Questionable At Best

The October Surprise is a political tactic that has been used in the past to convince the public that a candidate is unfit for office. It is done close enough to the election so that there is not adequate time to research the the accusation before the election. Sometimes it works; sometimes it doesn’t. Somehow the accusation and the accusers disappear after the election. Rarely does the accused get a chance to redeem his reputation. In the past the tactic has been used in presidential campaigns and Congressional campaigns. A form of it has also been used to attempt to block Supreme Court nominees. It worked on Robert Bork; it failed on Clarence Thomas. I have no idea what is going to happen with Judge Kavanaugh.

There are a few things to consider in the attack on Judge Kavanaugh. Paul Mirengoff at Power Line posted an article today that revealed the following:

It looks like Brett Kavanaugh’s mother, Judge Martha Kavanaugh, ruled against the parents of Christine Blasey Ford, the woman who accuses Brett Kavanaugh of sexual assault. Court documents show the losing party in a foreclosure case Martha Kavanaugh heard to be Ralph and Paula Blasey of Potomac, Maryland. They appear to be Christine Blasey Ford’s parents.

The fact that Kavanaugh’s mother ruled against Ford’s parents doesn’t prove Ford is lying about the conduct of the son. Her allegation, coming so many years after the fact and without a description of when or where the event supposedly occurred, is probably not susceptible to being ruled out conclusively. But there now seems to be a motive, beyond partisan politics, for Ford to make up or significantly embellish her story so long after the “fact.”

In any event, the fact that Ford’s story, having been presented so late and with little detail as to time and place, is probably not susceptible to being ruled out means that, if not “ruled in” conclusively, the story should not preclude Kavanaugh’s confirmation. We have statutes of limitations for a reason.

Finally, unless we accept the view that Kavanaugh truly attempted to rape this girl, I don’t believe his conduct provides a basis for rejecting his nomination. Kavanaugh was still a teenager. More than five dozen women who knew him at the time vouch for his behavior. His female law clerks consider him a gentleman and a mentor.

The American Thinker posted an article today detailing some of Ms. Ford’s student reviews. It is very obvious that Ms. Ford easily fits into the category of a radical liberal. The question is whether or not she has any foundational principles that would prevent her from making false accusations.

The article at The American Thinker concludes:

So has Kavanaugh gotten on Ford’s bad side by expressing conservative ideas?  Probably.  And even if her allegations are true, I very much doubt she’d have come forward had Kavanaugh stayed on her good side by being a leftist reprobate in the mold of Slick Willie or Chappaquiddick Ted Kennedy.  For a good example of such situational sexual mores, note that liberal reporter Nina Burleigh actually said in 1998 about B. Clinton, “I’d be happy to give him [oral sex] just to thank him for keeping abortion legal.”

As for Kavanaugh, unless it’s shown that he’s like Bill Clinton and Ted Kennedy and has exhibited a pattern of sexual wrongdoing, there’s nothing to see here.  Ford claims that the 36-year-old alleged incident of sexual misconduct took place in a room with only her and the two boys present.  So while 65 women who knew Kavanaugh in high school have come forward to vouch for his character as a gentleman, Ford’s lone word is the only claim against him.  Heck, there are more testimonials as to Ford’s alleged insanity than there are regarding Kavanaugh’s alleged impropriety.

This is foul play on the part of the anti-Trump crowd. The fact that Jeff Flake is using these accusations as an excuse not to vote Judge Kavanaugh out of committee and let the Senate vote is an indication of where things are. The fact that the Democrats are using this tactic to attempt to stall the nomination also illustrates their pettiness in trying to prevent the President from exercising his Constitutional right to select judges. The actions of Diane Feinstein and the other Democrats involved in this smear campaign are a disgrace to their party and to their country. These are the people who supported Bill Clinton as President when there was current evidence against him. Now they have discovered morality and can’t support a man with a questionable accusation from thirty years ago. That really does not pass the smell test.

An Attempt To Bork Kavanaugh

Robert Bork would have made a fantastic Supreme Court judge. He was brilliant and understood the U.S. Constitution. Unfortunately he was blocked from being a Supreme Court Justice because of the antics of that bastion of virtue Ted Kennedy. A similar tactic was tried on Justice Thomas, but it didn’t work. Justice Thomas, thankfully, sits on the Supreme Court. Now the attempt is being make to prevent Judge Kavanaugh from being confirmed. It is an ugly attempt, and hopefully it will fail.

The Daily Caller posted an article yesterday detailing the problems with the Democrats’ case against Judge Kavanaugh. Diane Feinstein has come up with a letter charging Judge Kavanaugh with inappropriate behavior when he was in high school. In the article, Kimberley Strassel of the Wall Street Journal listed the problems with the accusations against Judge Kavanaugh:

Strassel began by pointing out reports from the New York Times that suggested Feinstein had at least been aware of the letter’s existence since summer — and argued that if the accusation was truly damning enough to warrant an FBI investigation, it would have been reason enough for Feinstein to present it to authorities immediately.

…Strassel went on to question whether a letter concerning enough to warrant a federal investigation should have been shared with Senate Republicans, who, just like their Democratic counterparts, were charged to “advise and consent” with regard to Kavanaugh’s nomination. Additionally, she suggested that if the accuser had explicitly stated a request to not take things further, Feinstein could be betraying that trust by going to the FBI.

…Finally, Strassel argued that the timing of the letter’s introduction into public discourse “cannot be ignored” — it was made public only after Senate Democrats made numerous attempts to stall or delay Kavanaugh’s hearings, all of which were shut down.

Approval of nominees is supposed to be based on the qualifications of the nominee. Unfortunately in recent years, it has become extremely political. I firmly believe that barring unusual circumstances, a President is entitled to appoint the people he chooses. That courtesy was extended to President Obama, who appointed Sonia Sotomayor and Elena Kagan to the Supreme Court. The appointment of Merrick Garland was blocked according to the ‘Biden Rule’ put in place under George W. Bush. The Democrats invented the ‘Biden Rule’ to block an appointment by President Bush. It is only fair that they got hoisted on their own petard.

I believe that the Democrats need to confirm Judge Kavanaugh. Their stall tactics are only creating bad feelings that will come back to bite them in the future.

 

Some Thoughts On Brett Kavanaugh

Investor’s Business Daily posted an editorial today about some of the reactions to the nomination of Brett Kavanaugh as a Supreme Court Justice. Some of the attacks on this man by the political left are so ridiculous they are funny.

The editorial cites one example of the attacks:

The Washington Post red-flagged the fact that Kavanaugh racked up nearly $200,000 in credit card debt to buy season tickets to the Washington Nationals baseball team and also for “home improvements.”

A big chunk of change, to be sure. But…what? It’s a bit hard to argue Kavanaugh wasn’t gainfully employed. The Post further makes a big deal that Kavanaugh’s most recent financial form shows less than $70,000 in assets. Sound poor? Does that disqualify him from service on the Supreme Court? Do we now have an asset test for all Court nominees?

What’s absurd about the “assets” is they don’t include his six-figure income and generous pension from being a federal judge. Nor does it include the value of his home. We don’t know what those are, but we’re pretty sure the net value of both is well north of $1 million.

It gets worse:

The Post also “reported,” if that’s the word, that Kavanaugh proclaimed himself Treasurer of the “Keg City Club — 100 Kegs or Bust” in his high school yearbook, and referred to the “Beach Week Ralph Club” and “Rehoboth Police Fan Club.”

So, teenage hijinks are now a solid disqualification for service on the federal bench?

Of course, this is all recycled pap from Kavanaugh’s approval process to be a federal judge. It’s mostly all known. Why repeat it? Anything to sully a man’s reputation. After all, recall how both Robert Bork and Clarence Thomas were smeared by the left during their confirmation battles. Together, they were two of the most disgusting and unfair spectacles in American political history.

I that is all the dirt they can find on this man, he totally deserves to be confirmed in the next two months!

Confirmation Of The Obvious

Newsbusters posted an article today about some recent comments by Joe Biden. The comments provide insight into the poisonous atmosphere that permeates Washington, D.C.

The article reports Joe Biden’s comments in an interview with Jon Favreau on “Pod Save America,” a liberal podcast.

This is part of the conversation:

FAVREAU: Well, sir, I wanted to start with the economy but, real quick, if Democrats take back the Senate and a seat opens up on the Supreme Court in the next two years, should Democrats hold that seat open like Republicans did to Obama?

BIDEN: I don’t think so.

FAVREAU: Even if it means they get another Gorsuch?

BIDEN: No, no, that’s a big difference. Remember, I’m the guy that kept there from being a guy who was maybe the most brilliant conservative who was nominated for the Supreme Court (Favreau snickers) and I kept him off the court. And I was able to … in the Judiciary Committee (to) defeat (Clarence) Thomas (nominated by the elder Bush four years later). Bork got flat defeated. Thomas got defeated in committee. But the Constitution says the Senate shall advise and consent, not a committee shall advise and consent. And so, you know, you can, I don’t think we should step away for a moment.

The article concludes:

…Biden lets the cat out of the bag. The biggest problem for liberals when it came to Bork was not his originalist views of the Constitution, or that he pulled the trigger for Nixon in the so-called Saturday Night Massacre, but the fact that he was brilliant and could be expected to push the court to the right for generations to come — hence he had to be destroyed. How seemingly gracious of Biden to acknowledge Bork as legal exemplar, albeit long after it mattered and seeing how it is now beyond dispute.

Worth noting is that Bork’s months-long nomination battle in 1987 roughly aligned with Biden’s first doomed run for the presidency which ended amid growing evidence of propensity for plagiarizing remarks from other politicians. Also leading the charge against Bork that year was Senator Ted Kennedy, Democrat of Massachusetts. This week, a movie comes out portraying how Kennedy left a woman to drown in his car while he waited 10 hours to report the accident and focused instead on saving his political hide. It’s taken Hollywood nearly 50 years to depict one of worst — and most dramatic — political scandals of the last century. But again, better late than never.

It is truly sad that we have reached the point in our government where the political leanings of a Supreme Court nominee are more important than his qualifications. Unfortunately, I am not optimistic that this is ever going to change.