A reader called Democracy is troubled by Kavanaugh’s record as a judge, whose ideology trumps facts and evidence. Yesterday Trump told a political rally that Democrats are interested only in “power and control,” and “we’re not going to let them get it.” I think this is called “projection,” especially from a President whose party controls two of the three branches of government and is now seeking to control the third branch, thus eliminating the checks and balances envisioned by the Founding Fathers to prevent tyranny.
Democracy writes:
Kavanaugh has lied about sooo many things. He lied about his drinking. About blacking out. About “Devil’s Triangle” and “boofing.” About being a Renate alumnus. About the geographic locations of the houses where he and Dr. Ford lived.
But he also lied about being a neutral arbiter of the law. As Steve Pearlstein noted in The Post six years go in a case that involved EPA pollution regulations.
“But in reading the 60-page opinion by Judge Brett Kavanaugh, you’d have no clue of this historical, political, economic or health context…You’d have no idea that hundreds of dedicated, highly trained scientists, analysts and statisticians at the EPA might have spent more than a decade devoted to the extremely complex task of figuring out how much of the ozone or sulfur dioxide in the air in Rhode Island originated in Indiana.
“You’d have no idea that legions of government lawyers and economists might have spent a decade listening to, and negotiating with, state officials, industry groups and environmental advocates on an equitable formula for reducing pollution in the least costly way….You’d have no idea that, in earlier decisions, the same court had found it a reasonable formula resulting in reasonable compliance costs, but sent an earlier version back to be reworked because it didn’t make the air clean enough.”
Instead, what you get is 60 pages of legal sophistry, procedural hair-splitting and scientific conjecture….You find a judge without a shred of technical training formulating his own policy solution to an incredibly complex problem and substituting it for the solution proposed by experienced experts…You find an appeals court judge so dismissive of the most fundamental rules of judicial restraint that he dares to throw out regulations on the basis of concerns never raised during the rule-making process or in the initial court appeal.”
This is what judicial “restraint” looks like to conservatives like Kavanaugh. Just make things up. The same thing Scalia did in DC v Heller, when he basically rewrote the Second Amendment.
Kavanaugh also lied about his knowledge of the sexual proclivities of Alex Kozinski, ousted form the federal courts for sexual harassment and prolific use of pornography on federal court property. In fact, Kavanaugh hired Kozindki’s son as a lwa clerk, even though he didn’t have the kind of academic record that usually accompanies such a hiring.
As The Guardian reported,
“The decision to hire Clayton Kozinski, son of the now disgraced judge Alex Kozinski, smacked of the kind of cronyism that is rife in federal courts. It was especially common for Kavanaugh, who not only had a reputation for hiring ‘model-like’ female clerks, but also the children of powerful friends and allies…The move also marked the culmination of a decades-long professional and personal relationship with Alex Kozinski – the first high-profile judge to be forced to resign in the #MeToo era – that had helped launch Kavanaugh’s career…serious concerns about whether Kavanaugh lied under oath have also been raised – publicly and privately – on a topic that has received far less attention in the national spotlight: his insistence that he was shocked when he discovered last year that Kozinski, his mentor and friend, sexually harassed more than a dozen clerks in decades on the bench.”
“People who knew Kozinski have privately – and in some cases, publicly – challenged that statement, saying Kozinski’s abusive behavior, which ranged from kissing clerks to showing them pornography at work to making sexist remarks, was known throughout the judiciary. There were also public signs of his inappropriate use of pornography at work…Individuals who knew Kozinski and spoke to the Guardian on the condition that their names be withheld, for fear of retribution, described Kavanaugh’s testimony as ‘ridiculous’ and ‘unbelievable’.”
What the nation saw with Brett Kavanaugh’s arrogant, aggressive, abrasive, lie-filled Judiciary Committee statement, was what Kavanaugh truly is, especially when he’s alcohol-fueled.
Republicans don’t care about truth, or the Constitution, or women’s rights or voting rights, or the environment. They care about raw power and money, and they will subvert all – every one – of the republic’s core democratic values to get and keep them, even if it means using Russian intelligence agencies to do so.
Republicans are – in fact – a clear and present national security danger.

Kavanaugh, as a member of the Bush-Cheney-Rumsfeld War Criminals administration, worked with John Yoo to “legalize” torture carried out by U.S. military & CIA members in Iraq, Afghanistan, and Guantanamo.
So he is complicit in war crimes.
That alone should have disqualified him.
But President Obama, disobeying the law that required him to prosecute such war criminals, infamously said we must “look forward”, so all the Bush regime’s war criminals got away with murder as well as torture.
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Thank you, Ed.
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Diane Commonly, presidents choose judges to put up for confirmation–nothing new there.
However, in THIS case, just the fact that T picked that K-person renders him unqualified. And the above note tells us why T picked K, and that’s that.
Here’s another thing: Democrats have buckled in defense under the claim of political maneuvering. However, they seem to forget that the common procedures of confirmation call for “covering all the bases” before confirmation occurs. Yes, the “delay” suits democratic politics. So what? That fact doesn’t mean that the procedure-following is illegitimate.
It’s the GOP (Mitch McConnell et al) who are so hell-bent on breaking with time-worn procedures to ILLEGITIMATELY maneuver their “pick” into place BEFORE the election. So they yell and scream that the democrats are maneuvering when, in fact, IT’S THEM; and the democrats are just asking to follow common procedures.
T and the GOP don’t want a legitimate democracy. They just want it all. I don’t know which is worse: T or the GOP Congress. CBK
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From the you can’t make this stuff up department: Our glorious leader – President Donald Trump said Monday that he was surprised that his nominee for the Supreme Court, B-r-e-t-t K[-man], professed his love for beer repeatedly during a Thursday hearing before the Senate Judiciary Committee.
Trump, who said he does not drink, added that his abstinence is a good thing because, he joked, he “would be the world’s worst” if he indulged.
“I watched him and I was surprised at how vocal he was about the fact that he likes beer,” Trump said. “He’s had a little bit of difficulty. He talked about things that happened when he drank. This is not a man that said alcohol was — he was perfect with respect to alcohol. I thought he was actually going back so many years. I thought he was excellent.”
The man has a sense of humor. He’s horrific stone cold sober.
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I like to think of myself as perfect with respect to alcohol.
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Trump’s brother, Fred, was an alcoholic that died at age 43, Despite his own abstinence from alcohol, Donald had no problem selling a Trump Vodka, which is now discontinued like so many of his ventures.
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From Public Citzen:
• In 18 of 22 cases involving consumer and regulatory issues or matters of administrative law, Kavanaugh sided with corporations against agencies, or with agencies against public-interest challengers.
• In 11 of 13 environmental cases, Kavanaugh sided with corporations or states challenging the U.S. Environmental Protection Agency or other federal agencies for being too protective of the environment, or against environmental groups seeking stronger environmental enforcement.
• In 15 of 17 cases involving worker rights, Kavanaugh sided with employers against employees or employees’ unions, or with employers against the National Labor Relations Board.
• In seven of seven cases involving victims suing for compensation over police or human rights abuses, Kavanaugh sided with the alleged abuser and against the victims.
• In two of two cases, Kavanaugh sided with merging companies and against antitrust enforcement agencies
Additionally,….during his tenure, Kavanaugh has:
• Been inconsistent on the issue of deference to agency action;
• Favored a standard benefitting corporations on the issue of standing;
• Imposed high bars to citizen access to the courts, but treated corporations differently;
• Opposed independent agencies; and
• Been highly skeptical of civil rights claims.
“The most eye-catching conclusion from reviewing Judge Kavanaugh’s opinions on the appellate court is the consistency of the outcomes compared to the inconsistency of his reasoning — the overwhelming tendency to reach conclusions favorable to corporations and against the public interest,” said Robert Weissman, president of Public Citizen. More here https://www.citizen.org/media/press-releases/us-court-appeals-kavanaugh-sided-corporations-87-percent-time-split-decisions
And that does not address the religious freedom issues promoted by participants in the “values voters summit” with VP Pence leading the charge, enthusiastically endorsing Kavenaugh, promising to get rid of the Johnson amendment, and more.
Also interested in seing if all of these references to Kavenaugh cause WordPress to put this post in moderation.
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This is precisely why, for conservatives and corporations, Kavanaugh is “to big to fail.”
His IS their boy, bought and paid for.
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Thanks for the post.
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Now THIS sort of information is what we should focus on, not the uncorrorborated Ford allegations.
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K’s relationship to this Kozinski reminds me that a couple of sports figures have lost their jobs over something similar. Joe Paterno was ousted at Penn State over knowledge of perversion, and Ken Starr lost his Baylor job over a similar sports issue.
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Both Lisa Murkowski and Susan Collins called for Al Franken to resign from the Senate over sexual harassment allegations.
Clearly, given their reasoning in the Franken case, the cannot vote to place Kavanaugh on the Supreme Court, especially after his arrogance and belligerence and his rampant lying.
But……
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YOU GOT THIS RIGHT! Thanks, Kas Winters
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Do you ever tire of bashing the Republicans? Please stick to education. In the mean time don’t throw stones until your own glass house is in order. You all have damaged 2 people here. It is disgusting.
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I will bash any party that is determined to destroy unions, Social Security, Medicare, Medicaid and the ACA.
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My glass house does not include drinking underage and assaulting women, and then lying about it to the Senate.
For the umpteenth time, this is Diane’s blog. She gets to write about what she wants to write about it. Don’t like it? Don’t come in here. Or don’t read the political posts.
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What proof do you have to that claim or is it another opinion or accusation about his drinking….so far the four witnesses ford produced have not supported her. She lacks facts to support her story and her story would never make it in a court of law.
And yes, for the umpteenth time Diane can do as she sees fit and block all commentary which is in opposition to her thinking. It is a shame that the rest of the classroom she runs here only gets one side or viewpoint.
I bet there are a few here who just might see things differently – not many but a few – yet we can’t learn from what the rest of the country thinks – is it really word press that blocks commentaries.
So the Repubs back down again giving into a another week for a 7th inspection of K – delay delay – destruction of a human, his reputation, family by the Dems.
So what we have is a joke on our system of justice – questions from a senator Blumenthal who lied about his military service in Nam over and over till someone checked, or a senator, Mr. Spartacus, running for President someday, who writes about his youthful encounter with a young lady, and last but not least a lady who prevented a timely FBI investigation by withholding Ford’s letter till the last minute – delays
I hope you get to read this before it is scrubbed ….
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Hey April.
Do you even have a clue? Do you think serial liars — and Kavanaugh’s many lies are well-documented — should be federal judges, much less Supreme Court justices?
The Republican party today is nothing like it was only thirty years ago.
Here are two of the most respected Congressional scholars in the country, on Republicans, and this was SIX years ago, before the Liar-in-Chief and the Russian ratf*cking:
“We have been studying Washington politics and Congress for more than 40 years, and never have we seen them this dysfunctional. In our past writings, we have criticized both parties when we believed it was warranted. Today, however, we have no choice but to acknowledge that the core of the problem lies with the Republican Party.”
“The GOP has become an insurgent outlier in American politics. It is ideologically extreme; scornful of compromise; unmoved by conventional understanding of facts, evidence and science; and dismissive of the legitimacy of its political opposition… thanks to the GOP, compromise has gone out the window in Washington. In the first two years of the Obama administration, nearly every presidential initiative met with vehement, rancorous and unanimous Republican opposition in the House and the Senate, followed by efforts to delegitimize the results and repeal the policies. The filibuster, once relegated to a handful of major national issues in a given Congress, became a routine weapon of obstruction, applied even to widely supported bills or presidential nominations.”
Read the entire piece. And then come back here and tell us what is truly “disgusting.”
https://www.washingtonpost.com/opinions/lets-just-say-it-the-republicans-are-the-problem/2012/04/27/gIQAxCVUlT_story.html?utm_term=.79d85ab8a2da
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I think Diane will rightfully bash anyone in any party who does not support public schools governed by elected school boards and anyone in any party who does not seek to enact legislation that will provide every child with an equal opportunity to learn in a public school. If she ends up bashing more GOP members its because the GOP seems more intent on drowning government in bathtub and replacing publicly funded functions with privatized ones. I don’t recall Diane praising Arne Duncan, Obama’s appointee, for his work…
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Many commentators have pointed to the high percentage of women who do not support Trump, with varying degrees of ferocity. The bigger story to me, is the smaller percentage of women like April, willing to engage in refusal to face documented facts whether through simple ignorance, or cynical hatred, often racially based. You have an amazing and frightening number of women who agree with your stupidity, April. Congrats.
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The Republican Party should change its name to the Loyalists since they are essentially trying to re-establish a constitutional monarchy. Who needs checks and balances (sarcasm) when you have a brilliant (sarcasm) monarch like King George III or Clown King Donald.
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Or the Russianists…
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Diane, thanks for posting this. & Democracy, thanks for the post & the WAPO link. It just so happens that Pearlstein will be appearing at a bookstore near me, talking about capitalism & democracy, & I will certainly ask him about his Kavanaugh EPA opinion article.
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Pealrstein has written lots of good stuff about capitalism and economics.
http://www.washingtonpost.com/wp-dyn/content/article/2011/02/19/AR2011021902741.html
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Surprised in reading Pearlstein’s bio that he’s also a professor of Public Policy at George Mason University (a.k.a., Koch University).
I’m astonished that he’s still teaching there (i.e., hasn’t lost his job).
Also, just read a bulletin from Stand Up to ALEC–not surprisingly, Lindsey Graham was hooked on to ALEC early on.
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Based on his performance at the K-Ford hearings, I most certainly would look into Lindsay Graham’s past. There could be some young boys there and wholesome games with taxes.
“It’s really American to avoid paying taxes, legally,” Graham said, adding, “As long as it was legal, I’m OK with it. I don’t blame anybody for using the tax code to their advantage.”
https://www.theatlantic.com/politics/archive/2012/07/in-defense-of-lindsey-graham-and-legal-tax-evasion/259683/
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“Brett Kavanaugh’s arrogant, aggressive, abrasive, lie-filled Judiciary Committee statement, ”
Frankly, what he clearly showed was that he is a nut. I am sure psych evaluations of his behavior during the hearing are forthcoming.
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“An ex-FBI agent explains everything wrong about the K___probe”. (Vice)
The world is watching in real time as McConnell steers the U.S. to an authoritarian regime.
Last month, when city mayors co-hosted an event to propagandize for the oligarchy (Gate-sponsored Hoover Institute speaker), the U.S. wept for its former democracy.
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Here’s actual footage (no joke) of a very young Alex Kozinski on THE DATING GAME, circa Late 1960’s / Early 1970’s.
After getting picked (out of the three Bachelors) by the Bachelorette Rita, Kosinski comes over and basically mauls poor Rita rather clumsily, grabbing her head with both hands, and knocking off her late-1960’s-era hat in the process:
Now one might say, “Oh, it’s just a game show. Get over it.”
However, this behavior is of a piece with Kavanaugh’s “Renate Alumni” group, and their views and treatment of women.
(For any LAVERNE & SHIRLEY fans out there, Bachelor Number one is the future “Squiggy”, actor David Lander.)
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Kozinski, Brett’s mentor.
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Fascinating exposure here that has gone unnoticed. Thinking about this guy Kavaunaugh and the fact that he is a judge. We as people look at judges as people who are some how different than the rest of us. We view judges with great respect and honor but never realizing that judges are just regular human beings.
Take Kavanaugh for example, here is a guy who would work the bench every day and then goes home and who knows what? Is the guy a closet drinker? Wait, this guy is a judge and judges do not get drunk and judges are pure and clean like judge judy.
No, the position of judge has been exposed here and now we all know that the same person who ruled on my case goes home in the evening and becomes a deviant him or herself! Weak human beings who some how convinced somebody, some where to hire them to become a judge. So now this person is going to rule on my future? Further, if indeed a drunk or addicted drinker, does this person come to the bench with a few drinks in them already? Beer for lunch? Judges in this country will be now be viewed differently and really we should put in hurdles that judges need to pass such as drug and alcohol testing to ensure our judges are clear in their head before ruling on a persons life.
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From Alternet, “Republican women are as sexist as Republican men”, which explains them voting for Trump and backing K___ for the Supreme Court.
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