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.

Wednesday, September 19, 2018 7:58 pm

“What do we owe her now?”

Filed under: Evil,Say a prayer — Lex @ 7:58 pm
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After I read this story, a deeply reported and insightful examination of a 2006 rape case that happened to a classmate of the writer, Washington Post columnist Elizabeth Bruenig, when they were in high school in Texas, I was warned by some online acquaintances not to share it (even though they admit the story is excellent) because the reporter, Elizabeth Bruenig, supposedly is extremely anti-abortion, believes misogyny is caused by demon possession, and thinks the patriarchy doesn’t exist.

That gave me pause because I generally try not to amplify the voices of people with whom I disagree on social issues. I follow Bruenig on Twitter, but I seldom see her posts and didn’t recall anything like that. So I spent a few minutes Googling this. I didn’t find conclusive information one way or the other except that Bruenig, a convert to Catholicism, opposes abortion. (In my short search I found no indication of whether she thinks abortion should be illegal).

But here’s the thing. Whether or not she holds those views is irrelevant, because if she holds these views, she very clearly kept them out of the story. Isn’t that exactly what we expect reporters to do?

She didn’t keep all her views out; she is, after all, a columnist. She obviously feels the need for expiation:

There were personal reasons, too, for my investigation. I wanted to understand why it had to be as bad as it was — why she wasn’t just doubted but hated, not simply mocked but exiled — and why it had always lingered on my conscience like an article of unfinished business, something I had meant to do but hadn’t. I wanted to look directly at the dark things that are revealed when episodes of brutality unfold and all pretense of civilization temporarily fades, and I wanted to understand them completely.

Otherwise, I thought, they could at any time pull me under. And I could watch mutely while something like this happened again.

Bruenig began work on this story three years ago. In addition to being a strong and damning piece of journalism, it also includes some insights drawn from this 2006 rape case that are frighteningly relevant in 2018. Consider:

Montaigne and Wordsworth lived near enough to the bloody indifference of nature to spare a thought for its victims. But the veneer of civility painted over modern life has paradoxically revealed a certain contempt for victims and the condition of victimhood. And perhaps, lurking in all the complaints about our putative culture of victimhood, there is something uglier than generalized contempt: a disdain for the weak.

That is absolutely true. And in recent years, driven largely though not exclusively by Republican politicians and out-of-control financiers, the “veneer of civility” has been chipping and flaking; since the ascent of Trump, it has begun falling away in chunks. Contempt for victims and disdain for the weak have become more socially acceptable; they are the stock-in-trade of many would-be iconoclasts. They think they are fighting political correctness, neither knowing nor caring that what they think of as political correctness, most people think of as just good manners.

This has always been the case for victims of sexual assault, and the way Senate Republicans are handling the credible allegation of Christine Ford against Supreme Court nominee Brett Kavanaugh shows just how incredibly little progress we have made in preventing sexual assault and caring for its victims, even in 2018.

This isn’t just evil, it also is distinctly un-American. This country has always been at its best when, whether in good circumstances like moon landings or bad circumstances like Pearl Harbor and 9/11, we realized we were all in this together. But more and more people aren’t just ignorant of the less fortunate, they are actively trying to harm them even more than they already have been harmed. That goes against every ancient teaching, sacred and secular, that above all we must give a damn about one another. I haven’t the first idea how to reverse it, but it needs to be called out, and that is only one service among many that Bruenig has provided with this article.

Sunday, September 16, 2018 4:53 pm

Anita Hill Redux

So now a woman has come forward to tell The Washington Post that Supreme Court nominee sexually assaulted and attempted to rape her when they were both in high school.

Read The Washington Post’s story. The accuser, Christine Braley Ford, comes across as credible — certainly more credible than Kavanaugh, who has committed serial perjury before the U.S. Senate.

As corroborating evidence, the accuser offers notes from a 2012 conversation involving her, her husband and a marriage counselor, which describes the incident but does not name Kavanaugh (or anyone else) as her attacker. What has the GOP to offer in response? A ham-handed effort to make us believe that they were able to round up 65 female character witnesses from Kavanaugh’s high-school years within just a few hours.

At the very least, the Senate Judiciary Committee, which is scheduled to vote Thursday on Kavanaugh’s nomination, ought to postpone the vote long enough to get any and all witnesses with relevant information under oath. But that appears unlikely to happen.

Senate Judiciary Republicans issued a statement calling the accusation “uncorroborated allegations” (despite the counselor’s notes) and criticizing the Democrats for not having brought the allegation forward sooner. Ford sent her congresswoman a letter in July, before Kavanaugh was nominated; she passed it on in July to Feinstein as a member of the Senate committee that would be vetting whomever Trump nominated. Feinstein has said she had kept the letter secret at the request of the writer, whose name had been redacted.

A lawyer close to the White House told Politico the nomination would not be withdrawn:

“No way, not even a hint of it,” the lawyer said. “If anything, it’s the opposite. If somebody can be brought down by accusations like this, then you, me, every man certainly should be worried. We can all be accused of something.”

(I imagine it doesn’t bother the White House at all that their lawyer friend is basically conceding that the building is full of rapists.)

Those of us who were around for Clarence Thomas’s nomination to the Supreme Court know how the Republicans will handle this: stonewall on the accusation and attack the accuser. The possibility that there might be something here worth getting sworn testimony on doesn’t even seem to have crossed Republicans’ minds.

If all Senate Republicans toe the party line, as looks likely, Kavaugh will be confirmed with at least 51 votes. So, in all likelihood, Ford will be smeared and Kavanaugh, despite documented perjury, will be confirmed. Two sexual assaulters will be radically reshaping laws that affect all of us, particularly women and girls. And a formerly great major political party will be demonstrating again the staggering depths of its corruption and yet more justification for its utter ouster in November and in 2020.

 

Saturday, December 9, 2017 11:48 am

The diminishing view from the moral high ground

As Democrats work to align their practices with their stated principles, they — and women — risk losing a wider war.

Time magazine has dubbed them “The Silence Breakers” and named them Person of the Year: the women (mostly) who have come forward to allege sexual harassment, or worse, on the part of powerful men, many of them quite famous.

Politics having forever been a boys’ club, it’s no surprise that the trend is affecting official Washington. What has been striking, however, has been the difference in the ways Democrats and Republicans have handled allegations against their respective members.

Democratic Rep. John Conyers, the longest-serving member in the House, was forced to resign. Sen. Al Franken, the Minnesota Democrat who some Democrats believe should be the party’s 2020 presidential nominee, was forced to resign. (More on him in a moment.) Rep. Alcee Hastings, the Florida Democrat, is alleged to have used more than $200,000 in taxpayer money to settle allegations; at this writing he has not resigned, but his situation is tenuous.

Contrast that approach with the GOP’s: Rep. Blake Farenthold, a Texas Republican, also used taxpayer money to settle allegations; he hasn’t resigned and has no plans to. (UPDATE: There are new allegations against him, too.) Roy Moore, the former Alabama Supreme Court chief justice who has been accused of sexual assault by women including one who was 14 at the time, is running for the vacant Alabama seat in the U.S. Senate with the full support of the Republican National Committee, Alabama elected officials (who are mostly Republican) and President Donald Trump, himself currently being accused of sexual harassment or assault by almost 20 women. The Republicans who control Congress have expressed zero interest in expelling Farenhold, expelling Moore if he’s elected (legally, the Senate probably cannot prevent him from being seated if he wins), or even investigating Trump.

The Democrats, having long espoused equality of the sexes, and having argued at least since the 1991 Anita Hill case that women accusers should be believed, are now having to figure out exactly how that will work in practice, lest they be credibly accused of hypocrisy. There’s no road map; it’s being drawn now as they proceed. But they do seem to be acting, or trying to act, on the belief that the party’s practices should align with its principles, however painfully.

This is a particularly acute problem in Franken’s case. The allegations against him are generally far more minor in nature than those against, say, Moore or Trump. Franken has been an ally for women in the Senate. And, again, a lot of Dems would’ve liked to see him not just stay in the Senate but also go on to win the White House. But the party, publicly led by women senators, insisted he resign. And so he said he would.

But the Republicans, having not been a party that particularly favors women’s rights, have no such worries about hypocrisy. As has been abundantly clear at least since 1995, they care not about principles, only power. Accordingly, they’ve doubled down on support for Moore, primarily to protect their tenuous Senate majority.

Think about that. One of the two major parties in this country thinks it’s just fine for a credibly accused child molester to be a U.S. Senate candidate, and to be seated if he wins. And while the press hasn’t exactly endorsed Moore — indeed, Alabama’s three largest newspapers editorialized against Moore and in favor of his Democratic opponent, Doug Jones — neither has it made enough of a stink about the GOP’s appalling lack of a moral center. And Republican voters are all for him, and not just in Alabama.

Now think about this: Suppose Moore were a Democrat, and his Republican opponent would become the 51st Republican senator — enough to, say, overturn the Affordable Care Act or some other law favored by liberals. Would the Democrats take the “Democrats uber alles!” approach? It’s inconceivable that they would (I suspect most would sit the race out, which is as good as voting for the Republican). And in the unlikely event that they did, it’s inconceivable that the news media would accept that decision with the equanimity that it seems to be accepting GOP support of Moore.

Herein lies a major dilemma for Democrats: If they do the right thing — and punishing sexual harassers and abusers is indisputably the right thing — they’ll get, at best, nominal congratulations from their base (some of whom will argue, correctly, that this course correction is happening decades too late), nominal praise from the news media, and little to no political bump.

Republicans, on the other hand, have decided that they can brazen out anything — and that therefore, they will. If anything, this is enhancing the already-strong party support from the base. Moreover, Republicans are not paying a price either in news coverage or in public esteem; the country already is deeply divided along partisan lines, so any movement would be minimal to begin with, but even so, the latest disturbing news about GOP support for a sexual predator is having little to no discernible impact on voter registration.

So from a political standpoint, what’s the benefit to Democrats of doing the right thing? It keeps the base on board, which is important, but beyond that, benefits are hard to see. And why does that matter? Because the Republicans are actively hostile to women’s rights, and only the Democrats can stop them from their current path toward banning not just abortion but also birth control, halting efforts to ensure equal pay for equal work, and many other things — yes, including stopping sexual harassment. As Slate’s Dahlia Lithwick observes:

Is [Franken going while Moore stays] the principled solution? By every metric I can think of, it’s correct. But it’s also wrong. It’s wrong because we no longer inhabit a closed ethical system, in which morality and norm preservation are their own rewards. We live in a broken and corroded system in which unilateral disarmament is going to destroy the very things we want to preserve.

To see the double standard in action, watch Mike Huckabee making the case that Roy Moore should be welcomed into the Senate because Franken has stayed. Then keep watching and realize that in the next breath, he adds that Moore has “denied the charges against him vehemently and categorically” so they must be false. Franken and Conyers are deployed by the right to say Moore should stay, and then they are dismissed as suckers for crediting their accusers.

We see this dynamic in other areas of politics, too, such as to what extent Nazis should be given the same rights as everybody else: The problem is that Nazis aren’t playing by the same rules as everyone else; they intend to use their rights to get into a position in which they can deny the rights of others. And as Supreme Court Justice Robert Jackson, who presided at the Nuremberg war-crimes trials, has famously observed, “The Constitution is not a suicide pact.”

So what can the Democrats do? I don’t think playing the game the way the Republicans do is the right call; that way, no one wins, least of all the victims of sexual harassment and assault.

Beyond that, I would argue that the party needs to make this issue a priority, by which I mean Democrats in both houses of Congress, and particularly the women senators who brought about Franken’s resignation, ought to use the rules of their respective houses to throw enough wrenches into the works to bring business to a standstill until there’s a bipartisan investigation of the allegations (including alleged the rape of a then-13-year-old girl) against Donald Trump and against Supreme Court justice Clarence Thomas for lying about his treatment of Anita Hill, and a standard procedure to follow in each house when a member is accused of sexual misconduct. If a government shutdown ensues, so be it. This matters (UPDATE: and if Vanity Fair is correct, it’s about to start mattering a whole lot more).

From where I sit, Al Franken had to resign. Yes, there’s some circumstantial evidence that the first accusation against him was by a Republican operative. But the accusations against him, though minor as these things go, were too serious, numerous and credible to ignore.

But rather than simply announcing he would resign — and even noting the irony of his resignation when Trump, accused by more people of having done worse things, remains in office — I wish Franken had said, “I will resign … right after you do, Mr. President.” That would help restore some of the moral and ethical balance now currently MIA in U.S. politics, and it would lessen the political costs and enhance the political benefits to the Democratic Party of redoubling its work on behalf of the victims of sexual misconduct, and on behalf of women generally.

Saturday, August 29, 2015 4:41 pm

Odds and ends for Aug. 29

It was easier to give in than to keep running.

This is the kind of climate-change contradiction that likely can be explained only by following the money.

Sarah Palin interviews Donald Trump: the dumber leading the dumberer.

A West Point professor, Willliam Bradford, has gone WAY off the constitutional reservation on the War on Some Terror.

So fracking, among its many other charms, can produce radioactive material. Woo-hoo!

Remind me again why anyone would or should listen to Dick Cheney.

On this, the 10th anniversary of Hurricane Katrina, Heckuva Job Brownie is quite literally the last person we need to hear from.

 

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