The Daily Parker

Politics, Weather, Photography, and the Dog

It's deja vu all over again

The American Bar Association had concerns about Brett Kavanaugh 12 years ago:

Democrats for three years had been blocking President George W. Bush’s 2003 nomination of Kavanaugh to the U.S. Court of Appeals for the D.C. Circuit. They argued he was biased, as shown by his work as a lawyer for Bush’s presidential campaign, for an independent counsel’s investigation into President Bill Clinton and for other conservative causes.

Republicans kept pushing to make Kavanaugh a judge on the powerful appeals court, year after year. In his defense, they cited multiple reviews by the ABA’s judicial review committee that found him “well qualified” — the big attorney association’s highest possible endorsement, meaning Kavanaugh had outstanding legal abilities and outstanding judicial temperament.

But in May 2006, as Republicans hoped to finally push Kavanaugh’s nomination across the finish line, the ABA downgraded its endorsement.

The group’s judicial investigator had recently interviewed dozens of lawyers, judges and others who had worked with Kavanaugh, the ABA announced at the time, and some of them raised red flags about “his professional experience and the question of his freedom from bias and open-mindedness.”

But the GOP hasn't been in favor of unbiased judges since...well, let's see, they're really only in favor when Democrats hold the White House. Interesting.

I fear they're going to get uglier before they're out of power. It's human nature.

Lots of reactions to yesterday's confirmation hearing

Brett Kavanaugh's hearing yesterday dominated the news. Here are some reactions:

Then, today, the committee voted along party lines to advance Kavanaugh to the whole Senate; Jeff Flake (R-AZ) and Lisa Murkowski (R-AK) demanded the FBI investigate the allegations; and protesters confronted Flake in the Capitol.

Personal note

Phew! I own property again, as of 11:42 CDT today. I'm glad meet the requirements for voting as established in most of the States back in 1789.

(Fortunately, we've updated the requirement, and the Republican Party haven't succeeded in rolling back the new rules.)

With friends like these...

Republican David Brock, who worked with Judge Brett Kavanaugh on the Clinton impeachment, urges the Senate to vote "No" on Kavanaugh's nomination:

Twenty years ago, when I was a conservative movement stalwart, I got to know Brett Kavanaugh both professionally and personally.

A detailed analysis of Kavanaugh's own notes from the Starr Investigation reveals he was cherry-picking random bits of information from the Starr investigation — as well as the multiple previous investigations — attempting vainly to legitimize wild right-wing conspiracies. For years he chased down each one of them without regard to the emotional cost to [Vince] Foster’s family and friends, or even common decency.

Kavanaugh was not a dispassionate finder of fact but rather an engineer of a political smear campaign. And after decades of that, he expects people to believe he's changed his stripes.

I can promise you that any pretense of simply being a fair arbiter of the constitutionality of any policy regardless of politics is simply a pretense. He made up his mind nearly a generation ago — and, if he's confirmed, he'll have nearly two generations to impose it upon the rest of us.

Meanwhile, it looks a lot like the Christine Blasey Ford held her own against what Josh Marshall calls "Grassley's Catastrophe."

We're 40 days from the mid-terms.

The death gurgles of Sears

Long-time readers know how much I hate what Eddie Lampert has done to Sears (recent example here). Now, apparently, even he thinks the company is done for:

Edward Lampert's proposed debt reduction plan for Sears Holdings is noteworthy for what it doesn't include: any commitment of new funds from the hedge fund mogul/CEO himself for the floundering retailer he has controlled since 2005.

That may be why the plan landed with such a thud on Wall Street. Sears stock tumbled 7 percent after Sears disclosed Lampert's proposal Monday, retraced some ground to close off 2 percent, and then fell another 5 percent early Tuesday. At $1.17 per share late yesterday, Sears was down about 99 percent over the past decade.

Investors have come to expect Lampert to underwrite continuing losses at Sears, which has lost a total of $6.8 billion since 2013. Lampert and affiliates advanced Sears more than $2 billion in the past few years.

Lately, however, Lampert seems to have lost his appetite for Sears IOUs. Now he's more interested in Sears' assets, floating a $400 million offer for the Kenmore appliance brand in August. Even that proposal was nonbinding and contingent on Lampert finding a third party to finance the buyout. In other words, the billionaire isn't willing to risk his own money on Kenmore.

You know the old story: you broke it, you bought it. In this case those things happen cyclically. I think we're finally reaching the end, though.

It's not "he said, she said"

Writing in Forbes, psychologist Todd Essig says it's perfectly plausible that Brett Kavanaugh has no recollection of what to Christine Blasey Ford was a life-changing event:

It is distinctly possible that his lack of memory is not because it never happened but because he really has no recollection of it taking place. He never encoded the event. Therefore, he cannot remember something he never noticed, even though it proved to be life-altering for someone else.

As Dr. Richard Friedman wrote this week, an attack usually triggers intense emotions and stress hormones that facilitate encoding memories. That is why “you can easily forget where you put your smartphone or what you had for dinner last night or last year. But you will almost never forget who raped you, whether it happened yesterday — or 36 years ago.”

Of course, this doesn’t let [Kavanaugh] off the hook for what he did or at all suggest he either has or doesn’t have the qualities one needs in a Supreme Court Justice. It’s just that he may not be lying about what he recalls. It also doesn’t excuse the self-serving way he transformed the absence of memory into the presence of certainty that something didn’t happen. A judge should know better than to rest his career on such a logical incongruity.

For another take on this phenomenon, check out Deborah Copaken's moving essay in The Atlantic, "My Rapist Apologized."

How the Great Gatsby explains Trump

Brilliant essay in The Atlantic by Rosa Inocencio Smith:

There’s an eerie symmetry between Donald Trump and The Great Gatsby’s Tom Buchanan, as if the villain of F. Scott Fitzgerald’s 1925 novel had been brought to life in a louder, gaudier guise for the 21st century. It’s not just their infamous carelessness, the smashing-up of things and creatures that propels Tom’s denouement and has seemed to many a Twitter user to be the animating force behind Trump’s policy and personnel decisions. The two men, real and fictional, mirror each other in superficial but telling ways. Tom moves like Trump, aggressive and restless, and talks like him, with ponderous pride. He picks personal fights in public, “as though … it would be a privilege to partake vicariously of [his] emotions.” Tom surprises his dinner guests with disjointed political speeches, warning insistently that “civilization’s going to pieces.” His patrician mannerisms are shot through with flashes of anxiety, “as if his complacency, more acute than of old, was not enough to him any more.” 

Tom—the Yale man, the football star, the spender of old money, the scion of what he calls the Nordic race—embodies the peak of social status in his century. Trump—the former Playboy-cover subject, the billionaire celebrity, the most powerful man in America—does the same for his. And their shared personality traits are the product of their shared relationship to power—the casual unreflective certainty that comes from inheritance, and enables its holders to wield its blunt force as both a weapon and a shield. Such power has its own logic; it responds not to social or moral rules, but to what it perceives as danger. It’s for these reasons that in 2018, The Great Gatsbyreads like a warning. For as much as it is a story about the American Dream, it is also a story about power under threat, and of how that power, lashing out, can render truth irrelevant.

History rhymes, and literature provides insights.

Damning with no praise at all

The two most prominent Republican women who write for left-leaning major newspapers are not happy with the Brett Kavanaugh saga. First, Michelle Goldberg says the current GOP elite are "pigs all the way down:"

Let’s start with Kavanaugh’s high school, Georgetown Prep, also the alma mater of Neil Gorsuch, Trump’s first Supreme Court pick. There’s now a wealth of reporting painting the private school as a bastion of heedless male entitlement. Kavanaugh’s high school friend Mark Judge — who Christine Blasey Ford, Kavanaugh’s first accuser, says was in the room when Kavanaugh allegedly assaulted her — has written extensively of his drunken teenage debauchery.

There’s no equivalent culture in which girls reap social capital for misbehaving. You rarely see women in politics or law who flaunt college reputations as party girls; the women who make it are expected to show steely self-control. In the rarefied social world that produces so many of our putative leaders, a young man who frequently gets blackout drunk, as Kavanaugh reportedly did, is a fun guy. A young woman who does so is a mess.

Watching all this unfold is radicalizing for reasons far beyond Republican mistreatment of Kavanaugh’s accusers. His story shows, in lurid microcosm, how a certain class of men guard and perpetuate their privileges. Women who struggle ceaselessly to be smart enough, attractive enough, ambitious enough and likable enough have been playing a rigged game. As they realize that, their incandescent fury is remaking our politics. We’ll know things have changed when palling around with sexual abusers carries more stigma than being abused does.

Over at the Post, Jennifer Rubin says, if Kavanaugh is a partisan hack, he should be questioned like one:

Judge Brett M. Kavanaugh shed any hint of judicial temperament on Monday night. He went right to the most partisan outlet, Fox News, which has been likened to “state TV.” He seemed a bit ill at ease in his role as victim during the softball interview. He teared up. He said he wouldn’t be chased out of the confirmation process. In doing so, he debased himself and the highest court.

By going to Fox News before appearing again before the Senate Judiciary Committee, he sank to the level of political partisan. As he claimed his growing list of accusers were . . . were what? — All loons? All partisans? — he made clear that he is not acting like an innocent man nor a judge. An innocent man and one of fine judicial temperament would demand an investigation to clear his name. An innocent man and a man steeped in due process and fair play would denounce reprehensible stunts such as trying to blame a completely innocent person using nothing but an old yearbook and Zillow. Such a man would not make a mawkish plea for sympathy, but rather, insist on a rigorous investigation of the facts.

Democrats should make clear that, in his hunger to sit on the Supreme Court, Kavanaugh has further politicized an already broken confirmation system and has done damage to the court. His indifference to transparency and fact-finding in favor of hardball political theatrics alone should be grounds for rejecting his nomination.

Because it turns out, making blatant partisanship part of the nominating process for a lifetime appointment makes the body itself blatantly partisan. We have the Republicans to thank for that, more than the Democrats, whose partisanship extended to bouncing Robert Bork because—wait for it—he was too partisan to sit on the Court.

The Republican Party can barely get through a morning without demonstrating their disdain for the voters who put them in office. And in their desperation to stay in power, they're destroying the system they're sworn to "protect and defend." Which may be part of their plan.

Personal update

For the first time since April 2000, none of my property is real.

(That's a little lawyer humor.)

The last transaction of the month will be Friday, when I close on Inner Drive Technology World Headquarters 5.0. Meanwhile, I own nothing, and I owe nothing. It's an odd feeling.

Thank you for de-linting my blog

This week, I got an email from the SEO coordinator at Alaska Airlines:

My name is Shawn with Alaska Airlines. I'm reaching out concerning a specific link on blog.braverman.org. As you may have heard, Alaska Airlines acquired Virgin America last year. We are in the process of updating all Virgin America links to go directly to our website, https://www.alaskaair.com.

We want to make sure your readers are being sent to the correct place!

We would really appreciate it if you could update the link and anchor text, Virgin America, on this page: http://blog.braverman.org/2009/09/default to:https://www.alaskaair.com and Alaska Airlines. 

Please let me know if you have any questions.

If you're not the appropriate person to contact about this, can you put me in contact with the right person?

(The actual post he meant me to change is here.)

See, Alaska took over Virgin America, and now they want to scrub the Internet of all references to the old airline. I politely told Shawn that, no, I was not about to change a 9-year-old blog post to send Virgin down the memory hole.

He replied that he understood, but could I just change the URL to point to Alaska Air at least?

No, Shawn. I'm not editing the post, full stop. It reflects the state of the world in 2009, and to me, it's a document that needs to remain unaltered.

I'm sure the SEO coordinator of an airline believes that it's a doubleplusgood thing to help people who may inadvertently discover a blog post from 2009 not get misdirected. But the whole thing really creeped me out. Alaska or one of its vendors had to go through every one of the over 6,500 posts I've written looking for references to Virgin America, and then Shawn had to field my response to his (no doubt automated) email request. That's a lot of effort to pretend Virgin America never existed.

Did I mention Virgin America Airlines? Just making sure.