The Commentariat -- October 7, 2018
Late Morning Update:
Mary Papenfuss of the Huffington Post: "... Donald Trump said Saturday he's 'a hundred percent' certain that Christine Blasey Ford named the wrong person when she said Brett Kavanaugh sexually assaulted her, he told reporters on Air Force One. He also called Kavanaugh, who was sworn in as a Supreme Court justice today after being confirmed in a 50-48 Senate vote, 'squeaky clean.' Beyond the sexual assault accusation, a number of his Yale classmates have said Kavanaugh lied under oath about his drinking habits.... Trump also insisted women were 'extremely happy' about Kavanaugh's confirmation because they're apparently relieved the men in their lives are less likely now to be accused of sexual assault. 'Women were outraged at what happened to Brett Kavanaugh,' he added, according to pool reports." ...
... Christal Hayes of USA Today: "Hours after his Supreme Court pick was sworn in Saturday..., Donald Trump said on Fox News that those who made up 'false' stories about Brett Kavanaugh should be penalized. Trump, talking with Fox News' Jeanine Pirro, said he hated watching the slew of sexual assault allegations grow against Kavanaugh and dubbed all the accusations 'fabrications' with 'not a bit of truth.' 'I think that they should be held liable,' Trump told Pirro. 'You can't go around and whether it's making up stories or making false statement about such an important position, you can't do that. You can destroy somebody's life.'"
*****
Nasty, Lying, Unhinged Violent Would-be Rapist Drunk to Join Supreme Court. Sheryl Stolberg of the New York Times: "A deeply divided Senate voted on Saturday to confirm Judge Brett M. Kavanaugh to the Supreme Court, delivering a victory to President Trump and ending a rancorous Washington battle that began as a debate over ideology and jurisprudence and concluded with questions of sexual misconduct. The vote, 50 to 48, was interrupted repeatedly by protesters, with the Capitol Police dragging screaming demonstrators out of the gallery as the senators sat somberly at their wooden desks in the chamber below.... The final tally fell almost entirely along party lines, with Senator Lisa Murkowski of Alaska -- the lone Republican to break with her party -- recorded as 'present' instead of 'no' as a gesture to a colleague, Senator Steve Daines of Montana, who was attending his daughter's wedding and would have voted 'yes.' Senator Joe Manchin III of West Virginia was the lone Democrat to support Judge Kavanaugh." (Also linked yesterday afternoon.) ...
... Update: Powerful Old White Men Fall All Over Themselves to Sign up Nasty, Lying, Unhinged Violent Would-be Rapist Drunk. "[Kavanaugh] was promptly sworn in by both Chief Justice John G. Roberts Jr. and the retired Justice Anthony M. Kennedy -- the court's longtime swing vote, whom he will replace -- in a private ceremony." ...
... Philip Rucker of the Washington Post: "President Trump predicted Saturday that Sen. Lisa Murkowski (R-Alaska) 'will never recover' politically for her vote against Supreme Court nominee Brett M. Kavanaugh as he celebrated his nominee's ascension following an extraordinarily brutal confirmation process.... 'I think she will never recover from this,' Trump said. 'I think the people from Alaska will never forgive her for what she did.'... He singled out Sen. Susan Collins (R-Maine) for praise.... 'I think what Susan Collins did for herself was incredibly positive,' Trump said. 'It showed her to be an honorable, incredible woman. I think she's got a level of respect that's unbelievable. I really mean it.' Trump called The Post from the White House residence on Saturday afternoon, shortly before the Senate held its final vote and before he jetted to Kansas for an evening campaign rally, where he was looking to take a victory lap." ...
... Mrs. McCrabbie: As Trump likes to say when he has no idea what he's talking about, "We'll see." His point of course is that there's a price to pay for integrity. ...
... Speaking of "We'll See." Chas Danner of New York: "[R]egarding the political cost the GOP may have to pay for its pushing of Kavanaugh and its self-serving dismissal of the allegations against him, [Mitch] McConnell brushed off the outrage, insisting that 'these things always blow over.' He's also happy that Kavanaugh, who he has called a 'political gift,' came out on top because it demonstrated GOP resolve and, in his mind, cleared Kavanaugh of any wrongdoing.... McConnell seems to see himself as both the hero, and a victim, in this story. His victimhood is at the hands of the women who spoke up and confronted members of Congress, and on behalf of his fellow Republicans, including Kavanaugh. His heroism is a result of his willingness to do anything to grab and hold onto power in service of his ultraconservative cause.... Indeed, with his dream achieved on Saturday, McConnell admitted that his whole stated premise for blocking [Merrick] Garland -- that it was, as he once said, 'about a principle, not a person' -- was bullshit, unless the right to take over the judicial branch by any means necessary was the principle. Asked if he would commit to not confirming a Trump nominee to the Supreme Court if another vacancy happened in 2020, McConnell replied: 'We'll see what it looks like in 2020. First, do we have a vacancy. Second, who is in charge of the Senate.'" --s ...
... Terry Schwadron of DC Report: "Once again, the lesson is being rammed home: We care only about winning even if it means trampling personal reputations.... [W]e ought to be yet more concerned about what is passing as reasonable behavior by our public officials.... Though Kavanaugh's Republican advocates suggest unfounded, personal allegations against the judge are out of control, he's actually a public figure.... It seems to me to be quite another thing for Trump and Senate Republicans to level their rhetorical guns on private citizens, particularly women who have nothing to gain and lots to lose by stepping up to say that they were subject to private, bad behavior, however long ago.... Rather than Trump himself, Mitch McConnell turns out to be the heavy, the bully, in this story." --s ...
... ** Chief Justice Part of Kavanaugh Conspiracy. Carol Leonnig, et al., of the Washington Post: "Chief Justice John G. Roberts Jr. has received more than a dozen judicial misconduct complaints against ... Brett M. Kavanaugh in recent weeks but has chosen for the time being not to refer them to a judicial panel for investigation. A judge on the U.S. Court of Appeals for the D.C. Circuit -- the court on which Kavanaugh serves -- sent a string of complaints to Roberts starting three weeks ago, according to four people familiar with the matter. That judge, Karen LeCraft Henderson, had dismissed other complaints against Kavanaugh as frivolous, but she concluded that some were substantive enough that they should not be handled by Kavanaugh's fellow judges in the D.C. Circuit. In a statement Saturday, Henderson acknowledged the complaints and said they centered on statements Kavanaugh made during his Senate confirmation hearings.... The situation is highly unusual.... Never before has a Supreme Court nominee been poised to join the court while a fellow judge recommends that a series of misconduct claims against that nominee warrant review. Roberts/s decision not to immediately refer the cases to another appeals court has caused some concern in the legal community. If Kavanaugh is confirmed, legal experts say, the details of the misconduct complaints against him may not become public and instead will be dismissed. Supreme Court justices are not subject to the misconduct rules governing these claims." (Also linked yesterday.) ...
... Zoe Tillman of BuzzFeed News: "Chief Judge Merrick Garland disqualified himself from handling ethics complaints against ... Brett Kavanaugh, the US Court of Appeals for the DC Circuit announced Saturday morning. The statement did not explain why Garland ... had decided to step aside, or provide an update on the status of the complaints. Multiple ethics complaints have been filed against Kavanaugh in his current court, the US Court of Appeals for the DC Circuit, about his testimony in recent weeks in the US Senate and his response to allegations of sexual misconduct. The chief judge of the circuit normally handles ethics cases, but they have discretion to step aside if they conclude 'circumstances warrant disqualification,' under the federal judiciary's rules. If the chief judge is disqualified, the complaint falls to the next most senior judge of the court, in this case Judge Karen LeCraft Henderson, who issued Saturday's statement.... 'The complaints do not pertain to any conduct in which Judge Kavanaugh engaged as a judge. The complaints seek investigations only of the public statements he has made as a nominee to the Supreme Court of the United States[, Henderson said in her statement.]" (Also linked yesterday afternoon.) ...
... Justin Wise of the Hill: "Supreme Court Justice Elena Kagan said Friday she fears the high court may lack a justice going forward who would serve as a swing vote on cases, speaking hours after ... Brett Kavanaugh secured enough votes to be confirmed. Kagan said at a conference for women at Princeton University that over the past three decades, starting with Justice Sandra Day O'Connor and continuing with Justice Anthony Kennedy, that there was a figure on the bench 'who found the center or people couldn't predict in that sort of way.' 'It's not so clear, that I think going forward, that sort of middle position -- it's not so clear whether we'll have it,' Kagan said."(Also linked yesterday afternoon.) ...
... John Bresnahan of Politico: "After weeks of backroom deals, dramatic hearings and rage-filled protests that pitted the #MeToo movement against ... Donald Trump, Supreme Court nominee Brett Kavanaugh is on track to be confirmed by the Senate on Saturday by the narrowest of margins. The vote, scheduled for late Saturday afternoon, is expected to be anticlimactic after the Senate soap opera that has come before." (Also linked yesterday afternoon.) ...
... John Wagner & Seung Min Kim of the Washington Post: "The Senate was poised to confirm Judge Brett M. Kavanaugh as the next Supreme Court justice Saturday afternoon by one of the narrowest margins in the institution's history, capping off a brutal confirmation fight that underscored how deeply polarized the nation has become under President Trump. After the remaining votes fell into place on Friday, Democrats, in a show of defiance, spent all night making impassioned floor speeches against the nomination and continued into Saturday morning. They voiced fears about how Kavanaugh would rule on an array of issues, including abortion rights and executive power, and highlighted the allegations of decades-old sexual assault that roiled his confirmation process for the past three weeks." (Also linked yesterday.) ...
... Michael Scherer & Robert Costa of the Washington Post: "Now-Justice Kavanaugh was narrowly confirmed Saturday by the Senate, 50-48, in a vote that tracked expectations from the summer, with only one Democrat and one Republican defecting from the party line. But few of the players emerged from the process unchanged or unblemished, underscoring the uncharted territory of deepening distrust and polarization that now defines the American system. The events further distanced the Senate Judiciary Committee from its nearly forgotten bipartisan traditions and raised new questions about the potential for the Supreme Court to maintain an independent authority outside the maelstrom of politics." Mrs. McC: Both of these reporters are conservatives, but their piece is worth reading to get a perspective on what Republicans/Fox "News" think about their "victory." ...
... BUT Dylan Scott of Vox has perhaps a more accurate read: "This is the governing ideology of the Republican Party: We don't care what anybody else thinks. We have the power. We have the will. We have the votes. We'll do what we want. In politics, there's winning the argument, and there's winning the vote. Republicans lost the argument, but they ultimately had the votes.... Republicans ... have no evidence to support their claims that [Christine Blasey] Ford might have been assaulted some other time, in some other place, by some other person. Yet they kept making them, ignoring any questions about Kavanaugh's own honesty and clinging to an ill-defined standard of additional corroboration for an alleged assault that took place nearly 40 years ago. And Democratic Sen. Joe Manchin took the same position. But that was typical of the GOP's argument. Whatever rhetorical contortions were necessary, whatever procedural formalities must be endured, whatever must be done to put Brett Kavanaugh on the Supreme Court would be done." ...
... AND Republicans Don't Give Two F@#ks about Your Democracy. Steve M.: "Republicans have demonstrated that they see public confidence in institutions as an expendable luxury. Americans will now lose confidence in the Supreme Court as they've lost confidence in Congress, the presidency, and our electoral system. Republicans don't care. They control all these institutions, which do what they want done. That's all that matters to them. What's the approval rating of Congress? It's 19%, according to Gallup. Gallup polls this question monthly, and the number has been 20% or less every month since Republicans took over the House in January 2011.... Republicans elected a president who dishonors the presidency at every opportunity. So what? He's signing the bills they want and appointing the judges they want. So we should all stop saying that institutions are being damaged as if we expect anyone in power to care. The people who run the government have calculated that respected institutions simply aren't necessary. And that's working out just fine for them." --s ...
... Mrs. McCrabbie: Republicans ignored Brett's lies & his insane rant & based their excuse for confirming him on one of two legal standards: "beyond a reasonable doubt" -- the criminal standard -- or "preponderance of the evidence" -- the civil standard. (Trump raised the standard to no doubt at all.) So voters should apply a legal standard to them on this election day & every election day thereafter: the penalty for aiding & abetting. You & your buddy rob a bank; after you race outside with the loot, your buddy shoots the guard dead. Even though you didn't shoot anyone & never intended to do so, you are criminally liable for the murder. Under this legal standard, every Senator who voted to confirm Kavanaugh is guilty of all the crimes & bad judgment the hearings revealed. Vote 'em out & lock 'em up. ...
** Francis Wilkinson in Bloomberg: "It's worth noting ... that in a battle over whether a woman's claims against a powerful man were to be believed, the decisive event was a speech by a woman who had no expectation, or even intention, of being believed herself. Senator Susan ... Collins's speech offered a series of ostensible rationales for her vote in favor of Kavanaugh. But her rationales were reminiscent of Senate Republican leader Mitch McConnell feigning outrage over the perfidious delaying tactics of Democrats.... McConnell didn't expect his protests to be taken seriously. He was showing the Republican base, which has been conditioned by Donald Trump to savor such displays, that he could spin out an absurd falsehood in service to the cause.... The open contempt for truth -- a comic level of gas-lighting -- is the whole point.... But she anchored her speech in the vapors of Trump and McConnell's post-truth, confirming it as the lingua franca of the entire party." [Open in private window] --s
... Alexis Grenell in a New York Times op-ed: "With the exception of Senator Lisa Murkowski of Alaska, all the women in the Republican conference caved.... These women are gender traitors, to borrow a term from the dystopian TV series 'The Handmaid's Tale.' They've made standing by the patriarchy a full-time job.... The women who supported them ... we're talking about white women. The same 53 percent who put their racial privilege ahead of their second-class gender status in 2016 by voting to uphold a system that values only their whiteness, just as they have for decades.... White women benefit from patriarchy by trading on their whiteness to monopolize resources for mutual gain. In return they're placed on a pedestal to be 'cherished and revered,' as Speaker Paul D. Ryan has said about women, but all the while denied basic rights." Read on. ...
... Mrs. McCrabbie: I found Grenell's essay helpful. I've been unable to understand why any woman would vote for Trump, and Grenell has part of the answer. By the fact of their gender, white women already are second-class citizens, so they're afraid if they "elevate" people of color (of both genders) by giving them equal protection, their own status will suffer. It's a pathetic, self-defeating type of selfishness -- racism in the cause of retaining their tenuous "place" in a patriarchal hierarchy that sets them above men & women of color. This country has always been an elitist white patriarchy, and these women haven't the vision to see what in a brief period in the 1960s & '70s looked like hope for racial & gender equality. They have voluntarily enslaved themselves. ...
... Rebecca Morin of Politico: "Susan Rice on Friday appeared to toy with a possible Senate run against Susan Collins after the Maine Republican announced her support for ... Brett Kavanaugh. Rice, who served as President Barack Obama's National Security Adviser responded to a tweet calling on someone to challenge Collins. Jen Psaki, who served as Obama's communications director and is now vice president of Carnegie Endowment for International Peace, tweeted: 'who wants to run for Senate in Maine? there will be an army of supporters with you.' Eleven minutes later, Rice had a simple response. 'Me.' Rice later clarified her tweet saying she is 'not making any announcements' about a possible campaign run." (Also linked yesterday afternoon.) ...
... Kristine Phillips & Eli Rosenberg of the Washington Post: "A crowdfunding site where activists have been raising money to defeat Sen. Susan Collins in 2020 was inundated with pledges Friday afternoon, after the Maine Republican announced she would support Judge Brett M. Kavanaugh's nomination to the Supreme Court. By 3:55 p.m., the site had crashed, apparently overwhelmed. 'Senator Susan Collins has people more motivated than we've ever seen before,' Crowdpac tweeted.... The site was back online a little less than two hours later. By Saturday afternoon, the campaign that vows to support Collins's future opponent had surpassed $3.2 million -- not an insignificant amount for a political race in a state with among the smallest populations in the country (1.3 million)." ...
... That time a drunken Brett Kavanaugh smashed the cargo box of a pickup truck & refused to pay for it -- one of the many complaints lodged against Kavanaugh on the FBI's tip line. This is a WSJ story, but at the time I linked it, it was not firewalled. Mrs. McC BTW: The WSJ makes this sound like a crank trip, but the complainant provided details of Brett's behavior & his own attempt to collect from Brett, AND he had a witness to corroborate the story. (Also linked yesterday afternoon.) ...
John Harris of Politico: "The president's gleeful taunts of [Al] Franken as a quitter at a campaign rally in Minnesota Thursday night -- he folded 'like a wet rag,' Trump cackled -- were, for Democrats, a wicked preface to their ash-in-mouth defeat this weekend in the Kavanaugh nomination fight. Whether Trump knew it or not, his remarks were perfectly pitched to stoke anxieties that have haunted many top Democratic operatives for a generation: the fear that their party loses big power struggles because Republicans are simply tougher, meaner, more cynical and more ruthless than they are. A belief in one's own virtue feels good. Losing a battle that could shape the American political landscape for decades feels bad. The tension between the two left some Democrats grappling anew this weekend with the implications: Maybe they really are the Wet Rag Party." --s
Kellen Browning of McClatchy DC [Oct. 3]: "The Trump administration has repealed a safety regulation governing trains that carry large quantities of oil, sparking new fears among Washington state officials and environmental activists that devastating oil spills could be more likely. The Department of Transportation announced last week that trains carrying flammable liquids such as crude oil and ethanol would no longer be required to install electronically controlled pneumatic braking systems, an Obama-era rule instituted to decrease the chance of train derailments." --s
Benign Bribery. Jeremy Slevin & Zahra Mion of ThinkProgress: "The D.C. City Council voted this week to overturn Initiative 77, a ballot measure that would have raised the tipped minimum wage in the nation's capital to $15 an hour by 2026. The initiative itself passe by an 11-point margin in June, bolstered by support in predominantly African-American precincts. But a group of legislators led by Democratic Council Chairman Phil Mendelson quickly moved to repeal the ballot initiative, citing economic concerns and opposition from small businesses, which culminated in this week's vote.... The lawmakers behind the recent repeal ... received thousands of dollars in contributions from the restaurant industry, raising doubt about their motivation for rolling back the popular measure." --s
Way Beyond the Beltway
Tom Phillips of the Guardian: "The far-right frontrunner [Jair Bolsonaro, a 63-year-old former paratrooper notorious for his hostility to black and gay people, the environment and the left] to become the next president of Latin America's largest democracy has vowed to make Brazil great again, as election-eve polls gave him a commanding lead in what many view as the most important election in its history.... With just hours to go until 147 million Brazilians choose their next leader on Sunday, polls gave Bolsonaro a 15-point lead over his closest rival, the Workers' party (PT) candidate Fernando Haddad,.... That would not be enough to avoid a second-round showdown..., since an outright majority is required for a win.... However, Bolsonaro's ascendancy in the polls and the palpably erratic mood in Brazil is such that a first-round win is no longer considered an impossibility." --safari: Trump's America has become a disease worldwide. We haven't reckoned with the fact we're no longer a "force for good".
Martin Farrer of the Guardian: "As higher US interest rates and fears of a trade war piles pressure on economies around the world, China's central bank said on Sunday that it was cutting the reserve requirement ratios (RRRs) by 1% from 15 October to lower financing costs and spur growth in the world's second-biggest economy.... Investment growth has slowed to a record low and net exports have been a drag on growth in the first half of the year. China releases a snapshot of its services sector on Monday, which will be closely watched for signs of slower growth. The injection of cash into the economy, which will be 750bn yuan ($109.2 billion), will also boost hopes that the negative impact of higher US tariffs on Chinese exports can be eased." --s
Carlotta Gall, et al., of the New York Times: "Turkish investigators believe a well-known Saudi dissident was killed inside the Saudi consulate in Istanbul.... The critic of the Saudi government, Jamal Khashoggi, entered the consulate on Tuesday to obtain a document he needed to get married and never emerged, according to his fiancée, who had stayed outside. Waiting for him inside the consulate, according to two people with knowledge of the investigation, were Saudi agents who had recently arrived in Turkey with the intent to silence Mr. Khashoggi. It was not clear if the plan had been to bring him back to Saudi Arabia alive, and something went wrong, or if the intention was to kill him there."
News Lede
New York Times: A limousine "crash killed all 18 occupants of the limousine, including its driver, as well as two pedestrians, in an accident that left deep tire tracks in the ground and the small town of Schoharie, N.Y., reeling.... The loss of life stunned even seasoned investigators, who called it the nation's deadliest transportation accident since a 2009 plane crash near Buffalo, N.Y., killed 50 people."