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The New York Times lists Emmy winners. The AP has an overview story here.

New York Times: “Hvaldimir, a beluga whale who had captured the public’s imagination since 2019 after he was spotted wearing a harness seemingly designed for a camera, was found dead on Saturday in Norway, according to a nonprofit that worked to protect the whale.... [Hvaldimir] was wearing a harness that identified it as “equipment” from St. Petersburg. There also appeared to be a camera mount. Some wondered if the whale was on a Russian reconnaissance mission. Russia has never claimed ownership of the whale. If Hvaldimir was a spy, he was an exceptionally friendly one. The whale showed signs of domestication, and was comfortable around people. He remained in busier waters than are typical for belugas....” ~~~

     ~~~ Marie: Oh, Lord, do not let Bobby Kennedy, Jr., near that carcass. ~~~

     ~~~ AP Update: “There’s no evidence that a well-known beluga whale that lived off Norway’s coast and whose harness ignited speculation it was a Russian spy was shot to death last month as claimed by animal rights groups, Norwegian police said Monday.... Police said that the Norwegian Veterinary Institute conducted a preliminary autopsy on the animal, which was become known as 'Hvaldimir,' combining the Norwegian word for whale — hval — and the first name of Russian President Vladimir Putin. 'There are no findings from the autopsy that indicate that Hvaldimir has been shot,' police said in a statement.”

New York Times: Botswana's “President Mokgweetsi Masisi grinned as he lifted the diamond, a 2,492-carat stone that is the biggest diamond unearthed in more than a century and the second-largest ever found, according to the Vancouver-based mining operator Lucara, which owns the mine where it was found. This exceptional discovery could bring back the luster of the natural diamond mining industry, mining companies and experts say. The diamond was discovered in the same relatively small mine in northeastern Botswana that has produced several of the largest such stones in living memory. Such gemstones typically surface as a result of volcanic activity.... The diamond will likely sell in the range of tens of millions of dollars....”

Click on photo to enlarge.

~~~ Guardian: "On a distant reef 16,000km from Paris, surfer Gabriel Medina has given Olympic viewers one of the most memorable images of the Games yet, with an airborne celebration so well poised it looked too good to be true. The Brazilian took off a thundering wave at Teahupo’o in Tahiti on Monday, emerging from a barrelling section before soaring into the air and appearing to settle on a Pacific cloud, pointing to the sky with biblical serenity, his movements mirrored precisely by his surfboard. The shot was taken by Agence France-Presse photographer Jérôme Brouillet, who said “the conditions were perfect, the waves were taller than we expected”. He took the photo while aboard a boat nearby, capturing the surreal image with such accuracy that at first some suspected Photoshop or AI." 

Washington Post: “'Mary Cassatt at Work' is a large and mostly satisfying exhibition devoted to the career of the great American artist beloved for her sensitive and often sentimental views of family life. The 'at work' in the title of the Philadelphia Museum of Art show references the curators’ interest in Cassatt’s pioneering effort to establish herself as a professional artist within a male-dominated field. Throughout the show, which includes some 130 paintings, pastels, prints and drawings, the wall text and the art on view stresses Cassatt’s fixation on art as a career rather than a pastime.... Mary Cassatt at Work is on view at the Philadelphia Museum of Art through Sept. 8. philamuseum.org

New York Times: “Bob Newhart, who died on Thursday at the age of 94, has been such a beloved giant of popular culture for so long that it’s easy to forget how unlikely it was that he became one of the founding fathers of stand-up comedy. Before basically inventing the hit stand-up special, with the 1960 Grammy-winning album 'The Button-Down Mind of Bob Newhart' — that doesn’t even count his pay-per-view event broadcast on Canadian television that some cite as the first filmed special — he was a soft-spoken accountant who had never done a set in a nightclub. That he made a classic with so little preparation is one of the great miracles in the history of comedy.... Bob Newhart holds up. In fact, it’s hard to think of a stand-up from that era who is a better argument against the commonplace idea that comedy does not age well.”

Washington Post: “An early Titian masterpiece — once looted by Napolean’s troops and a part of royal collections for centuries — caused a stir when it was stolen from the home of a British marquess in 1995. Seven years later, it was found inside an unassuming white and blue plastic bag at a bus stop in southwest London by an art detective, and returned. This week, the oil painting 'The Rest on the Flight into Egypt' sold for more than $22 million at Christie’s. It was a record for the Renaissance artist, whom museums describe as the greatest painter of 16th-century Venice. Ahead of the sale in April, the auction house billed it as 'the most important work by Titian to come to the auction market in more than a generation.'”

Washington Post: The Folger Shakespeare Library in Washington, D.C., which houses the world's largest collection of Shakespeare material, has undergone a major renovation. "The change to the building is pervasive, both subtle and transformational."

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Constant Comments

A nation of sheep will beget a government of wolves. -- Edward R. Murrow

Publisher & Editor: Marie Burns


Sunday
Sep302018

The Commentariat -- October 1, 2018

Late Morning/Afternoon Update:

** Peter Baker & Michael Schmidt of the New York Times: "The White House has authorized the F.B.I. to expand its abbreviated investigation into sexual misconduct allegations against Judge Brett M. Kavanaugh by interviewing anyone it deems necessary as long the review is finished by the end of the week, two people briefed on the matter said on Monday. The new directive came in the past 24 hours after a backlash from Democrats, who criticized the White House for limiting the scope of the bureau's investigation.... The F.B.I. has already completed interviews with the four witnesses its agents were originally asked to talk to, the people said.... 'The F.B.I. should interview anybody that they want within reason, but you have to say within reason,' Mr. Trump told reporters in the Rose Garden after an event celebrating a new trade deal with Canada and Mexico. 'But they should also be guided, and I'm being guided, by what the senators are looking for.'" ...

To be a good judge and a good umpire, it's important to have the proper demeanor. Really important, I think. To walk in the others' shoes, whether it be the other litigants, the litigants in the case, the other judges. To understand them. To keep our emotions in check. To be calm amidst the storm. On the bench, to put it in the vernacular, don't be a jerk.... In your opinions, to demonstrate civility -- I think that's important as well. To show, to help display, that you are trying to make the decision impartially and dispassionately based on the law and not based on your emotions.... There's a danger of arrogance, as for umpires and referees, but also for judges. And I would say that danger grows the more time you're on the bench. As one of my colleagues puts it, you become more like yourself -- and that can be a problem. -- Federal Judge, speech in 2015 ...

Wow, too bad Brett Kavanaugh never considered anything like that. Somebody should have shared that advice with him before he went in front of the Senate Judiciary Committee &, even in prepared remarks, had a big, wacky, whiney, rude, partisan, sobbing, shouting temper tantrum. -- Mrs. Bea McCrabbie

The Secretary is Out. Tanya Snyder, et al., of Politico: "Transportation Secretary Elaine Chao's day-to-day calendars are filled with large swaths of time blocked out as 'private,' according to Politico's analysis of newly released records -- a pattern that several former DOT officials called unusual. In total, Chao clocked more than 290 hours of appointments labeled private -- the equivalent of about seven weeks' vacation -- during her first 14 months in ... Donald Trump's Cabinet, based on a review of documents provided under the Freedom of Information Act. That total does not include any private hours that occurred on nights, weekends, days marked as vacation or federal holidays. Mrs. McC: Chao has job security as long as her husband Mitch does.

Alan Rappeport of the New York Times: "President Trump hailed a revised North American Free Trade Agreement as a victory for the United States, Canada and Mexico on Monday, saying his get-tough approach to trade, including his use of tariffs, was bringing results. 'This landmark agreement will send cash and jobs pouring into the United States and into North America,' Mr. Trump said in remarks at the White House. 'Good for Canada, good for Mexico.' Mr. Trump portrayed the new agreement as the fulfillment of a campaign promise to terminate Nafta, saying he had made good on his plan to rip up 'the worst trade deal ever made' and help American businesses and workers."

Heather Long of the Washington Post has a rundown of what's in the "new NAFTA." BTW, Trump has named the deal "USMCA." Rolls right off the tongue, doesn't it?

Megan Keller of the Hill: "Sen. Jeff Flake (R-Ariz.) said Sunday that there's 'not a chance' he would have called for an FBI investigation into the allegations of sexual misconduct against Supreme Court nominee Brett Kavanaugh if he were running for reelection. 'Not a chance,' Flake said when asked on CBS's '60 Minutes' if he would have asked for the investigation if he were up for reelection in the November midterms. 'There's no value to reaching across the aisle,' Flake said. 'There's no currency for that anymore. There's no incentive.'" ...

     ... Mrs. McCrabbie: This is disingenuous. The fake Flake "investigation," unless the FBI ignores the White House's constrictions, does nothing but provide a cover for Senators -- like Flake -- who want to vote for Kavanaugh but find it politically expedient to pretend they've fulfilled their Constitutional responsibility to vet the candidate. What Flake is saying, too, is that a Republican running for re-election would be committing political suicide to fulfill that duty. This is an admission that Republican legislators have no intention of doing their jobs, at least during any period in which they may run for office again. ...

... Harry Litman, in a New York Times op-ed: "... by Sunday the Democrats were dismissing the investigation as a farce -- and rightly so. Thanks to the White House and Senate Republicans, not only is the F.B.I limited to a weeklong investigation -- a constraint the former F.B.I. director James Comey called 'idiotic' in these pages -- but, far more important, the bureau is seriously limited in terms of who it is allowed to interview.... The Times has reported that Senate Republicans identified a list of just four witnesses.... Such constraints are very unusual, if not unprecedented for such an investigation.... The nucleus of agents' work in a background investigation is to pursue leads and widen the circle of witnesses.... The fact that witnesses do not know the universe of others that the bureau will be talking to serves as a kind of truth serum: They are deterred from lying by the prospect that they could be contradicted by another unknown witness."

*****

Alan Rappeport of the New York Times: "The United States and Canada have reached a last minute deal to salvage the North American Free Trade Agreement, according to people familiar with the negotiations, overcoming deep divisions to keep the 25-year-old trilateral pact intact. The deal came after a weekend of frantic talks to try and preserve a trade agreement that has stitched together the economies of Mexico, Canada and the United States but that was in danger of collapsing amid deep divisions between President Trump and Canadian Prime Minister Justin Trudeau. The 11th-hour agreement was punctuated by a frenetic Sunday, with Canada's leaders teleconferencing throughout the day with top American officials in Washington. Mr. Trudeau convened a 10 p.m. cabinet meeting in Ottawa to brief officials on the deal, as Jared Kushner, one of Mr. Trump's closest advisers, and Robert E. Lighthizer, the president's top trade negotiator, hashed out the final details. Mexico's under secretary of foreign trade, Juan Carlos Baker, was expected to present the texts of the agreement to the Mexican senate just before midnight. Text of the agreement was expected to be presented to Congress as early as Sunday evening. The deal represents a win for President Trump...."

"I'm starting to think that men might be too emotional for the Supreme Court." ...

It Depends on What the Meaning of "Limits" Is. Mike DeBonis of the Washington Post: "The White House has not placed any limits on the FBI investigation into claims of sexual assault leveled against ... Brett M. Kavanaugh but is also opposed an open-ended 'fishing expedition' that could take a broader look at Kavanaugh's credibility, two Trump administration officials said Sunday.... [Sarah] Sanders said on 'Fox News Sunday' that the White House is 'not micromanaging this process' but also said an open-ended probe into [Julie] Swetnick's claims and whether Kavanaugh may have misled lawmakers in his Senate Judiciary Committee testimony would not be acceptable.... The order to the FBI was signed by Trump but has not been made public, while the White House has sought to lay responsibility for the details on the Senate." Emphasis added. (Also linked yesterday afternoon.) ...

     ... Mrs. McCrabbie: These remarks get this week's Doublespeak Award. Both of these things cannot be true: (1) there are no limits; (2) certain lines of inquiry "would not be acceptable." The whole purpose of Flake's demand for an "investigation" was to give him & other senators cover for putting a lying, unbalanced, (alleged) violent sex offender on the Supreme Court. ...

... Ken Dilanian, et al., of NBC News: "The FBI has received no new instructions from the White House about how to proceed with its weeklong investigation of sexual misconduct allegations against ... Brett Kavanaugh, a senior U.S. official and another source familiar with the matter tell NBC News. According to the sources, the president's Saturday night tweet saying he wants the FBI to interview whoever agents deem appropriate has not changed the limits imposed by the White House counsel's office on the FBI investigation -- including a specific witness list that does not include Julie Swetnick, who has accused Kavanaugh of sexual misconduct in high school. Also not on the list, the sources say, are former classmates who have contradicted Kavanaugh's account of his college alcohol consumption, instead describing him as a frequent, heavy drinker. The FBI is also not authorized to interview high school classmates who could shed light on what some people have called untruths in Kavanaugh's Senate Judiciary Committee testimony about alleged sexual references in his high school yearbook." ...

... Here's How That's Working Out. Jane Mayer & Ronan Farrow of the New Yorker: "As the F.B.I. began its investigation this weekend into allegations of sexual misconduct by Brett Kavanaugh..., several people who hope to contribute information about him to the F.B.I. said that they were unable to make contact with agents.... Roberta Kaplan, an attorney representing one potential witness, Elizabeth Rasor, a former girlfriend of Kavanaugh's high-school friend Mark Judge, said her client 'has repeatedly made clear to the Senate Judiciary Committee and to the F.B.I. that she would like the opportunity to speak to them.' But, Kaplan said, 'We've received no substantive response.'... Debra Katz, the lead attorney for [Christine Blasey] Ford, said that her client, too, had been willing to coöperate with the F.B.I.'s investigation, but as of Sunday the F.B.I. had not contacted her, despite Ford's central role in the controversy.... A Yale classmate attempting to corroborate Deborah Ramirez's account ... said that he, too, has struggled unsuccessfully to reach the F.B.I.... Leah Litman, an assistant professor of law at the University of California, Irvine, said the severe restrictions on the scope of the investigation made it 'a joke.' She asked, 'What kind of an investigation into an assault that happened under the influence of alcohol doesn't include investigating the accused's use of alcohol?'" ...

... Michael Shear & Robin Pogrebin of the New York Times: "A Yale classmate of Judge Brett M. Kavanaugh's accused him on Sunday of a 'blatant mischaracterization' of his drinking while in college, saying that he often saw Judge Kavanaugh 'staggering from alcohol consumption.' The classmate, Chad Ludington, who said he frequently socialized with Judge Kavanaugh as a student, said in a statement that the judge had been untruthful in testimony to the Senate Judiciary Committee when he had denied any possibility that he had ever blacked out from drinking. Mr. Ludington said that Judge Kavanaugh had played down 'the degree and frequency' of his drinking, and that the judge had often become 'belligerent and aggressive' while intoxicated. Other former classmates have made similar claims.... Mr. Ludington said ... that he planned to 'take my information to the F.B.I.'" ...

     ... The story has been updated. New Lede: "The F.B.I. moved on Sunday to quickly complete an abbreviated investigation into allegations of sexual misconduct against Judge Brett M. Kavanaugh, even as Democrats demanded more information about the inquiry's scope, warning that its apparent constraints could make it a 'farce.'" Mrs. McC: I guess so: "Officials said the F.B.I.'s 'limited' supplemental background check of Judge Kavanaugh could be finished by Monday morning.... The F.B.I. was directed by the White House and Senate Republicans to interview just four people: Mark Judge..., P.J. Smyth..., Leland Keyser ...; and Deborah Ramirez...." ...

     ... Here is Chad Ludington's full statement, via the New York Times. Mrs. McC: Needless to say, repeating "I like beer" 10 times doesn't cover it. Kavanaugh should not be allowed to judge the neighborhood kids' dogs-in-costumes show. AND you know how he whined he'd never be able to coach girls' basketball again thanks to the Clinton cabal? Well, I hope not. I wouldn't allow my young daughter anywhere near the guy. ...

... Mihir Zavari of the New York Times: "Kellyanne Conway, an adviser to President Trump, said on Sunday that she was a victim of sexual assault and that the Supreme Court confirmation proceedings of Judge Brett M. Kavanaugh should not become a broader 'meeting' of the #MeToo movement, suggesting instead that victims hold their assailants directly accountable. Ms. Conway made the personal revelation during an interview with Jake Tapper on the CNN program 'State of the Union' during which she largely derided the 'partisan politics' of Judge Kavanaugh's hearing on Thursday." ...

... Kris Schneider of ABC News: "The leading Democrat on the House Judiciary Committee said that if Brett Kavanaugh is confirmed as a Supreme Court justice, 'the House will have to investigate' allegations of sexual assault and perjury if the Senate doesn't 'properly' do so through this week's limited FBI probe. Rep. Jerrold Nadler, D-N.Y., told ABC News Chief Anchor George Stephanopoulos on 'This Week' Sunday, 'We can't have a justice on the Supreme Court ... who has been credibly accused of sexual assaults, who has been credibly accused of various other things ... including perjury.'... 'I was astonished at his -- at his rant,' Nadler said. 'He's a judge; he's a sitting circuit court judge. He's supposed to be nonpartisan.'" ...

... Mrs. McCrabbie: Don't be silly, Jerry. The Senate is knocking itself out on some aspects of the Kavanaugh "investigation":

     ... Jacqueline Klimas of Politico: "Sen. Dianne Feinstein's office will be investigated to determine whether it leaked a confidential letter from one of Brett Kavanaugh's accusers, Sen. Tom Cotton said Sunday. Cotton, an Arkansas Republican, also said lawyers recommended to Christine Blasey Ford by Democrats will face a Washington, D.C., bar investigation for telling her that Senate Judiciary Committee staffers would not travel to California to interview her about her sexual-assault allegation." ...

     ... AND Naomi Lim of the Washington Examiner: "Sen. Lindsey Graham, R-S.C., vowed Sunday to launch a thorough inquiry into Democrats on the Senate Judiciary Committee to find out whether there was any wrongdoing in how they managed the sexual misconduct allegation Christine Blasey Ford leveled at ... Brett Kavanaugh. 'We're going to do a wholesale, full scale investigation of what I think was a despicable process to deter it from happening again,' Graham said during an interview on ABC News' 'This Week.'... Ryan Grim, the journalist from the Intercept who first reported on the letter, said on Twitter last week that he did not receive it from [Sen. Dianne] Feinstein's staff." ...

... James Comey in a New York Times op-ed: "Although the process is deeply flawed, and apparently designed to thwart the fact-gathering process, the F.B.I. is up for this. It's not as hard as Republicans hope it will be.... Unless limited in some way by the Trump administration, they can speak to scores of people in a few days, if necessary.... Agents have much better nonsense detectors than partisans, because they aren't starting with a conclusion.... They know that obvious lies by the nominee about the meaning of words in a yearbook are a flashing signal to dig deeper." (Also linked yesterday afternoon.) ...

... Colin Kalmbacher of Law & Crime: "Alumni from Georgetown Prep are calling on their fellow graduates of the elite preparatory school to come forward with information about Brett Kavanaugh if they have it. The self-described 'call to action' comes in light of the FBI's re-opened background investigation into the embattled Supreme Court nominee -- which is reportedly only focused on two sexual assault allegations leveled against him by Dr. Christine Blasey Ford and former Yale acquaintance Deborah Ramirez.... The letter also explicitly calls for anyone with knowledge of Kavanaugh's alleged sexual assaults to provide that information to the FBI on their own volition -- perhaps particularly relevant in light of NBC News' bombshell report that ... Donald Trump personally intervened to severely limit the scope of the FBI's inquiry into Kavanaugh." ...

... Jonathan Swan of Axios: "For the White House, it's Brett Kavanaugh or bust. They have no Plan B and there's not even discussion of one, according to five sources with direct knowledge of the sensitive internal White House talks.... 'He's too big to fail now,' said a senior source involved in the confirmation process. 'Our base, our voters, our side, people are so mad,' the source continued. 'There's nowhere to go. We're gonna make them f---ing vote. [Joe] Manchin in West Virginia, in those red states. Joe Donnelly? He said he's a no? Fine, we'll see how that goes. There will be a vote on him [Kavanaugh]. ... It will be a slugfest of a week.'" ...

... Jennifer Rubin of the Washington Post: "As he yelled at Democrats on the Senate Judiciary Committee, it was not hard to imagine that [Kavanaugh] would be less than evenhanded if they were a party in litigation. 'With his unprecedented attacks on Democrats and liberals, Kavanaugh must now likely broadly recuse himself from matters including those groups,' says ethics guru Norman Eisen. 'It may wipe out a substantial portion of his docket should he be confirmed. We have a rule of thumb in government ethics: When recusals are so broad that the nominee can't do his job, then maybe he shouldn't be confirmed to the position....'... [Laurence Tribe says,] '... Judge Kavanaugh could not credibly cast a vote or participate in any way as a Supreme Court Justice in any of the very substantial number of cases that court decides each year involving litigants, whether individuals or organizations, that Kavanaugh evidently blames for orchestrating what he sees as an outrageous attack on his integrity, his decency, and his very life as well as the life of his family.'... This is a man soaked in the Clinton wars, who delivered dozens of speeches thrilling conservative activists at the Federalist Society and now lets on that he harbors rabidly hostile views of the Democrats. It's inconceivable someone so biased, someone who vowed revenge ('What goes around, comes around,' he shouted), could be elevated to the Supreme Court. And yet, he might." ...

... Once upon a Time. Jim Fallows of the Atlantic: "By the rules of previous, pre-Trump-era politics, neither [Trump nor Kavanaugh] could possibly have made this final career step -- Trump to the presidency, Kavanaugh to the Supreme Court. Each has done things and revealed traits that would have been automatically disqualifying in the world as it existed before 2016. Donald Trump nominated Kavanaugh; Trump's example is also shaping him. By the pre-Trump rules of presidential campaigning, Trump's prospects would have come to an end numerous times along the trail[.]... In Kavanaugh's case, his afternoon before the Senate Judiciary Committee revealed three traits that previous nominees who sat in that chair have carefully avoided, because they would have been considered so damaging. They were: temperamental instability; open partisan affiliations; and a casual willingness to tell obvious, easily disprovable lies. These are apart from the underlying truth of the multiple sexual allegations about Kavanaugh, which may not ever be provable." ...

... Nathan Robinson of Current Affairs does a marvelous job of cataloging the lies Brett Kavanaugh told Thursday. " I can prove quite easily that Kavanaugh's teary-eyed 'good, innocent man indignant at being wrongfully accused' schtick was a facade. What may have looked like a strong defense was in fact a very, very weak and implausible one." This is a long piece, but it's easy to read. Many thanks to Keith H. for the link. (Also linked yesterday afternoon.) ...

... Mrs. McCrabbie: As safari pointed out in yesterday's Comments thread, there's another lie in this clip. Kavanaugh claimed under oath he did not have connections to get into Yale. In fact, he was a legacy admission. It was an unforced lie and completely irrelevant. But Kavanaugh, like many elites, particularly conservative political ones, have to believe not only that they deserve a place at the top but that they earned it. The last four Republican presidential nominees -- Trump, Romney, McCain, Bush -- were all legacies. Trump was not an elite, of course, but he got his nest egg (and probably his place at U. Penn) thanks to the old man's money.

The Children's Warehouse. Caitlin Dickerson of the New York Times: "In shelters from Kansas to New York, hundreds of migrant children have been roused in the middle of the night in recent weeks and loaded onto buses with backpacks and snacks for a cross-country journey to their new home: a barren tent city on a sprawling patch of desert in West Texas. Until now, most undocumented children being held by federal immigration authorities had been housed in private foster homes or shelters, sleeping two or three to a room. They received formal schooling and regular visits with legal representatives assigned to their immigration cases. But in the rows of sand-colored tents in Tornillo, Tex., children in groups of 20, separated by gender, sleep lined up in bunks. There is no school: The children are given workbooks that they have no obligation to complete. Access to legal services is limited.... The tent city in Tornillo ... is unregulated, except for guidelines created by the Department of Health and Human Services." (Also linked yesterday afternoon.) ...

... Lolita Baldor of the AP: "Stricter Trump administration immigration policies have stymied Pentagon plans to restart a program that allowed thousands of people with critical medical or Asian and African language skills to join the military and become American citizens, according to several U.S. officials. The decade-old program has been on hold since 2016 amid concerns that immigrant recruits were not being screened well enough, and security threats were slipping through the system. Defense officials shored up the vetting process, and planned to relaunch the program earlier this month. But there was an unexpected barrier when Homeland Security officials said they would not be able to protect new immigrant recruits from being deported when their temporary visas expired after they signed a contract to join the military, the U.S. officials said."

Coral Davenport of the New York Times: "The Trump administration has completed a detailed legal proposal to dramatically weaken a major environmental regulation covering mercury, a toxic chemical emitted from coal-burning power plants, according to a person who has seen the document but is not authorized to speak publicly about it. The proposal would not eliminate the mercury regulation entirely, but it is designed to put in place the legal justification for the Trump administration to weaken it and several other pollution rules, while setting the stage for a possible full repeal of the rule. Andrew Wheeler, a former coal lobbyist who is now the acting administrator of the Environmental Protection Agency, is expected in the coming days to send the proposal to the White House for approval."

Cristiano Lima & Jeremy White of Politico: "The Justice Department is suing California to block a recently signed law restoring net neutrality rules that the Federal Communications Commission discarded last year, setting up a high-stakes legal bout between the Trump administration and the nation's most populous state. The announcement comes immediately on the heels of Democratic California Gov. Jerry Brown's decision to sign the bill into law. Brow had until midnight on Sunday to approve the measure, which was passed by the state's legislature in August." More on California legislation below. Mrs. McC: California is becoming a country unto its own, & it's far better than the one the rest of us inhabit.

Ryan Lizza has a long piece in Esquire about Devin Nunes's family farm, which secretly moved from California to Iowa in 2006. "... the family has apparently tried to conceal the move from the public -- for more than a decade. As far as I could tell, as of late August, neither Nunes nor the local California press that covers him had ever publicly mentioned that his family dairy is no longer in Tulare[, California].... Other dairy farmers in the area helped me understand why the Nunes family might be so secretive about the farm: Midwestern dairies tend to run on undocumented labor.... In the heart of Steve King's district, a place that is more pro-Trump than almost any other patch of America, the economy is powered by workers that King and Trump have threatened to arrest and deport.... The absurdity of this situation -- funding and voting for politicians whose core promise is to implement immigration policies that would destroy their livelihoods -- has led some of the Republican-supporting dairymen to rethink their political priorities."

Annals of "Journalism," Ha Ha Ha. Oliver Darcy of CNN: "The Washington Times on Monday issued a lengthy retraction and apology for an editorial it published in March about Aaron Rich, the brother of the slain Democratic National Committee staffer Seth Rich whose unsolved murder became the basis for conspiracy theories on the far-right. 'The Column included statements about Aaron Rich, the brother of former Democratic National Committee staffer Seth Rich, that we now believe to be false,' read part of the retraction. The retraction added, 'The Washington Times apologizes to Mr. Rich and his family. All online copies of the Column have been deleted and all online content referencing the Column has been deleted to the extent within The Washington Times' control.' The retraction came as part of a settlement Aaron Rich reached with The Washington Times after he filed a lawsuit against the conservative newspaper -- and others -- in March, his attorney Michael Gottlieb told CNN. Gottlieb declined to discuss other terms of the settlement, but said that Aaron Rich had accepted the newspaper's apology.... The Washington Times' initial article, which the lawsuit said was published both online and in print, stated that it was 'well known in intelligence circles that Seth Rich and his brother, Aaron Rich, downloaded the DNC emails and was paid by Wikileaks for that information.' The article cited no evidence to support the assertion." ...

     ... Mrs. McCrabbie: Apparently the paper, besides being "conservative," is aimed at the semi-literate. "[They] was paid"???

Election 2018

Florida State-wide Races. Marc Caputo of Politico: "Puerto Rico Gov. Ricardo Rosselló is expected to endorse Sen. Bill Nelson (D.Fla.) and gubernatorial candidate Andrew Gillum on Monday in the heart of Florida's Boricua community, giving both Democrats' campaigns a potential lift with this crucial demographic. Rosselló at 10:45 a.m. will make a 'special announcement' with Nelson by his side, according to Nelson's campaign. And at 1:15 p.m., Gillum's campaign says, he'll stand beside Gillum for another press conference in Kissimmee.... [Gov. Rick] Scott[, who is challenging Nelson,] had hoped to score Rosselló's endorsement. Florida's governor has flown to Puerto Rico eight times since the hurricane and stood side by side with Rosselló." A moderate, Rosselló is the leader of Puerto Rico's New Progressive Party (and not a Democrat, as Caputo writes).

Texas Senate Race. Madlin Mekelburg of the El Paso Times: "Roughly 55,000 people stood crammed together at Auditorium Shores in Austin on Saturday for the Turn Out For Texas rally, watching as U.S. Rep. Beto O'Rourke sang 'On the Road Again' with country music legend Willie Nelson. Attendees at the free concert, which included performances from Leon Bridges and local Austin artists like Tameca Jones, waved 'Beto for Senate' signs and chanted the Democrat's name as he addressed the crowd. 'Let tonight be a message to the future,' O'Rourke, D-El Paso, said to cheers."

Beyond the Beltway

AP: "California has become the first state to require publicly traded companies to include women on their boards of directors, one of a series of laws boosting or protecting women that Gov. Jerry Brown signed Sunday. The measure requires at least one female director on the board of each California-based public corporation by the end of next year. Companies would need up to three female directors by the end of 2021, depending on the number of board seats."

Amy Wang of the Washington Post: "Track Palin, the oldest son of former Alaska governor Sarah Palin, has been arrested on domestic violence charges for the third time in about three years. Alaska State Troopers responded to a home in Wasilla around 11:30 p.m. Friday after a report of a 'disturbance,' according to the Alaska Department of Public Safety. Once there, investigators said they found that Track Palin had assaulted an unnamed 'female acquaintance.' When the woman tried to call police, Palin allegedly took her phone away to keep her from doing so. Palin physically resisted troopers while being placed under arrest, according to the Alaska DPS. The 29-year-old was charged with fourth-degree assault, interfering with the report of a domestic violence crime, resisting arrest by force and disorderly conduct, according to court records." ...

     ... Mrs. McCrabbie: Well, Track doesn't have a law degree so he might not be the best candidate for a job on the federal bench, but surely Trump can find some high government position for this now well-qualified candidate.

Curt Prendergast of the Arizona Daily Star (Sept. 28): "An off-duty Border Patrol agent was holding a gender-reveal celebration for his wife's pregnancy last year when he accidentally started a 47,000-acre wildfire, his attorney said. The incident will cost Dennis Dickey $220,000 in restitution after he pleaded guilty Friday in federal court to a misdemeanor charge of causing a fire without a permit. Nearly 800 firefighters from various agencies battled the Sawmill Fire for about a week in April 2017, at a cost of about $8.2 million. The wildfire began when Dickey shot a target that contained Tannerite, an explosive substance designed to detonate when shot by a high-velocity firearm, U.S. Forest Service Special Agent Brent Robinson wrote in an affidavit filed Sept. 20 in U.S. District Court. The explosion was caught on film by a witness. Tannerite is a legal compound that has been linked to wildfires in several other Western states." Mrs. McC: Border Patrol agents are not the brightest bulbs on the tree. Unfortunately, we authorize them to make life-and-death decisions.

Way Beyond

Christina Anderson of the New York Times: "A Swedish court on Monday found Jean-Claude Arnault, the man at the center of a scandal that led to the cancellation of this year's Nobel Prize in Literature, guilty of raping a woman in 2011. The court sentenced Mr. Arnault to two years in prison, the minimum term for rape.... Mr. Arnault, a French photographer, was long seen in Sweden as someone who could make or break a career in the arts. He and his wife, a member of the Swedish Academy, owned the Forum, a popular cultural venue that received support from the academy.... In November last year, the Swedish daily Dagens Nyheter reported that 18 women had accused Mr. Arnault of sexual assault or harassment. Many said they had been mistreated at the Forum or at academy-owned properties in Stockholm and Paris. The accusations covered a period of 20 years...."

News Lede

New York Times: The 2018 Nobel Prize in Physiology or Medicine was awarded on Monday to James P. Allison of the United States and Tasuku Honjo of Japan for their work on unleashing the immune system's ability to attack cancer, a breakthrough in developing new cancer treatments."

Saturday
Sep292018

The Commentariat -- Sept. 30, 2018

Afternoon Update:

It Depends on What the Meaning of "Limits" Is. Mike DeBonis of the Washington Post: "The White House has not placed any limits on the FBI investigation into claims of sexual assault leveled against ... Brett M. Kavanaugh but is also opposed an open-ended 'fishing expedition' that could take a broader look at Kavanaugh's credibility, two Trump administration officials said Sunday.... [Sarah] Sanders said on 'Fox News Sunday' that the White House is 'not micromanaging this process' but also said an open-ended probe into [Julie] Swetnick's claims and whether Kavanaugh may have misled lawmakers in his Senate Judiciary Committee testimony would not be acceptable.... The order to the FBI was signed by Trump but has not been made public, while the White House has sought to lay responsibility for the details on the Senate." Emphasis added. ...

     ... Mrs. McCrabbie: These remarks get this week's Doublespeak Award. Both of these things cannot be true: (1) there are no limits; (2) certain lines of inquiry "would not be acceptable."

Nathan Robinson of Current Affairs does a marvelous job of cataloging the lies Brett Kavanaugh told Thursday. "I can prove quite easily that Kavanaugh's teary-eyed 'good, innocent man indignant at being wrongfully accused' schtick was a facade. What may have looked like a strong defense was in fact a very, very weak and implausible one." This is a long piece, but it's easy to read. Many thanks to Keith H. for the link. ...

... James Comey in a New York Times op-ed: "Although the process is deeply flawed, and apparently designed to thwart the fact-gathering process, the F.B.I. is up for this. It's not as hard as Republicans hope it will be.... Unless limited in some way by the Trump administration, they can speak to scores of people in a few days, if necessary.... Agents have much better nonsense detectors than partisans, because they aren't starting with a conclusion.... They know that obvious lies by the nominee about the meaning of words in a yearbook are a flashing signal to dig deeper."

The Children's Warehouse. Caitlin Dickerson of the New York Times: "In shelters from Kansas to New York, hundreds of migrant children have been roused in the middle of the night in recent weeks and loaded onto buses with backpacks and snacks for a cross-country journey to their new home: a barren tent city on a sprawling patch of desert in West Texas. Until now, most undocumented children being held by federal immigration authorities had been housed in private foster homes or shelters, sleeping two or three to a room. They received formal schooling and regular visits with legal representatives assigned to their immigration cases. But in the rows of sand-colored tents in Tornillo, Tex., children in groups of 20, separated by gender, sleep lined up in bunks. There is no school: The children are given workbooks that they have no obligation to complete. Access to legal services is limited.... The tent city in Tornillo ... is unregulated, except for guidelines created by the Department of Health and Human Services."

*****

Shane Harris, et al., of the Washington Post: "The FBI has begun contacting people as part of an additional background investigation of Judge Brett M. Kavanaugh, including a second woman who alleges that the Supreme Court nominee sexually assaulted her. The bureau has contacted Deborah Ramirez, a Yale University classmate of Kavanaugh's who alleges that he shoved his genitals in her face at a party where she had been drinking and become disoriented, her attorney said Saturday.... The FBI also is following up on allegations by Christine Blasey Ford.... But Michael Avenatti, an attorney for Julie Swetnik, who alleged that Kavanaugh and another boy got teenage girls drunk at parties, where the girls were sexually assaulted, sometimes by groups of boys, said Saturday that Swetnik has not been contacted by the bureau.... Each of the people Ford identified as being at the gathering — [Mark] Judge, Leland Keyser and Patrick J. Smyth -- has said they will cooperate with the FBI.... A background investigation is, by its nature, more limited than a criminal probe, and FBI agents will not be able to obtain search warrants or issue subpoenas to compel testimony from potential witnesses." ...

... AND there's this from the WashPo report: "Trump said the FBI is 'all over talking to everybody.... They have free rein, they can do whatever they have to do, whatever it is that they do. They'll be doing things we have never even thought of.'"

... BUT That Was A Double Whopper with Cheese. Ken Dilanian, et al., of NBC News: "The White House is limiting the scope of the FBI's investigation into the sexual misconduct allegations against ... Brett Kavanaugh, multiple people briefed on the matter told NBC News. While the FBI will examine the allegations of Christine Blasey Ford and Deborah Ramirez, the bureau has not been permitted to investigate the claims of Julie Swetnick, who has accused Kavanaugh of engaging in sexual misconduct at parties while he was a student at Georgetown Preparatory School in the 1980s, those people familiar with the investigation told NBC News. A White House official confirmed that Swetnick's claims will not be pursued as part of the reopened background investigation into Kavanaugh.... The White House counsel's office has given the FBI a list of witnesses they are permitted to interview, according to several people.... They characterized the White House instructions as a significant constraint on the FBI investigation and caution that such a limited scope, while not unusual in normal circumstances, may make it difficult to pursue additional leads in a case in which a Supreme Court nominee has been accused of sexual assault.... White House counsel Don McGahn, who has shepherded Kavanaugh's nomination since President Trump chose him for the high court on July 9, is taking the lead for the White House in dealing with the FBI on the investigation...." ...

     ... Mrs. McCrabbie: McGahn knows where the bodies are buried. The fix is in. ...

     ... UPDATE. Michael Shear, et al., of the New York Times: "President Trump said on Saturday that the F.B.I. will have 'free rein' to investigate allegations of sexual misconduct against Judge Brett M. Kavanaugh, but the emerging contours of the inquiry showed its limited scope. Four witnesses will be questioned.... Left off the list were former classmates who have contradicted Judge Kavanaugh's congressional testimony about his drinking and partying as a student.... Presidential advisers were working in concert with Senate Republicans.... 'I want them to interview whoever they deem appropriate, at their discretion,' Mr. Trump wrote [in a tweet]. He denied an NBC News report that he was limiting the inquiry and that investigators were not permitted to examine the claims of Julie Swetnick.... Democrats, left out of the discussions that led to Mr. Trump's order, tried on Saturday to clarify the scope of the F.B.I. investigation...." ...

     ... Mrs. McCrabbie: So as I understand it, if a credible person called the FBI tipline & said, "I was at that party in 1982 where I directed Chrissie up to the bathroom, she stayed there a long time, & a while later I saw Brett & Mark come stumbling down the stairs laughing, & when I asked them what was so funny, Brett said, before passing out, 'We just did the Devil's Triangle with Squi's squeeze,'" under the parameters set by McGahn & Trump, the FBI would not be permitted to interview that witness. ...

... bmaz of emptywheel: "This was about the easiest thing in the world to predict. Jeff Flake issues some hollow self indulgent bullshit to make himself look like the last great reasonable man, and it is all garbage being run as cover for a complicit Trump White House and weak Senate Republicans (and at least one faux Democrat) desperately and cowardly seeking any fig leaf possible to allow them to put a craven, partisan, angry and drunkard historical sex offender on the United States Supreme Court for the next three to four decades."

... David Atkins in the Washington Monthly: "His hand forced by the demands of Senators Flake, Collins and Murkowksi, President Trump has authorized an FBI investigation into some details of Kavanaugh's past. Unfortunately (but not unpredictably), the White House is so delimiting the investigation as to make it a farce and a sham[.]... Also off limits are Kavanaugh's drinking habits and Mark Judge's employment records at Safeway. Both would be crucial in corroborating the accounts of both Dr. Ford and Ms. Ramirez.... And Flake, Collins and Murkowski have all the power they need to prevent the coverup." ...

     ... Mrs. McCrabbie: But they won't exercise that power. The minute the clock stops ticking, Grassley is going to announce he has received the FBI report & there's nothing new in it. The next minute, McConnell will call the vote. ...

... Steve M.: "The supposedly heroic Jeff Flake could be really heroic by threatening a no vote on Kavanaugh unless these restrictions are lifted. But he won't do that. So Democratic senators need to raise hell right now. It has to become widely known at the outset that this is a sham investigation." ...

... Scott Lemieux in LG&$: "Say one thing about Donald Trump, the man knows how to obstruct justice[.]... It sure is amazing how Trump does not want any investigations that might implicate assertions made in Brett Kavanaugh's meticulous, highly believable testimony!... To state the obvious none of the actions Republican public officials are taking suggest they think Kavanaugh is credible." ...

     ... Mrs. McCrabbie: If you're looking for evidence of Kavanaugh's guilt, it's the cover-up.

... Matt Shuham of TPM: "The ACLU doesn't normally endorse or oppose individual candidates or nominees. It made a 'rare exception' Saturday, in its president's words, announcing its opposition to Supreme Court nominee Brett Kavanaugh's confirmation. Citing 'credible allegations that Judge Kavanaugh has engaged in serious misconduct that have not been adequately investigated by the Senate,' the ACLU's national board of directors passed a resolution stating that 'Dr. Christine Blasey Ford's credible testimony, subsequent allegations of sexual misconduct, the inadequate investigation, and Judge Kavanaugh's testimony at the hearing lead us to doubt Judge Kavanaugh's fitness to serve as an Associate Justice of the Supreme Court.'" ...

     ... Mrs. McCrabbie: That's great! I'm sure when the ACLU brings its cases before the Supremes, Justice Wood B. Rapist will treat the organization's clients fairly & impartially. Because that's the kind of guy he is.

... More realistic than the original! Thanks, P.D.:

... Adam Liptak of the New York Times: At Thursday's Judiciary Committee hearing, "Judge Kavanaugh was angry and emotional, embracing the language of slashing partisanship. His demeanor raised questions about his neutrality and temperament and whether the already fragile reputation of the Supreme Court as an institution devoted to law rather than politics would be threatened if he is confirmed.... The charged language recalled Judge Kavanaugh's years as a partisan Republican, working for Ken Starr.... There was reason to fear that Judge Kavanaugh's searing reaction to the recent accusations could affect his work should he be confirmed to the Supreme Court." ...

... Jamelle Bouie: "With his furious partisanship and snarling anger, Kavanaugh is now an extraordinarily toxic nominee. And the raw exercise of power behind his confirmation is itself a powerful blow to the legitimacy of the Supreme Court.... Given the already unprecedented blockade of Merrick Garland, the presence of a Justice Kavanaugh would, for millions of voters, cement the Supreme Court as a narrow, factional power, meant to enhance one political party at the expense of another. In response, liberals may push for radical solutions that alter or dilute the power of the court, from impeaching Kavanaugh to expanding and 'packing' the court with new members. Either move would bring about an institutional arms race, as parties responded with ever-escalating reforms." ...

... Mike McIntire, et al., of the New York Times refute some of the tall tales Kavanaugh told during his confirmation hearings. (Also linked yesterday afternoon.) ...

... Charles Pierce: "In plain terms, for all his spleen and outrage, Judge avanaugh lies about everything. In his earlier hearings, he lied about his judicial philosophy, and he lied about his days as a Republican operative, both in and out of the White House. On Monday, he lied to Martha McCallum of Fox News. On Thursday, he lied about his entire adolescence and his college days. He lied even when he didn't have to lie. He lied in preposterous ways easily disproven by common sense. (The 'Devil's Triangle'? 'Renate Alumnius'?) He lied like a toddler, like a guilty adolescent, and like a privileged scion of the white ruling class, which is a continuum with which we all are far too familiar.... And now, he is a couple of easy steps away from having lied his way into a lifetime seat on the United States Supreme Court. This guy is going to be deciding constitutional issues for the next four decades, and the truth is not in him." (Also linked yesterday afternoon.) ...

... Shamus Khan, in a Washington Post op-ed: "How could a man brought up in some of our nation's most storied institutions -- Georgetown Prep, Yale College, Yale Law School -- dissemble with such ease? The answer lies in the privilege such institutions instill in their members, a privilege that suggests the rules that govern American society are for the common man, not the exceptional one.... Schools often quite openly affirm the idea that, because you are better, you are not governed by the same dynamics as everyone else.... Children whose parents are in the top 1 percent of earners are 77 times more likely to attend an Ivy League school than are the children of poorer parents.... Privilege casts inherited advantages as 'exceptional' qualities that justify special treatment.... His peers from the party of personal responsibility have largely rallied around him, seeking to protect his privilege." ...

... Michael Kranish, et al., of the Washington Post: Those calendar pages Kavanaugh provided to exonerate himself may be of interest to the FBI this week. Several entries tend to corroborate Blasey Ford's account. (Also linked yesterday afternoon.) ...

The Poor Dear Is Just Confused. Irin Carmon of New York: "The script was set ten days earlier.... Orrin Hatch called Christine Blasey Ford 'mistaken' and 'mixed up' in her belief that ... [Brett Kavanaugh] tried to rape her when they were teenagers. When the hearing came, Kavanaugh ... said, 'I am not questioning that Dr. Ford may have been sexually assaulted by some person in some place at some time.' It was the pseudo-empathic version of, 'Bitch set me up.' The Republicans held fast to their mendacious dodge: The poor dear meant well. She was just confused -- and the true perps were the Democrats who were using her.... The insult to injury of this position is that it elides its cruelty with infantilizing faux-compassion: It's okay, little lady, you just don't know your own mind. Brett knows best." ...

     ... Mrs. McCrabbie: Men who write laws designed to subjugate women have long claimed they're doing so to "protect" women. When I started working, many states had laws "protecting" women from having to lift more than 25 pounds. Coincidentally, it turned out that most job descriptions (and this includes office jobs) had a requirement that the job-holder lift more than 25 pounds even when that was not remotely true. For some reason, none of the he-men were around to help secretaries lug around boxes full of copy paper or files. ...

... Maureen Dowd: "... Kavanaugh simply adapted Clarence Thomas's playbook of raging against the machine.... 'This is a circus,' Thomas seethed in 1991. 'This is a circus,' Kavanaugh seethed on Thursday. Kavanaugh echoed Thomas's martyrdom, claiming he was being 'destroyed' by partisans conspiring to dig up dirt. He charged that Democrats were conducting a 'grotesque and coordinated character assassination' because of their anger about President Trump's ascent and their desire for revenge after his own seamy work helping Ken Starr in his pervy pursuit of Bill Clinton. It was a cri de coeur custom-made for the age of Trump -- and custom-designed to please Trump himself: entitled white men acting like the new minority, howling about things that are being taken away from them, aggrieved at anything that diminishes them or saps their power.... The nominee whom Ted Cruz defended as 'a boring Boy Scout' became a sneering portrait of privilege denied. As The Atlantic noted, Kavanaugh brandished Yale as 'a magic wand, something that could be waved to dispel questions of his conduct.'... The hope that the F.B.I. will save the day may be misplaced. In the case of Anita Hill, agents were deployed by Republicans to help smear her.&" ...

... Angry White Men think Kavanaugh Was "Too Timid." Jeremy Peters & Susan Chira of the New York Times: "For many conservatives, especially white men who share Mr. Trump's contempt for the left and his use of divisive remarks, the clash over Judge Kavanaugh's confirmation has become a rallying cry against a liberal order that, they argue, is hostile to their individual rights, political power and social status.... Judge Kavanaugh's furious denials of the allegation and his tirade before the Senate Judiciary Committee on Thursday also underscore how Mr. Trump's own angry rhetorical defenses of himself ... have become such an effective playbook with the Republican base. Republican politicians now regularly portray critics, Democrats, the news media and even people making allegations of sexual misconduct as liars or fakes, and strike aggrieved tones as they present themselves as victims of conspiracies or leftist cabals."

... Susan Svrluga of the Washington Post: "Catholic University's president suspended a dean whose comments on social media this week questioned allegations of sexual assault against ... Brett M. Kavanaugh. John Garvey, the president of the university, said Friday evening in an email to the campus that the remarks 'demonstrated a lack of sensitivity to the victim.' Will Rainford, the dean, had issued a written apology Thursday evening for a remark he made on his university Twitter account that he said 'unfortunately degraded' one of the women who have accused Kavanaugh of sexual assault.... 'Swetnick is 55 y/o,' Rainford posted Wednesday on his @NCSSSDean Twitter account. 'Kavanaugh is 52 y/o. Since when do senior girls hang with freshmen boys? If it happened when Kavanaugh was a senior, Swetnick was an adult drinking with&by her admission, having sex with underage boys. In another universe, he would be victim & she the perp!'... Scores of graduates of the National Catholic School of Social Service signed a letter to the university's president, provost and board of trustees objecting to Rainford';s comment and calling for his resignation." Rainford is dean of the School of Social Service. Huh. (Also linked yesterday afternoon.)

... I was really being tough. And so was he. And we were going back-and-forth. And then we fell in love, OK? No really. He wrote me beautiful letters. And they're great letters. We fell in love. But you know what, now they'll say: "Donald Trump said they fell in love. How horrible! How horrible is that? So unpresidential." I always tell you it's so easy to be presidential, but instead of having 10,000 people outside trying to get into this packed arena, we'd have about 200 people standing right there. -- Donald Trump, speaking of his relationship with brutal dictator & U.S. nemesis Kim Jong-un, at a rally in West Virginia yesterday ...

... Reuters: "North Korea's foreign minister told the United Nations on Saturday continued sanctions were deepening its mistrust in the United States and there was no way the country would give up its nuclear weapons unilaterally under such circumstances. Ri Yong-ho told the world body's annual General Assembly that North Korea had taken 'significant goodwill measures' in the past year, such as stopping nuclear and missiles tests, dismantling the nuclear test site, and pledging not to proliferate nuclear weapons and nuclear technology. 'However, we do not see any corresponding response from the U.S.,' he said."

Martin Pengelly of the Guardian: "An F-35 fighter jet crashed in South Carolina, the US Marine Corps said, in the first such incident to affect the most expensive defence programme in the world.... 'The US Marine pilot ejected safely,' the statement [by the Corps] said, adding that there were no civilian injuries and both the health of the pilot and the cause of the crash were being evaluated. The F-35 Lightning II is built by Lockheed-Martin. Reuters reported earlier on Friday that the Pentagon announced an $11.5bn contract for 141 planes, which 'lowered the price for the most common version of the stealthy jet by 5.4% to $89.2m'."

Election 2020. Alexander Burns of the New York Times: "Senator Elizabeth Warren of Massachusetts declared on Saturday that she would 'take a hard look' at running for the White House in 2020 once the midterm elections are over, and called on the country to elect a female president to fix the 'broken government' in Washington. Ms. Warren made the announcement during a town-hall meeting in Holyoke, Mass., where she was decrying President Trump and Senate Republicans for digging in behind Judge Brett M. Kavanaugh, the embattled Supreme Court nominee who has been accused of sexual assault. She described the hearings as a spectacle of 'powerful men helping a powerful man make it to an even more powerful position.'"

Matthew Goldstein of the New York Times: "Elon Musk, Tesla's chief executive, under pressure from his lawyers and investors, reached a deal with the Securities and Exchange Commission on Saturday to resolve a securities fraud case. The settlement will force Mr. Musk to step aside as chairman for three years and pay a $20 million fine. The S.E.C. announced the deal two days after it sued Mr. Musk in federal court for fraud and misleading investors over his post on Twitter last month that he had 'funding secured' for a buyout of the electric-car company at $420 a share. The deal with the S.E.C. will allow him to remain as chief executive, something he could have jeopardized if he had gone to battle with the agency."

News Lede

AP: "Rescue officials feared the full scale of Indonesia's earthquake and tsunami could climb far past the more than 800 already confirmed dead, as several large coastal towns remained cut off Sunday by damaged roads and downed communication lines. The country's disaster agency said the death toll more than doubled to 832, and nearly all of those were from the hard-hit city of Palu on the island of Sulawesi. The regencies of Donggala, Sigi and Parigi Moutong -- with a combined population of 1.2 million -- had yet to be fully assessed."

Saturday
Sep292018

Social Circles

As I mentioned late yesterday to a contributor who is as sick of all this as I am, I started watching a British mystery series to escape the day's realities. It didn't work. When the fictional detective Vera goes to interview a posh lady who might shed some light on the victim's activities, the posh lady tells Vera, “Yes, I knew her, but I didn't know her well. We didn't travel in the same circles.”

 

So right away, I thought of Brett Kavanaugh. As Josh Marshall wrote yesterday, “Kavanaugh rested his aggressive defense on the claim that he and [Christine] Blasey Ford weren’t even in the same social circles and that he didn’t even attend parties like the one she describes in the summer in question.” Kavanaugh's exact testimony in regard to Blasey Ford was, “She and I did not travel in the same social circles.” Philip Bump of the Washington Post demonstrates, based on young Brett's 1982 calendar that Kavanaugh's assertion isn't true. His “gang” included a boy whom Blasey dated at the time. (Not coincidentally, the boy Blasey dated was the person Ed Whelan tried to finger as the "real rapist." Marshall suspects Kavanaugh himself had a hand in inventing this red herring.)

 

But it is also true that Christine Blasey was two years behind Kavanaugh in school,* and that does make a difference to teenagers. I can remember as a sophomore thinking that seniors were rarified gods and as a senior thinking sophomores were “kids.” The girls & boys in my “circle” were in my class. This seems ridiculous now, but it seemed like “proper order” to a teenager.

 

Kavanaugh was and is far more tribal than I ever have been. As Avi Selk of the Washington Post points out, Kavanaugh's tribalism was such a serious character flaw that in 2006 the American Bar Association downgraded his qualification rating because of it. At the hearing Thursday, he let fly the lunacy:

 

Since my nomination in July, there’s been a frenzy on the left to come up with something, anything to block my confirmation…. When it was needed, this allegation was unleashed and publicly deployed over Dr. Ford’s wishes…. This whole two-week effort has been a calculated and orchestrated political hit…. pent-up anger about President Trump and the 2016 election…. revenge on behalf of the Clintons…. millions of dollars in money from outside left-wing opposition groups.

 

In other words, grown-up Brett thinks it is fine to viciously and falsely attack, to their faces, people who are not in his “group” – even as those despised “outsiders” are interviewing him for a job.

 

I think it's fair to take Kavanaugh at his word on this one point: that as a teenanger he did not think of Christine Blasey as part of his “social circle” even if she was dating someone who was. She was two years younger, a “kid” who was a “hanger-on,” like “Judy's little sister” Carol (played by Mackenzie Phillips) in “American Graffiti.” And, given Kavanaugh's lifelong disdain for outsiders, it's also reasonable to suspect that young Brett thought it was all right – in fact, hilarious – to attack a girl whom he perceived as an outsider, someone who was not part of his “social circle.”

 

Rather than providing evidence that he did not physically attack Blasey, Kavanaugh's effort to distance himself from her supports the likelihood that he did attack her. As an outsider, she was fair game, just like the Democrats on the Judiciary Committee whom he repeatedly insulted.

 

Whether Kavanaugh planned to rape Blasey or to just give her a scare for the fun of it, as Kevin Drum hypothesizes, his attack on Blasey affected her for life. He did not care then, and he does not care now. In the tribal worldview of Brett Kavanaugh, the feelings, the dignity, the rights of those of us he has “otherized” do not matter. Kavanaugh's world is a narrow one, far too narrow for him to grant justice to any "outsider" who would come before him.

 

* Oops, I was wrong about this. It looks as if Blasey was only a year behind Kavanaugh in school. She is about 18 months younger than he.