The Daily Parker

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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.

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.

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.

Lunchtime reading

Lots of stuff crossed my inbox this morning:

Back to my wonderful, happy software debugging adventure.

Rushing to seat a Justice

James Fallows says the Republican effort to put Brett Kavanaugh on the Supreme Court without adequately weighing some key evidence risks a multi-generational error:

During his confirmation hearings for the D.C. Circuit Court 12 years ago, Kavanaugh denied under oath that he had participated in certain specified partisan fights. Two senior, hyper-cautious Democratic senators – Patrick Leahy, and Dianne Feinstein – have, along with others, now come out with statements that Kavanaugh was lying under oath in 2006, and is doing so again now.

Was he? This matters.

Every modern-era judicial nominee has mastered the art of dissembling, and pretending to have a completely open mind and a “I just call the balls and strikes” objectivity about every controversial issue.

But actual lying is something different. Clarence Thomas’s interlocutors believed that he was lying about Anita Hill, and the intervening years makes it more likely they were right. This is the first time I’m aware of, since the Thomas hearings, in which Senators opposing the nomination have come out to say: this nominee is lying under oath. It is worth knowing the truth before the now-or-never vote is cast.

The second question involves finances.

Brett Kavanaugh has some major financial gray-areas in his recent past. The very large credit-card debts, suddenly paid off?

Maybe this all is nothing. But the Senate is ramming through a vote before anyone knows what’s there.

Only 51 days until the election.

51 people

James Fallows will spend the next 54 days (until the next Congressional election in the US) talking about the 51 people who each have the power to stop President Trump:

The 51 senators who now make up the GOP’s governing majority represent about 30 million fewer constituents than do the 49 Democrats and independents. And thanks to gerrymandering and similar factors, a 1-percent GOP edge in House of Representatives voting in 2016—just over 63 million total votes for Republican candidates, versus just under 62 million for Democrats—translated into a 47-seat majority in the House.

I mention these disproportions to introduce a Time Capsule series for the 55 days between now and the 2018 mid-term elections. It will focus on the 51 people who have disproportionate power. Unlike the other 330+ million Americans, could do something directly to hold Donald Trump accountable for what nearly all of them know is his reckless unfitness for office—but who every day choose not to act.

Those 51 are, of course, the Republicans who make up Mitch McConnell’s current Senate majority.

But 55 days before the election, not a one of these 51 people has dared act. Not after the “anonymous” op-ed in The New York Times; not after Bob Woodward’s Fear (and the dozen previous books to similar effect); not after … anything.

Encouraging to me is that polling now suggests at least two of those 51 could lose their seats in November.

Morning reading list

Before diving back into one of the most abominable wrecks of a software application I've seen in years, I've lined up some stuff to read when I need to take a break:

OK. Firing up Visual Studio, reaching for the Valium...

Party like it's 1879

Atlantic editor Adam Serwer draws a straight line between the ways the Redemption court of the 1870s paved the way for the Gilded Age and Jim Crow, and how the Roberts court now (and especially with Brett Kavanaugh on it) is returning to those halcyon days:

The decision in Cruikshank set a pattern that would hold for decades. Despite being dominated by appointees from the party of abolition, the Court gave its constitutional blessing to the destruction of America’s short-lived attempt at racial equality piece by piece. By the end, racial segregation would be the law of the land, black Americans would be almost entirely disenfranchised, and black workers would be relegated to a twisted simulacrum of the slave system that existed before the Civil War.

The justices did not resurrect Dred Scott v. Sandford’s antebellum declaration that a black man had no rights that a white man was bound to respect. Rather, they carefully framed their arguments in terms of limited government and individual liberty, writing opinion after opinion that allowed the white South to create an oppressive society in which black Americans had almost no rights at all. Their commitment to freedom in the abstract, and only in the abstract, allowed a brutal despotism to take root in Southern soil.

The conservative majority on the Supreme Court today is similarly blinded by a commitment to liberty in theory that ignores the reality of how Americans’ lives are actually lived. Like the Supreme Court of that era, the conservatives on the Court today are opposed to discrimination in principle, and indifferent to it in practice. Chief Justice John Roberts’s June 2018 ruling to uphold President Donald Trump’s travel ban targeting a list of majority-Muslim countries, despite the voluminous evidence that it had been conceived in animus, showed that the muddled doctrines of the post-Reconstruction period retain a stubborn appeal.

Roberts wrote that since the declaration itself was “facially neutral toward religion” and did not discriminate against all Muslims, it did not run afoul of the Constitution. In doing so, he embraced the logic of decades of jurisprudence from his predecessors on the high court, whose rulings ensured that the Constitution would not interfere with the emergence of Jim Crow in the American South. The nation’s founding document is no match for a dedicated majority of justices committed to circumventing its guarantees.

He lays out that in the Roberts court at least they're not vociferously white supremacist. But the deference to corporate rights, he points out, almost guarantee another generation of increasing wealth disparities in America.

Unless we win all three branches of government and pass an amendment or two. But it'll have to get a lot worse before we do that, if history is any guide.

Update: Longtime reader MB sent this: "At every crossroads on the path that leads to the future, tradition has placed 10,000 men to guard the past."—Maurice Maeterlinck

The snakes are biting each other now

Yesterday, the New York Times ran an anonymous op-ed from a "senior White House official" that described a "resistance" inside the White House against President Trump's insanity. Greg Sargent calls bullshit:

If anything, the sum total of the revelations offered, while valuable in some respects, reveals the sharp limits on which Trumpian impulses these greatly alarmed patriots discern to be seriously damaging to the country. In so doing, it actually reveals just how deeply insufficient these constraining efforts really are. If the people around Trump think this sort of display will insulate them from any post-Trump reckoning, we’d better make sure it fails ignominiously.

Perhaps the most pointed charge is directed at Trump’s “amorality.” As the piece says: “Anyone who works with him knows he is not moored to any discernible first principles that guide his decision making.”

Except in a sense, Trump absolutely does have “first principles,” and these are precisely the problem. Among them are racism and white nationalism; the prioritization of self-enrichment over all else, even extending to a total lack of concern about foreign sabotage of our democracy, simply because he was its beneficiary; and the corrupt, intertwined convictions that law enforcement is merely an instrument of his political will and that he and his cronies should be protected from institutional accountability at all costs, no matter what damage is done along the way.

These do not come in for condemnation. Nor do the policies and actions they have given rise to — policies and actions that are inflicting an untold human toll and great damage on the country. In this sense, the claim that Trump is “amoral” lacks meaningful moral content, and the assertion that Trump is “anti-democratic” lacks meaningful pro-democratic content.

Josh Marshall agrees:

I say ‘faux-resistance leader’ because I see this exercise primarily as one of anticipatory self-exculpation. As things look darker and darker for the President we are beginning to see the first glimmers of the argument that those who should be tainted forever by their association with President Trump may actually be “unsung heroes” who were resisting from within.

This argument has no merit. Not only does this amount to late in the game special-pleading, on the merits what is described here is not good. Presidents are elected by the people. They run the executive branch. If a President is unfit, committing criminal acts or guilty of misrule, our system has open and lawful paths to rectify the situation. There is the 25th Amendment. There is impeachment. There is the simpler course of disclosure: speaking out publicly, revealing the truth to the people in your own name and being fired. The “two-track presidency” which the author describes, with top advisers using subterfuge and stealth insubordination to frustrate the President’s constitutional rule is, at least in concept, clearly unconstitutional. A more hard-boiled version of what the author describes is this: We are fully cognizant of the the danger the President poses to the country and the fact that he is manifestly unfit for the job. But we are going along with the charade as long as it lasts to pocket deregulation and tax cuts.

The upshot is that the administration is coming apart, which is as unsurprising as it is horrifying.

As Tom Lehrer once said, I'm feeling like a Christian Scientist with appendicitis.

When you think it can't get stupider...

President Trump, after hearing a report on Fox News that Google search results on his name aren't totally flattering, now believes that Google is part of the conspiracy against him:

The Trump administration is “taking a look” at whether Google and its search engine should be regulated by the government, Larry Kudlow, President Trump’s economic adviser, said Tuesday outside the White House.

“We’ll let you know,” Kudlow said. “We’re taking a look at it.”

The announcement puts the search giant squarely in the White House’s crosshairs amid wider allegations against the tech industry that it systematically discriminates against conservatives on social media and other platforms.

Greg Sargent sees this as Trump once again, by instinct or design, trying to inflame his rump supporters:

Trump’s claim is, of course, absurd: As Daniel Dale explains, this is based on a bogus right wing media claim, and all it really means is that when you google about Trump, you are likely to initially see stories from major news organizations that are legitimately reporting aggressively on Trump, rather than from conservative opinion sites that are putting out propaganda on his behalf.

But while this might seem like typical Trumpian buffoonery, at its core is some deadly serious business. These attacks on the media — which are now spreading to extensive conspiracy-mongering about social media’s role in spreading information — form one part of an interlocking, two-piece Trumpian strategy (whether by instinct or design is unclear) that serves to underscore the urgency of this fall’s elections.

Trump is unleashing endless lies and attacks directed at the mechanisms of accountability that actually are functioning right now — the media, law enforcement and special counsel Robert S. Mueller III’s investigation — to persuade his supporters not only that they shouldn’t believe anything they hear from these sources, but also to energize them and get them to vote, to protect him from those institutions’ alleged conspiracy against him.

At the same time, that campaign of lies is designed to get Republican voters out for the purpose of keeping in place the mechanism of accountability that is not functioning right now — the GOP-led Congress — preventing a Democratic takeover of the House, which would impose genuine accountability.

At the same time, Republicans in Congress have circulated a list of all the scandals Democrats want to hold hearings on as soon as they win a majority in either legislative house:

The list hints at the overflowing sewer of Trumpian corruption and incompetence, and the refusal of congressional Republicans to investigate any of it. Oddly enough, this list is being circulated by Republicans in Congress. The list, composed of Democratic requests for hearings that Republicans have blocked, is meant to warn of what Congress would look into if Democrats win the midterms. Axios reports that Republican “stomachs are churning” at the mere thought that any of the items on the list could receive a public hearing.

The list includes the kinds of policies a normally functioning Congress would probe, including “Election security and hacking attempts,” “White House security clearances,” and “Hurricane response in Puerto Rico.” (Congress held bipartisan hearings on the government’s response to Hurricane Katrina, but has not done so for the response to the hurricane in Puerto Rico, where hundreds of Americans died.) But most of the cases listed focus on corruption: “President Trump’s tax returns,” “Trump family businesses — and whether they comply with the Constitution’s emoluments clause, including the Chinese trademark grant to the Trump Organization,” “Trump’s dealings with Russia, including the president’s preparation for his meeting with Vladimir Putin,” and on and on.

Probably the most picayune item on the list would be “White House staff’s personal email use,” though of course it might be difficult for Republicans to dismiss this issue given that they based their entire campaign on the premise that the use of personal email constitutes a grave criminal defense and continue to demand the imprisonment of Hillary Clinton for this very offense.

The most predominant theme of the list is corruption.

In other words, the Republican Party has completely abandoned its previously-held beliefs in the rule of law, and are now openly running on a platform of supporting the rule of Donald Trump.

We have 70 days until the Mid-Terms. Can't wait to see how bad it will get before then.