, when she herself learned about this, Renate was angry (even withdrawing her name from the list of 65 women supporting his character in the wake of Ford’s accusations). When Senator Blumenthal asked Kavanaugh about Dolphin’s reaction in today’s hearing, Kavanaugh feigned outrage, suggesting that Blumenthal was inappropriately sexualizing the comment.

That Dolphin herself interpreted the comment in question to be a sexual reference is clear enough from her own comments on the matter, but Kavanaugh pretends the implication has been fabricated by others. And thus he projects his own thinking in the yearbook onto those trying to call him out for it.

If the other denials are lies, Kavanaugh’s response to questions about Renate Dolphin amount to gaslighting.

Then of course, there is Kavanaugh’s repeated claims that all four people who were supposedly present at the party in Ford’s accusation have said it didn’t happen. At some point in the hearing, Kavanaugh was content to suggest that they didn’t remember it, which would be accurate, but by the end of the hearing, he kept telling everyone that the others had said it didn’t happen. ‘That didn’t happen’ and ‘I don’t remember it’ are not the same thing. There is a world of difference between those two claims, and I for one would expect anyone on the United States Supreme Court to know the difference between them. If this was a conscious deceit, then it was one worthy of a slow-witted sophomore; it isn’t a gambit worthy of an accomplished judge.

So there it is!

This is an awful lot of deceit for someone looking to be named a judge for life, let alone a justice on the highest court of the land. In the heat of the arguments, questions about these claims might have seemed a little suspicious, but upon reflection, they become a lot more important. Like Kavanaugh’s comments in his 2004 and 2006 confirmation hearings, his responses demonstrate a consistent effort to mislead the Senate regarding the matters at hand. Some of these deceits simply aren’t even necessary, or at least they wouldn’t have been if Kavanaugh hadn’t committed himself to a certain narrative about his sexual history. Whatever his reasons for producing them, these lies tell us a great deal about Kavanaugh’s character and his approach to legal matters.

Contrast this with Christine Blasey Ford, who conducted herself admirably throughout the hearing. She too had trouble handling her emotions, but she sure as Hell did a better job of it than Kavanaugh. Rachel Mitchel, the prosecutor who questioned Ford in this hearing brought out some inconsistencies in Ford’s overall story (her fear of flying, for example), but none of these proved central to the claims at hand. Significantly, Ford answered the questions in a straight-forward manner, conceded points and even corrected errors herself. We can say of Ford that she doesn’t have a lot of evidence proving that her accusations are true. What we can’t say of Ford is that she lied her way through the hearing.  Kavanaugh definitely did. So, if I have nothing else to go on than the credibility of the two people in question, then I know damned well which one to go with. Simply put, Ford proved herself to be a more trustworthy witness.

Would I want to see a man locked up with so little to go on?

No.

Am I comfortable denying someone a seat on the Supreme Court on that basis alone.

Hell yes!

At the end of the day, this confirmation hearing still leaves us with an image of a political process so broken it taints everyone who touches it. Today’s hearing was a disaster. Something about America just doesn’t work anymore, and this hearing (like the other disaster unfolding in the White House) is just one symptom of it. But if we Americans really must charge right off a cliff, as we seem to be doing these days, then let us do it without this particular judge!

Kavanaugh does not belong on the Supreme Court. He doesn’t belong on a Circuit Court Either.

 

 

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Mansplaining Hobby Lobby At the Silly Girls: Ain’t Free Exercise Fun!?!

25 Tuesday Mar 2014

Posted by danielwalldammit in Justice, Politics, Religion

≈ 24 Comments

Tags

Affordable Care Act, Birth Control, First Amendment, Free Exercise Clause, Hobby Lobby, Obamacare, religion, Supreme Court

Bjk4aOWIEAABqBXI understand the compulsion to wish that people would separate religion from politics, but you might as well tell the wind to stand in a corner and think about all the tall grass it pushes around. Religion IS politics. It always has been and it always will be. So, it really shouldn’t come as a surprise that the GOP has found Jesus again. The Prince of Peace showed them a little leg by means of Citizens United, and the good political Christians have been composing love poems ever since. Today it’s working on rhyme scheme full of obby, gobby, and a great big bibilo-bobby.

It’s moments like these when the distinction between religion and politics simply vanishes. Both embrace visions of a moral order; both anchor that order in some vision of the world at large, and both impose that order on real people. So, it shouldn’t come as any surprise when Jesus turns out to want the same things Uncle Sam does (especially when he’s talking out the right side of his mouth). Does it really make a difference whether the government controls your body or a church? …or for that matter a hobby store?

For practical purposes the word ‘your’ today excludes anything claimed by those of us with a y chromosome, but take heart mens’ rights activists! I’m sure someone is oppressing a man somewhere; y’all can still howl!

This notion that corporations are persons for purposes of the Bill of Rights really has opened up new ground in the frontiers of collectivism, and all manner of good commie-bashing Republicans have jumped the gun to homestead this new turf without the slightest trace of irony. So, today we face the perverse prospect that the religious views of a corporate entity may trump the personal liberties of a woman (along with the good judgement of her doctor).

Pardon me, I have to vomit.

If there was ever any doubt that religious exemptions to the terms of the Affordable Care Act are about controlling the bodies of women, that should have been dispelled long ago. It should have been dispelled the day Rush Limbaugh reacted to a critic of these exemptions by calling her a ‘slut’ and a ‘prostitute’ and spreading lies about her sex life. It should certainly have been dispelled when good respectable conservatives all across the land shouted ‘yea verily’ at the grand bigot-pontiff of hack radio and promptly drafted themselves up a rash of laws restricting the health options of any women unfortunate enough to live in the wrong state or county. For all the rhetoric of rights, one doesn’t have to look hard to see the naked power politics of the right wing’s current approach to women’s health. Control over women’s bodies is an end in itself, and the Republicans want it now.

On this topic, they can count on the support of half-baked misogynists everywhere.

Today the great masculine hope lies with Hobby Lobby and misogynists are lining up to buy a kitchy piece of cloth, or perhaps a nice candle. Others are happy to simply tweet their support. Their keyboards say ‘Religious freedom’, but so often their texts read sexism, and they read it loud and clear. Take for example this little gem from the Matt Walsh Blog. Matt’s thoughts on individual rights aren’t particularly interesting; one is hard-pressed actually to call them thoughts, at least insofar as they appear on the pages of this post, but what’s really fascinating to me is the social posture he takes in this post, the footing as it were. You see Matt isn’t content to frame a basic argument about religious freedom or the rights of supposedly Christian corporations, he wants to set his post up as a direct response to those women who may want birth control. The result is epic mansplaining.

I’ve poured through mounds of research, read pages and pages of court precedent; I’ve reflected on it, meditated, retreated into the mountains to ponder this mystery in peace; I’ve even Googled it, and all of these measures have brought me to one incredible solution for women who want birth control:

Pay for it yourselves.

Or find an employer that chooses to provide it.

Or have sex and don’t use it.

Or don’t have sex.

Basically, take responsibility for your sex life, one way or another.

By ‘epic’ I suppose I mean childish and petty, but what do you expect. Anyway, there you have it folks; at bottom this issue is basic childishness. Apparently, women need to take more responsibility for their own sex lives. So, Matt is going to give them all a good lecture and be done with it.

Can you just hear the guy saying “I won’t cum inside you baby?” No really just the tip? If it comes to that, he no doubt promises to do the honorable thing.  …You get the idea. I’m almost sorry if this is too graphic, but I’ll be damned if the issue of personal responsibility for sexual matters doesn’t play out in just such moments all over the world. Seriously the notion that women need to take more responsibility for their sex lives is perversely ironic and that is precisely what Walsh’s framing of the issue sets up. His blog post isn’t a polemic on a tricky political problem, it is a lecture given to an errant little girl, one whose rights certainly don’t extend to questions about her own medical care. Why not? Well, let’s let Matt tell you…

It used to be that your rights were infringed upon if the government punished or threatened you for expressing your sincerest beliefs.

Now, your rights are infringed upon if you want something but someone refuses to buy it for you.

It used to be that the vision of tyranny was a man or woman bound, gagged, and shoved in a cage for speaking his or her mind.

Now, tyranny is the tragic image of man or woman forced to spend their own money on something because nobody would give it to them for free.

We used to fight and die for free speech.

Now we sit around and whine for free birth control.

Here Matt’s language echoes that of Limbaugh’s old attack on Sandra Fluke. This is a simple case of someone wanting something for free (which isn’t true, but don’t tell these hacks). Gone is any consideration of larger medical issues or questions about how one decides to deal with his or her own body. I say ‘his’ because I think most of us can relate to those moments when an insurance company turns out to be the reason your doc is doing this as opposed to that, and I sincerely doubt that Matt and his fawning fans are any less likely to grumble about such things when faced with them. But when Hobby Lobby turns out to be the reason why a woman can’t get birth control, well that’s just the facts of life, dontchaknow! Oh yes, of course she can pay for the birth control herself, just like you can pay for any number of medical procedures and prescriptions yourself. The fact is that in THIS world, and I by THIS world (I mean the crappy world of health-care we have here in the U.S.A.) what insurance will and won’t pay for is often the difference between what we get and what we don’t. In the real world Hobby Lobby’s policies will make a difference in the care some women get. Some of us think that difference ought to be up to her and her doctor, but apparently that is the view of tyrants.

…and of silly girls who whine.

Of course this is the tip of the Obamacare iceberg here, and many of those telling women to go fly a kite for contraception are the same folks who fought tooth and nail to stop the Affordable Care Act. Their solution for women is the same solution they offered all of us in the years leading up to the ACA, let the market run its course. Pay for your own insurance or pay for your own medical care; that’s what apple pies and supply curves are all about! That folks would say this knowing that medical bills in the U.S. have long since become prohibitive for large sections of the working public is irresponsible in the extreme. It isn’t just governments that skew the market; corporations (and particularly insurance corporations) do that too, but don’t tell the free market fundamentalists. They’ll call you un-American, …or maybe a slut or something.

In any event, the ACA is law now, warts and all, and the present battle is a classic exercise in scapegoating. It turns out that health-care for women is more complicated than it is for men, and when it comes to sex and its consequences, women are more vulnerable than men. So, Hobby Lobby and its pious supporters have risen to the occasion, leading the right wing to its scape-goat. We may have to accept this abortion of a law, they seem to be suggesting, but at least we can leave the sluts out in the cold.

And if they don’t like it?

Well then there are always mansplaining culture warriors to put them in their place. You can’t help but notice the pleasure some of these folks take in explaining the issue. For some, it’s a kind of theatrical moment, a chance to play the role of the stern father or maybe the soup Nazi.

No sex for you!

Ah well! Let’s give Matt the last word here:

And, seriously, in case I forgot to mention it: pay for your own birth control.

The end.

Next issue?

 

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