Brett Kavanaugh: Judicial Temperament, or Adolescent Temper?

The issue of whether Brett Kavanaugh sexually assaulted Christine Blasey Ford is much more complex than a simple “he-said, she-said” situation. For the Republicans, it’s not about what Kavanaugh did or didn’t do…It’s about having their man on the Supreme Court. Indeed, Fifty-four percent of Republicans said that Supreme Court nominee Brett Kavanaugh should be confirmed, “regardless of whether (Christine Blasey) Ford’s allegations are true,” according to a recent NPR/PBS News Hour/Marist poll.

But putting aside (for a moment) the question of whether Kavanaugh did the things he is accused of (by two women in addition to Blasey Ford), Kavanaugh showed some worrisome traits – traits that are the opposite of those befitting a Supreme Court Justice.

First, he demonstrated an adolescent belligerence at various times during his questioning. When asked by Senator Amy Klobuchar, D-Minn, whether he had ever drunk so much that he blacked out, Kavanaugh responded, “You’re asking about black out, I don’t know, have you?”

If he were a teenager and spoke to his parents in that manner, he’d likely be grounded. But he’s an adult who spoke to a U.S. Senator that way, and the Republicans want to reward him with a Supreme Court judgeship.

Second, Kavanaugh lost his temper and general composure at various times during questioning, lashing out at Democrats and accusing them of conspiring against him as revenge “on behalf of the Clintons.” (Kavanaugh was an associate counsel for Ken Starr, the independent counsel who investigated Bill Clinton.) This and other accusations of Democrat conspiracy, along with his warning that he would “threaten the lives of millions of Americans for decades to come,” should alarm us. Not only do Brett Kavanaugh’s statements and manner reveal his ability to maintain calm under pressure, they also underline his clear partisanship.

Third, Kavanaugh has been caught in several “small” lies from his testimony. He claimed that he had no connections to Yale, and that he got in by “working his butt off.” In reality, his grandfather attended Yale, and this makes Kavanaugh a legacy student. When asked about an item on his calendar (“Devil’s Triangle”) from when he was in high school, he claimed it was the name of a drinking game though, in reality, it is the name for a sexual situation with two men and one woman. Since Thursday’s hearing, several classmates of Kavanaugh’s have come forward, saying that he downplayed the degree to which he drank, as well as having lied about never blacking out.

Though the lies in Kavanaugh’s testimony may seem small, they are still lies. Lying under oath is perjury.

As Chad Ludington, a former Yale classmate of Kavanaugh, said, “I do believe that Brett’s actions as a 53-year-old federal judge matter. If he lied about his past actions on national television, and more especially while speaking under oath in front of the United States Senate, I believe those lies should have consequences. It is truth that is at stake, and I believe that the ability to speak the truth, even when it does not reflect well upon oneself, is a paramount quality we seek in our nation’s most powerful judges.”

Kavanaugh has clearly shown himself to be lacking the temperament and integrity that is crucial for one of our country’s highest interpreters of the law. Republicans were willing to put aside one man’s blatant misogyny, proven dishonesty, and lack of respect for others, and elect him president. Should it surprise us, then, that the Republicans maintain their support for Kavanaugh?

Kavanaugh classmate: He has not told the truth | CNN [2018-10-01]

Trump expands scope of FBI probe into Kavanaugh | Fox New [2018-10-01]

Rod Rosenstein: Will He Resign? Will He Be Fired? Will We Know?

Deputy Attorney General Rod Rosenstein’s expected departure may not feel exactly like a surprising news story. There was speculation during the summer that Trump might fire Rosenstein after the FBI raided the home of Michael Cohen, Trump’s former personal lawyer. What stands out at this point about the possibility of Rod Rosenstein’s leaving is the recent alternating news about his mode of departure.

First, the news came over the weekend that Rod Rosenstein was about to be fired in the aftermath of a story that appeared in The New York Times. According to the Times, after Trump’s firing of former FBI director James Comey in early 2017, Rod Rosenstein had allegedly suggested invoking the 25th Amendment to remove Trump from office. Rosenstein also reportedly talked about secretly recording Trump’s conversations. Rosenstein has denied both allegations.

Later, on Monday, it was reported that Rosenstein was going to resign because he expected to be fired. He visited the White House on Monday, and met with Chief of Staff John Kelly, as well as speaking with Donald Trump, who was in New York when they spoke.

At the end of Monday, however, Rosenstein’s job was still intact. He will meet in person with Trump on Thursday, September27.

In anticipation of Rod Rosenstein’s expected departure one way or the other, is the White House trying to blur the public’s impression about whether Rosenstein was fired or whether he resigned?

Something important to remember is this, from The Atlantic: “If the president can browbeat Rosenstein into resigning—or even plausibly misrepresent the firing as a resignation—Trump gains the power to bypass the Senate confirmation process under the Federal Vacancies Reform Act. He can replace Rosenstein with any serving official previously confirmed by the Senate to any other job.”

In the summer of 2017, when Trump ordered the firing of Robert Mueller, and Don McGahn refused, some predicted that Trump would next try to fire Rod Rosenstein, who also indicated that he did not intend to fire Mueller. This, some said, would remove the block (Rosenstein) to ending the Russia investigation.

If Donald Trump’s current chance to get rid of Rod Rosenstein plays out, Trump would be able to control who steps in at the Justice Department to run the Mueller probe. That person would have to be confirmed by the Senate, but with a Republican-dominated Senate, most of which either strongly backs Trump or has been largely sluggish, it’s likely the Trump appointee would be confirmed. That person would then direct Robert Mueller, and could effectively put an end to the investigation into Russia’s influence on the 2016 presidential election. Thursday may not only be a big day for Rod Rosenstein, it could be a fateful day for our country.

Napolitano on potential fallout if Trump fires Rosenstein | Fox News [2018-09-24]

Rod Rosenstein speaks with Trump about recent news stories, will meet Thursday | CBS News [2018-09-24]