Thursday, September 27, 2018

Judge Kavanaugh's Senate Confirmation Hearings: To search and destroy the senate's role of advice and consent

What has become the routine process for the Senate to give 'Advice and Consent' upon a nominee to the Supreme Court, is to have a background check performed by the FBI, prior to a hearing by the Senate Judiciary committee, to review any judicial record or relevant comments a nominee might have or have made, and then onto questioning by the senators on the committee, in order to satisfy them about his understanding of the Constitution, and his fitness in interpreting it, on the bench. Bret Kavanaugh has had six FBI background checks over the course of many years, going back to the time he held jobs in the White House, another before becoming a federal appeals court judge in 2006, and again for his current nomination to the Supreme Court. At no time during any of those checks, were any concerning facts or concerns about his conduct and character discovered by the FBI, and his record as a jurist gives no reason to question his integrity, his understanding of, or his ability to, apply the Constitution to the cases that came before him on the court.

Sen. Feinstein, during the period which those hearings were being conducted, held onto letters sent to her by individuals making claims about memories they'd recovered or been troubled by, from 36... or so... years ago, when teenagers, while drunk, at parties... somewhere. Had the letters made charges that were creditable, and had the senator been concerned about either the incidents described being legitimate, or had they raised actual concerns for her about Kavanaugh's character, she would have brought those letters to the attention of her fellow senators, and would have done what she could in order to see to it that actual investigations could be conducted that would go beyond the background checks already performed.

Because there was no reason to be concerned about Judge Kavanaugh's fitness for the Supreme Court, and no reason to credit the accusations in those letters as being serious charges, Sen. Feinstein took no actions, other than to withhold the letters from the judiciary committee.

She didn't do any of that, because she had no real concern for the 'victims', she was not concerned about having discovered hidden flaws in the character of a potential Supreme Court justice, and she did not care about seeing that justice was done in regards to those 'incidents' the letters recounted. What she and her fellow Democrat Senators were concerned about, was having a sensational means of upending the nomination process at the last moment, resisting, and delaying the appointment of a nominee who seemed to be of exemplary character and judicial record.

That was what was, and is, important to Sen. Feinstein. The reason why she, and the Left are concerned about Judge Kavanaugh sitting on the SCOTUS, is because he's a judge that has a good understanding and respect for the Constitution of the United States of America, and would treat and interpret it reasonably and fairly, and because the prospects of another such judge having a seat on the Supreme Court, would spell disaster for the collective ideological aims and agendas of the Pro-Regressive Left (and Right), be they Democrat, Democratic Socialist, or Establishment Republican. The prospect of that so terrifies them, as to push them all to engage in promoting not only the vague and outlandish recollections of his activist accusers, but also the clearly spastic and attention seeking lies of other media whores as well.

Also, let me state clearly for the record: None of these accusations deserved to be heard in 'court'.

Why? Not based upon whether or not I think they happened as claimed, but because there is no reason to entertain the possibility that they had. If you read the different accusations, at least three so far, the 'better' one being made by the professor who testified today, don't bother trying to be a Nostradamus: you cannot know whether or not Dr. Ford was assaulted, or if so, who did it. Both you, and I, have no way of knowing the truth and accuracy of the claims being made, and we shouldn't pretend to! What we can know, and what we should restrict our comments to, is to what we can know about the charges, and their correspondence to facts that can be known, and witnesses corroboration of them. And though the 30+ years have passed are suspicious, that is not the basis for discarding them - see Bill Cosby's conviction and sentencing this week, on the basis of 30+something year old charges (made to the police) - the problem with the charges, lays in the charges and claims themselves.

Let's review: The accusations being made, were made 36+ years ago, when the person claiming to be
a victim, was 15 or so years old, and by her admission drunk, and drunk to the point that she doesn't remember how she got home that night. Kavanaugh, and his friend, both also minors of 17 yrs old, were also allegedly drunk to the point of having difficulty to stand, or to unbutton clothing, On top of that, the alleged crime, one drunk minor accusing another of groping another drunk teenager, was not and would not, have been considered to be a crime at that point in time in the 1980's. Add to this that the time - the date, month, and even year - are unknown even to the accuser, but the place of the supposed assault, was also unknown. Add to this, that the other individuals, fellow inebriated teenagers, which she claims were 'there' at that 'time', have no recollection of the incident, the party, or in some cases, even of the accuser. On top of all of that, this supposed incident was not only not reported at the time, but was brought to mind decades later, while in therapy for 'couples counselling' - a situation that has a long and dark history for producing false memories. So we've got an incident, it's time and whereabouts unknown, witnesses who deny witnessing either the incident, or the event, and in some cases, the accuser as well.

But wait! There's more!

If this sort of incident had happened, it would be reasonable to infer that those who knew Bret Kavanaugh, would have memories of similar behavior, including abusive behavior. That is not only not the case, but in fact dozens of women, many of whom Kavanaugh has known since childhood, have adamantly declared that they have no such recollection of such boorish behavior from him, and in fact testify, enthusiastically, that he is and always has been, nothing like the individual that Professor Ford portrays him as. Plus, Kavanaugh, displaying traits that don't coincide well with the behavior described, was a youth who kept detailed diaries and calendars of what he did as a youth, and for the summer of (it's supposed) 1982, he spent very little of that period in the vicinity of the supposed incident, and none of his notes for activities and events, match up with the party he is accused of having attended.

So let's recap: We've got no details of when and where the incident was supposed to have taken place, the person recalling it recalls most clearly that she was not only drunk at the time, but drunk enough that she doesn't remember how she got home that evening. The witnesses she claimed would corroborate her story, do not recall any such thing happening. Kavanaugh has records that indicate it being unlikely that he was in town at the right time for the incident to have happened, he has oodles of character witnesses - mostly women - who are adamant that he did not behave in the manner described when they knew him back then, or at any time since, up to the present. Oh, also, she, professor Ford, has evidence from her own recollections, yearbooks, and 'witnesses', that she was routinely partying heavily, often to the point of being blackout drunk. And of course, that these accusations were at the very least, encouraged into her recollection, by psychiatric memory recover.

Given all of that, there is no basis for assuming that the accusations have any credible basis for being heard, or investigated - sorry, there just isn't, you go to a psychiatrist to recover disturbing memories, not the FBI.

No, the accusations do not deserve to be heard. In reading the accusations themselves, on the basis of the accusations themselves, any reasonable person should be able to grasp that they make no verifiable charges, that the charges made, at the time they were made, weren't criminal charges, and would not have been pressed against the minors who were supposedly involved, if they had been made. There are no corroborating witnesses, nor character witnesses to anything like the behavior being charged.

The charges against Judge Kavanaugh are truly beneath consideration - not because the accuser is a lying liar, but because the accusations have no reasons whatsoever for being even considered - and so they aren't worth mentioning here, and they aren't worth being even heard or considered there. The Senate should have dismissed them out of hand and voted on Kavanaugh's confirmation.

The accusations being hurled at the judge, are without merit and need not concern us.

What is and should be concerning to all of us, is that every single Democrat senator, and even a RINO or two, has treated them as if they were credible allegations, and has supported their having been withheld from the judiciary committee, and has supported their being leaked after the hearings were at an end, in order to derail the confirmation process for a Supreme Court Justice.

As Sen. Lindsey Graham said so surprisingly well, in part,
Graham: "...When you see Sotomayor and Kagan, tell them I said hello, 'cause I voted for them! I would never do to them, what you've [turning to the Left] done to this guy! This is the most unethical... sham... since I've been in politics. And if you really wanted to know the Truth, you sure as hell wouldn't have done, what you've done to this guy! [turning back to Kavanaugh] Are you a gang rapist?
Kavanaugh: No.
Graham: I cannot imagine what you and your family have gone through. [turning to the Left] Boy ya'll want power! God I hope you never get it! I hope the American people can see through this sham. That you knew about it, and you held it! You had no intention of protecting Dr. Ford. None! She's as much of a victim as you are! God I hate to say it!, 'cause... these! have been my friends, [turning back to Kavanaugh] but let me tell you that when it comes to this, you're looking for a fair process? You came to the wrong town, at the wrong time, my friend....
It should alarm us that the media has for the most part, including our publicly supported NPR, treated these allegations as if they were substantive charges and has endorsed the view that Kavanaugh should be considered to be guilty up and until the point that an intensive investigation might somehow do the impossible and prove the negative, and declare him to have not done what he was charged with having done.

On top of all of that we even have people on the Left holding rallies in opposition to Kavanaugh being confirmed, as well as people on the Right, holding rallies to support his being confirmed, as if this process was a matter that was suitable to such a base popularity contest.

That should alarm everyone, as that gives an indication, both in its occurrences and in the general failure for celebrities and other public figures to denounce or even question it, of how far the processes of the Rule of Law are from the minds of the American people, whose nation is entirely dependent upon their familiarity with, and defense of, its fundamental requirements.

This mess is the most current form of a process that is becoming cemented now under the guise of the #MeToo movement, which has gained popularity on the Left, and has been eagerly embraced by many on the Right when it has served their purposes, where charges could be made not only without proof, but without any effort or intention of having a criminal investigation performed, or even of actual charges being filed, and has been used to effectively remove candidates from the ballots, and even sitting governors from office, without any actual evidence or solid corroboration of the charges being made.

Few seem to grasp that this process which is still gaining momentum, is one that enables lives to be destroyed, for the benefit of the ideological concerns of others, while leaving no room for justice to be served, or innocence to be defended. Right now, any male who is seen as a difficulty in another persons plans, can be targeted and destroyed, even imprisoned, on the basis of unsubstantiated charges made by a women claiming sexual assault.

If any of you think that this process will be contained by, and will somehow remain within the realm of women making charges of sexual assault against powerful men, you are being almost criminally naive. The 'standard' of sensational charges is being set, empowered to remove inconvenient targets from the scene, and it can, and will, spread to all avenues of our lives (See Papa John's for a related reference). That cannot not happen, so long as making such baseless charges continues to be accepted, and to succeed.

The events playing out before us has little or nothing to do with Judge Kavanaugh, or his accusers, and has everything to do with using lies, the violation of process and standards, and every ounce of intimidation that can be summoned, in order to prevent the Supreme Court from having another justice sitting upon it, who will respect and interpret it, and the laws written under it, honestly and fairly. As Judge Kavanaugh said himself in his remarks today:
"...This confirmation process has become a national disgrace. The Constitution gives the Senate an important role in the confirmation process, but you have replaced advice and consent with search and destroy.

Since my nomination in July, there’s been a frenzy on the left to come up with something, anything to block my confirmation. Shortly after I was nominated, the Democratic Senate leader said he would, quote, “oppose me with everything he’s got.” A Democratic senator on this committee publicly — publicly referred to me as evil — evil. Think about that word. It’s said that those who supported me were, quote, “complicit in evil.” Another Democratic senator on this committee said, quote, “Judge Kavanaugh is your worst nightmare.” A former head of the Democratic National Committee said, quote, “Judge Kavanaugh will threaten the lives of millions of Americans for decades to come.”

I understand the passions of the moment, but I would say to those senators, your words have meaning. Millions of Americans listen carefully to you. Given comments like those, is it any surprise that people have been willing to do anything to make any physical threat against my family, to send any violent e-mail to my wife, to make any kind of allegation against me and against my friends. To blow me up and take me down.

You sowed the wind for decades to come. I fear that the whole country will reap the whirlwind. ..."
That is the reasoning that has been given by several of his accusers, as the 'reason' for their coming forward with their accusations. That is the reason given by roving bands of antifa, for harassing and assaulting private individuals and public servants, on the streets, in their places of business, or in dining and relaxation. That is the prospect that terrifies the anti-American pro-regressives amongst us, to no end, and it is why they have been, and will continue to, search out and destroy the reasonable process of advice and consent, on the part of the Senate.

There is no tenant of Politically Correct ideology, that can survive a court where a majority of justices interpret the Constitution, rather than re-interpret to justify their ideological aims and passions. Not. One. Jot or tittle. Their dreams of totalitarian controls, are endangered by our constitution, if it is treated seriously.

That is what is being played out before us. Nothing less. And even considerably more, as this is a process that can, and will, if left unchecked, destroy the possibility of justice in all walks of life, in what remains of America. If you think totalitarianism requires a govt to implement it, you are greatly mistaken; a thought which the author of this article makes. A Totalitarian society can be imposed in other ways than by govt decree. Have you ever feared speaking your mind in public? Ever cautiously looked around before telling a joke, because of Political Correctness? That doesn't, for the most part (yet) come from govt powers, but by private, societal, actions. And if gangs of thugs, antifa or otherwise, can beat you into silence... who needs govt laws to deprive you of your liberty?

Worse, if that's happening now, without govt decrees - just imagine what could be done with full control of the courts, legislature and executive....
"... Senate Dems have settled on the ugliest means available, even by the standards of the body that added the verb “Borking” to our political vocabulary. The question is: Why have Republican high-court nominations brought out the worst from the left, going back to the Ronald Reagan era?

The short answer is that liberals fear their major cultural victories of the past half-century are democratically illegitimate. Not a single one was won at the ballot box, going back to the Supreme Court’s 1965 Griswold decision, which recognized a constitutional right to contraceptives. From abortion to gay marriage, plus a host of less titillating issues, modern liberalism has lived by the Court. And liberals fear their cause will die by the Court...."
What worries me most about the process that has intensified from Bork being Borked, and Justice Thomas's attempted high tech lynching, or the videos of Pro-Regressive Leftist thugs chasing Sen. Cruz and his wife from their table in a restaurant - fascists gonna fascist - but what has become routine, is that people stand by and passively allow it to happen. Is it too much to expect them to do something to oppose such abusively uncivil behavior? Perhaps. But Ben Franklin's comment comes worriedly to mind: "A Republic, if you can keep it."

This entire episode has been nothing but an assault upon an individual because of his place in our system of governance, by those who don't want someone on the Supreme Court, who will look to the Constitution for their decisions, not the popular ideological playbook. If anyone is to be charged in this atrocity, it is the Democrat senators, and their accomplices,

It is despicably outrageous, and true, what Judge Kavanaugh said today, that
"...The Constitution gives the Senate an important role in the confirmation process, but you have replaced advice and consent with search and destroy...."
As to the Republican Party, I'm not sure what service Kavanaugh goes to, to recover his name, or where we go to, to recover a respectable judicial confirmation process, but Republicans had better hear this and hear it well: You'd damn well better vote on Kavanaugh's confirmation, now, and confirm him, and move on to your real responsibilities, or your days are seriously numbered.

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