Blog on the Run: Reloaded

Sunday, September 15, 2019 6:36 pm

Brett Kavanaugh, redux

A new New York Times story brings forward another account of Brett Kavanaugh’s sexual assaults, illustrates just how badly the GOP tried to prevent a through investigation of the allegations against him, adds evidence that Kavanaugh lied to Congress during his confirmation hearings, and illustrates just how pustulently corrupt the 21st century GOP has become.

New York Times reporters Robin Progrebin and Kate Kelly published a story in Saturday’s New York Times about Deborah Ramirez, a woman who alleges that when they were students at Yale in the winter of 1984, future Supreme Court nominee Brett Kavanaugh “pulled down his pants and thrust his penis at her, prompting her to swat it away and inadvertently touch it.”

The story points out that another woman, Christine Blasey Ford, accused Kavanaugh of more serious behavior, saying that Blasey Ford “claimed that he pinned her to a bed, groped her and tried to remove her clothes while covering her mouth.”

Blasey Ford’s accusation was more serious, the Times pointed out, but Ramirez’s allegation proved easier to corroborate:

During his (2018) Senate testimony, Mr. Kavanaugh said that if the incident Ms. Ramirez described had occurred, it would have been “the talk of campus.” Our reporting suggests that it was.

At least seven people, including Ms. Ramirez’s mother, heard about the Yale incident long before Mr. Kavanaugh was a federal judge. Two of those people were classmates who learned of it just days after the party occurred, suggesting that it was discussed among students at the time.

We also uncovered a previously unreported story about Mr. Kavanaugh in his freshman year that echoes Ms. Ramirez’s allegation. A classmate, Max Stier, saw Mr. Kavanaugh with his pants down at a different drunken dorm party, where friends pushed his penis into the hand of a female student. Mr. Stier, who runs a nonprofit organization in Washington, notified senators and the F.B.I. about this account, but the F.B.I. did not investigate and Mr. Stier has declined to discuss it publicly. (We corroborated the story with two officials who have communicated with Mr. Stier.)

Kavanaugh denied these and other allegations at his truncated Senate confirmation hearing, and he was confirmed by the narrowest vote in more than a century. But this report reaffirms not only how the GOP greased the skids of Kavanaugh’s confirmation by preventing a full and through investigation, but also how likely it is that Kavanaugh committed perjury during that confirmation hearing:

Ms. Ramirez’s legal team gave the F.B.I. a list of at least 25 individuals who may have had corroborating evidence. But the bureau — in its supplemental background investigation — interviewed none of them, though we learned many of these potential witnesses tried in vain to reach the F.B.I. on their own.

Two F.B.I. agents interviewed Ms. Ramirez, telling her that they found her “credible.” But the Republican-controlled Senate had imposed strict limits on the investigation. “‘We have to wait to get authorization to do anything else,’” Bill Pittard, one of Ms. Ramirez’s lawyers, recalled the agents saying. “It was almost a little apologetic.”

Of course the Republicans didn’t want Kavanaugh thoroughly investigated, because here’s just a little of the damning information about him that I was able to assemble from public sources on Sept. 7, 2018:

Let us start with perjury, which has been exposed by some of the very documents from Kavanaugh’s time in the Bush 43 White House that the Trump Administration has been so reluctant to release. (Those records are public under the law, by the way.)

He has denied receiving documents stolen from the Senate Judiciary’s Democratic staff by a GOP staffer, Michael Miranda, in 2002, only to have those copies of those documents sent to him from Miranda show up in his White House email. Yet in 2004 and 2006, he denied under oath ever receiving those documents. Sen. Patrick Leahy, ranking Democratic member of the Senate Judiciary Committee, personally called him out on it.

Sen. Patrick Leahy

@SenatorLeahy

BREAKING: Kavanaugh testified he never received any docs that even “appeared to … have been drafted or prepared by Democratic staff.” Well, he got 8 pages of material taken VERBATIM from my files, obviously written by Dem staff, LABELED “not [for] distribution”.

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Kavanaugh also in 2006 denied knowing anything about President George W. Bush’s (then-illegal) warrantless domestic wiretapping program until The New York Times first reported publicly on the existence of the program in 2001. Yet among documents released this week was this email from Kavanaugh to all-around Bush Administration war criminal John Yoo on Sept. 17, 2001, discussing the program.

Also in 2006, Kavanaugh denied under oath having been involved in any White House discussions related to torture. But Sen. Dick Durbin, D-Ill., the same senator to whom Kavanaugh gave his 2006 denial, said Thursday that released documents indicate that Kavanaugh took part in such discussions at least three times.

During his own 2004 confirmation hearing, Kavanaugh denied under oath any involvement in the selection of William Pryor for the 11th U.S. Circuit Court of Appeals. Once again, the documents show otherwise: Kavanaugh helped pick Pryor and get him confirmed.

Similarly, in 2006 Kavanaugh denied under oath having been involved in the selection of Charles Pickering for a federal judgeship, only to have documents pop up more recently that say otherwise.

Kavanaugh also may have misled a lot of people about his recent $200,000 in what he said was credit-card debt. That debt disappeared pretty quickly before his nomination, and because he and his wife both work for the government and don’t make a ton of money by Washington standards, it’s not clear how that happened.

That’s not the only question about that debt, though. This Kavanaugh email seems to suggest that he was a gambler. Frankly, that sounds a lot more plausible than his original story, which is that he ran up that debt because friends had been slow to repay him for purchases of Washington Nationals season tickets on their behalf. Who fronts friends $200,000 on an annual salary of only about $174,000?

Finally, Kavanaugh’s lies about the stolen Democratic records might not just leave him exposed to perjury charges, he may face other charges as well, such as receiving stolen property. Leahy explains it in this Twitter thread.

Republicans’ responses to both the old and the new information have generally divided themselves into these categories:

Americans are tired of the mob justice based on 3rd &4th party witnesses coming out decades later, near an election. Just stop. Yeah, except for the part where Americans not tired of it in 2018 — indeed, they were so not tired of it in 2018 that they unseated 29 Republican congresscritters and seized another 14 open seats previously held by Republicans.

Are we really going to call exposure a crime now? Yeah, we are. Welcome to the 21st century. Hell, welcome to 1984, when it was also a crime.

Should we all be held accountable decades later for stupid behavior? Yes, we should! Because that’s how we stop the “stupid behavior” — the sexual assault, which isn’t just “stupid behavior,” it’s a goddamned crime.

And then there’s this: Kavanaugh was asking to be seated not just to any federal court, but to the highest court in the land. I don’t think it’s unreasonable to expect any candidate for a seat on the federal bench, and on the high court in particular, to have led a blameless life. Not “perfect,” because nobody is perfect. But blameless. There were plenty of other Republican candidates for that seat who have led demonstrably blameless lives. But it has been a particular characteristic of the Trump administration to appoint people to all sorts of federal jobs who have NOT led blameless lives — whether because Trump wants to be able to manipulate them or simply whether criminals love company, I don’t know. Nonetheless, it’s an obvious tend that needs to be called out.

#MeToo is hurting real sexual-assault victims more than it’s helping. Prove it. Read “She Said,” by Jodi Kantor and Megan Twohey. Read “Catch and Kill,” by Ronan Farrow. Educate yourself.

What about “innocent until proven guilty”? Oh, THROW me in that briar patch. Lying to Congress is a crime, whether you’re under oath (18 USC 1621) or not (18 USC 1001). So let’s do this. Let’s have a complete, full, thorough, FAIR investigation of the allegations against Brett Kavanaugh. Republicans didn’t allow that in 2018 because they knew damned well where it would lead: with Kavanaugh under indictment and likely a number of them charged as co-conspirators.

And one other thing: A Senate confirmation hearing is not criminal court. “Innocent until proven guilty” in this context, while not completely irrelevant, is not a bedrock standard. In such a hearing, U.S. senators are asked to decide — on the basis of what, more often than not, is an incomplete and perhaps even manipulated record — whether the president’s nominee is fit for office. They have to ask themselves, on the basis of incomplete information, “Based on what I know, do I believe that this individual will serve the long-term public interest?”

In point of fact, the overwhelming majority of presidential appointments subject to confirmation since 1789 have been confirmed, and the number of those appointments who were damaging, while not trivial, has been a remarkably small portion of the whole. But there is plenty of room in constitutional jurisprudence for senators who suspect malfeasance, or who simply just aren’t sure, to vote no.

Anyone who’s not comfortable passing judgment on Brett Kavanaugh for incidents that happened 35 years ago is welcome to pass judgment on Brett Kavanaugh for incidents that happened ONE year ago, when he, a grown-ass man and a candidate for the highest court in the land, lied under oath to Congress. Now, Congress could impeach him, or it could refer his case to the Justice Department for a criminal investigation because sitting SCOTUS justices, unlike sitting presidents, can be impeached. Given Attorney General William Barr’s absolute determination to treat DOJ like Donald Trump’s personal law firm, I honestly don’t know which is the best way to go. But the evidence in the public record suggests pretty strongly that Brett Kavanaugh is a perjuring sumbitch who belongs in prison.

Oh, and, hey? It suggests the same thing about Clarence Thomas. So let’s have full, fair, thorough investigations of both, while the witnesses are still alive.

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Friday, January 18, 2019 8:02 pm

Impeachment: OK, now it’s go time

Buzzfeed reports that special counsel Robert Mueller has documentary evidence that Donald Trump ordered his attorney Michael Cohen to lie to Congress. If that’s true, Trump must be impeached immediately.

Donald Trump committed his first impeachable offense on his first day in office and has continued it daily since: profiting personally from his D.C. hotel, to which his supporters here and abroad flock, in violation of the Constitution’s Emoluments Clause. He did it right out in the open, where everyone could see it, no investigation required.

And there are varying degrees of proof in the public record that he has committed other arguably impeachable offenses, too, including but not limited to suborning perjury, money laundering, sedition (if not treason), and so on.

Since May 2017, special counsel Robert Mueller has been investigating ties between Russia and the 2016 Trump presidential campaign, as well as such possibly related issues as money laundering.

Trump was able to do what he did because for the first two years of his term, Republicans controlled both houses of Congress. They would neither hold Trump accountable nor allow Democrats to do so.

That changed on Nov. 6, when Democrats scored a victory not seen since the immediate aftermath of Watergate. Incoming Democratic House committee chairs vowed that Trump would undergo oversight.

As I say, Trump has been guilty of at least one impeachable offense since Day 1. And I believe he should be impeached, on that charge and others. But up until this morning, I had been (grudgingly) content to await the results of the Mueller investigation and/or any reports from the House investigating committees before Congress started discussing that.

And there’s a reason for that: Impeachment, a remedy included in the Constitution by the Framers, is an inherently political act. Other than treason and bribery, the Constitution doesn’t say what an impeachable offense is, with the practical result that an impeachable offense is whatever a majority of the House of Representatives thinks it is. Accordingly, I thought that for any impeachment effort to have much public support, it should be based on the findings of Mueller and/or the House. After all, when Republicans outran public support for their investigation of Bill Clinton in 1998, they paid heavily for it in that year’s midterms.

That changed this morning, when I read the Buzzfeed report that Mueller has documentary evidence that Trump ordered his attorney Michael Cohen to lie under oath to Congress about when negotiations on the proposed Trump Tower Moscow ended. Indeed, Cohen wasn’t even a source for the story. Mueller obtained the documentary evidence first and then went to Cohen for confirmation, which Cohen provided.

Directing another person to commit perjury — “suborning perjury” — is a felony punishable by up to five years in prison and a fine. Not only that, Trump’s nominee for attorney general, Robert Barr, whose confirmation hearings were held this week before the Senate Judiciary Committee, testified in response to questions from both Republican and Democratic senators that for the president to suborn perjury would definitely constitute a crime. (I’m not entirely sure Barr knows what he’s getting into here, and I’m very sure he’s not up to the task and might even be compromised, but that’s a subject for another post.)

Suborning perjury was the first thing mentioned in Richard Nixon’s articles of impeachment. There should be no doubt in anyone’s mind that if in fact the Buzzfeed report is true, the House needs to be drafting articles of impeachment immediately.

Is the Buzzfeed article true? To be fair, we don’t know. It was sourced to two unnamed federal agents. The reporters said they had seen some of Mueller’s documentary evidence, but they could  not obtain and publish copies. At this writing, no other news outlet has independently confirmed the report that I know of.

On the other hand, Buzzfeed, although a new-media upstart, is a credible and professional news outlet — so credible and professional that it was a 2018 Pulitzer Prize finalist in international reporting for what the Pulitzer board called its “stunning probe across two continents that proved that operatives with apparent ties to Vladimir Putin have engaged in a targeted killing campaign against his perceived enemies on British and American soil.” And Jason Leopold, the lead reporter on the piece, is well-regarded as a “ninja” in the business for the ways in which he has used the federal Freedom of Information Act to expose government wrongdoing. (Yes, Buzzfeed catches crap for publishing listicles and other eye candy — but that’s how it pays for investigative reporting. For the record, in 25 years in newspaper I didn’t work for a single paper that didn’t pay for the investigative work with sports, comics, and horoscope, and I don’t recall anyone complaining.) So while we don’t know whether the article is accurate, I think its accuracy is far more likely than not. And if it is accurate, that gun is as smoking and hot to the touch as they come.

Adam Schiff, the California Democrat who chairs the House Permanent Select Committee on Intelligence has said that his committee will be investigating the allegation. Ideally, Mueller will share at least enough of his documentation with Schiff to provide a basis for a referral to the Judiciary Committee for impeachment. And once that happens, Judiciary needs to roll out articles of impeachment and the House needs to pull the trigger.

We are in the midst of the longest government shutdown on record, and it is 100% the responsibility of Donald Trump and the Republicans. The House has passed measures to end it. The Republican-controlled Senate even passed a spending bill 100-0 that Trump rejected after conservative propagandists Ann Coulter and Rush Limbaugh criticized it. Since then, GOP Senate leader Mitch McConnell has not allowed another Senate vote. Trump and McConnell are holding 800,000 federal employees and an untold number of private contractors hostage over Trump’s plan to build a wall on the country’s southern border — a wall that, at this writing, almost 60% of Americans say they oppose. If the shutdown continues much longer, it may well push the country into a recession.

This presidency is on fire. This country is on fire. Given what we learned today, we cannot wait any longer. The House needs to go ahead and impeach Trump for suborning perjury; the Mueller investigation and House committee investigations should continue their investigations, but we can’t afford to wait for them anymore. Impeach Trump. Now.

UPDATE: Welp, Mueller’s office is denying the Buzzfeed story, The Washington Post is reporting. So stay tuned, kids.

 

 

 

Friday, September 7, 2018 1:11 pm

Dead SCOTUS nominee walking

In any sane republic, Judge Brett Kavanaugh’s Supreme Court nomination would have been pulled by now. Not only has he clearly perjured himself, more on which in a minute, he also appears to have a gambling problem and may himself have been involved in criminal activity.

But it hasn’t been and it almost certainly won’t be. That’s because the once-noble Republican Party has degenerated completely into a continuing criminal enterprise.

Let us start with perjury, which has been exposed by some of the very documents from Kavanaugh’s time in the Bush 43 White House that the Trump Administration has been so reluctant to release. (Those records are public under the law, by the way.)

He has denied receiving documents stolen from the Senate Judiciary’s Democratic staff by a GOP staffer, Michael Miranda, in 2002, only to have those copies of those documents sent to him from Miranda show up in his White House email. Yet in 2004 and 2006, he denied under oath ever receiving those documents. Sen. Patrick Leahy, ranking Democratic member of the Senate Judiciary Committee, personally called him out on it.

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Kavanaugh also in 2006 denied knowing anything about President George W. Bush’s (then-illegal) warrantless domestic wiretapping program until The New York Times first reported publicly on the existence of the program in 2001. Yet among documents released this week was this email from Kavanaugh to all-around Bush Administration war criminal John Yoo on Sept. 17, 2001, discussing the program.

Also in 2006, Kavanaugh denied under oath having been involved in any White House discussions related to torture. But Sen. Dick Durbin, D-Ill., the same senator to whom Kavanaugh gave his 2006 denial, said Thursday that released documents indicate that Kavanaugh took part in such discussions at least three times.

During his own 2004 confirmation hearing, Kavanaugh denied under oath any involvement in the selection of William Pryor for the 11th U.S. Circuit Court of Appeals. Once again, the documents show otherwise: Kavanaugh helped pick Pryor and get him confirmed.

Similarly, in 2006 Kavanaugh denied under oath having been involved in the selection of Charles Pickering for a federal judgeship, only to have documents pop up more recently that say otherwise.

Kavanaugh also may have misled a lot of people about his recent $200,000 in what he said was credit-card debt. That debt disappeared pretty quickly before his nomination, and because he and his wife both work for the government and don’t make a ton of money by Washington standards, it’s not clear how that happened.

That’s not the only question about that debt, though. This Kavanaugh email seems to suggest that he was a gambler. Frankly, that sounds a lot more plausible than his original story, which is that he ran up that debt because friends had been slow to repay him for purchases of Washington Nationals season tickets on their behalf. Who fronts friends $200,000 on an annual salary of only about $174,000?

Finally, Kavanaugh’s lies about the stolen Democratic records might not just leave him exposed to perjury charges, he may face other charges as well, such as receiving stolen property. Leahy explains it in this Twitter thread.

Finally, keep in mind that only a small fraction of the records pertaining to Kavanaugh’s tenure in the Bush White House has been made public. Given what we’ve learned from what little we have seen so far, it’s no surprise that Republicans have fought so hard to keep the records secret. And it also would be no surprise if more damaging information about Kavanaugh came to light as more records are released, as they will be.

So why haven’t senior Republicans tried to persuade Trump to pull the nomination, that we know of? Maybe they have, but given how badly this administration leaks, if that had been the case I suspect we’d have heard about it by now.

I suspect the reason they haven’t tried is because they’re JUST FINE with Kavanaugh? Why? Because Kavanaugh, like Trump, will advance their conservative agenda if confirmed, just as he has on the D.C. Circuit. He’ll vote to ban abortion and even birth control, approve their destruction of the establishment clause of the First Amendment, approve their gerrymandering, uphold their executive orders, and on and on. Character and probity mean nothing to them. They chose Kavanaugh precisely BECAUSE, for all their professed fealty to stare decisis, he will rewrite the Constitution from the bench. Given that opportunity, they would say nothing even if he shot someone dead at high noon in the middle of Pennsylvania Avenue.

Senate Democrats already should have referred these matters to the Justice Department for a criminal investigation. But let’s not kid ourselves: Jeff Sessions, or any other Trump-appointed attorney general, won’t allow that investigation to happen.

So his nomination, which by all rights should be dead, shuffles foward until the day, not long from now, when he can begin eating the brains of a lot of stuff that makes America such a wonderful country.

And so, because Republicans hold majorities on the Senate Judiciary Committee and in the full body, Kavanaugh probably will be confirmed before the leaves even start changing. But if the Democrats retake at least one house of Congress in November, Kavanaugh could be facing impeachment before midwinter. He probably wouldn’t be convicted – Republicans would need only 34 Senate votes to keep him in office, but he’d be permanently tarred. And that, in this era of diminished expectations, might be the best we can hope for.

So, to sum up: Not only has Kavanaugh lied under oath to the Senate at least five times, not only does his own email suggest he has a gambling problem, but Sen. Patrick Leahy also caught him lying about his involvement in the Republican effort to benefit from Russian interference in the 2016 election – the very investigation of which will come before him if he’s confirmed to the Supreme Court and which might well come before him on the D.C. Circuit even if he isn’t. This nomination is fatally flawed and should be pulled. If it isn’t, Sens. Richard Burr and Thom Tillis should vote against it. But it won’t be, and they won’t, because the GOP is nothing anymore but a continuing criminal enterprise.

***

UPDATE, 9/8: My longtime friend Rob Campany writes on Facebook:

Bill Burck, the lawyer who has been deciding which of these documents about Kavanaugh are released to the committee and of those which documents the public is allowed to see, currently represents former White House chief of staff Reince Priebus, former White House adviser Steve Bannon and the current White House counsel Don McGahn, specifically in the Russia matter, along with at least three other current or former Trump staffers.

He’s representing like six people in the Russia investigation and he`s deciding what we’re allowed to know about the nominee who appears to have been picked probably because of the Russian investigation.

It’s starting to feel like the Mueller investigation and the Kavanaugh nomination are not competing stories anymore. It is starting to feel like this is the same story.

Rob refers to this MSNBC story, which I encourage you to see. Not only are we on the verge of confirming a gambler and perjurer — and having a gambling issue is only one of many things that can keep you from even having a law license in most states — we may be confirming someone complicit in the Russia conspiracy.

 

Tuesday, April 17, 2012 9:23 pm

They. Just. Lie. (And how to stop them.)

I mentioned some time back about how Rachel Lee of Vote for Marriage NC flat-out lied to the Greensboro City Council when she spoke in favor of Amendment One, which voters will decide on May 8.

Now, via Southern Beale at First Draft, comes this interesting anecdote:

Economist Arthur Laffer, a leader in the private efforts to eliminate Tennessee’s inheritance tax, told a state legislative committee Monday that FedEx president, chairman and CEO Fred Smith told him last week that “he’s gettin’ out of this state” if the bill repealing the tax doesn’t pass the legislature.

Laffer, who gained fame as a supply-side advocate in the administration of former President Ronald Reagan, moved a few years ago from California to Nashville, where he is chairman of Laffer Associates, a consulting firm, and Laffer Investments, an institutional investment management firm.

He made a 25-minute talk to the House-Senate Fiscal Review Committee Monday in support of legislation that phases out Tennessee’s inheritance and estate taxes by 2016.

Laffer has been a world-class bullshitter for more than 30 years. He lied about the “benefits” of the Reagan tax cuts and he’s lying now.

So here’s my proposal: Everyone who speaks before an elected body, in any capacity, has to be put under oath that he or she will tell the truth, the whole truth and nothing but the truth, on pain of five years in prison for perjury. And then start locking some liars up.

It won’t fix everything that ails our politics, Lord knows. But it will end some of the most egregious abuses and provide some salutary examples of what happens when you try to screw your fellow citizens and the system of government our ancestors died to create and defend.

 

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