Tag Archives: Justice Kavanaugh

Reaping What You Have Sown

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Mollie Hemingway posted an article at The Federalist today about the charges against  former Vice-President Joe Biden.

The article reminds us of some of the details of the charges against Brett Kavanaugh:

…the Washington Post carefully packaged and presented Christine Blasey Ford’s claim that Kavanaugh had tried to rape her when she was in high school. The media and Democrats immediately latched onto the accusation in a desperate attempt to keep Kavanaugh from being confirmed.

It wasn’t the quality of the allegation that led to this reaction. Blasey Ford had no evidence she had ever met Kavanaugh, much less that he had tried to rape her. She wasn’t sure about any detail related to the event other than that she had precisely one beer and that Kavanaugh had tried to rape her.

She didn’t know how she got to the alleged event, where it was, how she got home, or whose house it was. None of the four witnesses she identified to reporters as having been at the event in question supported her claim. That included her close friend Leland Keyser, who was pressured by mutual acquaintances to change her testimony that she had no recollection of the event in question. Kavanaugh had an army of close friends and supporters who testified to his character throughout his adolescence and adulthood.

Justice Kavanaugh’s remarks at the time were a foreshadowing of what is happening now:

I understand the passions of the moment, but I would say to those senators, your words have meaning. Millions of Americans listen carefully to you. Given comments like those, is it any surprise that people have been willing to do anything to make any physical threat against my family, to send any violent e-mail to my wife, to make any kind of allegation against me and against my friends. To blow me up and take me down.

You sowed the wind. For decades to come, I fear that the whole country will reap the whirlwind.

We are currently reaping that whirlwind. Time will tell whether or not the charges against Joe Biden are true, but we have opened up a Pandora’s Box in politics that was better left closed.

 

When The Politics Of Personal Destruction Became Acceptable

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Many Americans look around at the political scene and wonder how we got to the point where anyone who disagrees with those in the media (and any liberal) is a horrible person probably guilty of hate speech. The concept of personal destruction has been with us for a while, but there are a few moments in American history that we can point to as watershed moments. One is the confirmation hearing of Robert Bork in 1987.

Robert Bork was recognized as a qualified conservative judge. In 1962, he became a law professor at Yale. In 1982, Ronald Reagan appointed him to the U.S. Court of Appeals, District of Columbia Circuit. In 1987, he was nominated for the Supreme Court. His nomination hearing was one of the low points of American history. The unfounded attacks on him were a shadow of things to come.

Yesterday PJ Media posted an article about Joe Biden’s role in the confirmation hearings of Robert Bork.

The article notes:

During the fourth Democratic debate on Tuesday, former Vice President Joe Biden — the ostensible moderate in the race — bragged about his role in the acrimonious political attack that first made Supreme Court confirmation battles as vicious as they are today. While Democrats often blame House Speaker Newt Gingrich for coarsening America’s political rhetoric, the character assassination of Robert Bork first ignited the partisan political warfare that hit a fever pitch with Trump.

Biden is campaigning on a platform of “restoring the soul” of America, aiming to reverse the influence of Trump, whom he blames for the white nationalist riots in Charlottesville, Va. Yet the former VP played a key role in the political declaration of war that turned Bork’s last name into a verb. On Tuesday, he bragged about that.

Asked about abortion, the former senator — and Senate Judiciary Committee chairman — bragged, “When I defeated Robert Bork, I made sure we guaranteed a woman’s right to choose for the better part of a generation.”

So the smearing of Robert Bork (also the smearing of Brett Kavanaugh) was actually about abortion. It worked the first time; it didn’t work the second time–Justice Kavanaugh was confirmed–Judge Bork was not.

The article continues:

Yet bragging about Bork is a bad strategy, especially for a candidate who aims to present himself as a return to political civility.

As Sen. Ben Sasse (R-Neb.) wrote in his excellent book Them: Why We Hate Each Other—and How to Heal, the “Borking” of Robert Bork helped create the “angry constituency” that spurred on (Newt) Gingrich’s success.

…Biden played a large role in the character assassination.

Stage management was a key part of this made-for-tv political drama, and one of the central cast members was the Senate Judiciary Committee Chairman, Delaware Senator Joe Biden. His former staffers later admitted that chairman Biden hatched a plan to work with outside advocacy groups to heighten the visibility of the Bork hearings. Biden thought a Supreme Court fight could be a key lever to boosting his name recognition in advance of the 1988 Democratic primary.

Because character assassination worked in that instance, the Democrat party has tried it on other occasions. It wasn’t until they tried it on President Trump that they met someone who was willing and able to fight back. That is one of many reasons that the Democrats are trying to remove him from office–their normal bag of tricks is not working on him.

Getting Serious About False Allegations Against Nominees

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Senator Chuck Grassley posted an article on his Senate web page that included a letter asking the Attorney General and the Director of the FBI about investigations into false charges made against Justice Kavanaugh.

Part of the letter states:

These criminal referrals were not made lightly.  In each of the aforementioned cases, the referred individual(s) made false allegations against then-Judge Kavanaugh.  These allegations were taken seriously and carefully investigated by Committee staff, resulting in the diversion of significant resources.
    1. The first referral, dated September 29, 2018, relates to a false allegation made by an individual who told the Committee that he had direct knowledge that Judge Kavanaugh assaulted a close friend on a boat in the harbor at Newport, Rhode Island in 1985. [1]  After the Committee extensively questioned Judge Kavanaugh about the allegation, the individual recanted and apologized on social media for making the false allegation.
    1. The second referral, dated October 25, 2018, relates to false allegations made by Mr. Michael Avenatti and his client, Ms. Julie Swetnick.[2]  In a September 23, 2018, email to Committee staff, Mr. Avenatti stated that he and Ms. Swetnick were aware of evidence that during the 1980s, Judge Kavanaugh participated in the “targeting of women with alcohol/drugs in order to allow a ‘train’ of men to subsequently gang rape them.”[3]  Committee staff interviewed Judge Kavanaugh and ten other individuals in connection with these allegations, which were outlined in graphic detail in a sworn statement to the Committee purportedly written and signed by Ms. Swetnick.  After a thorough investigation, the Committee found no verifiable evidence to support any of the allegations made in the declaration.  The Committee also found that both Mr. Avenatti and Ms. Swetnick had a long history of credibility issues and may have criminally conspired to mislead the Committee and obstruct its investigation.
    1. The third referral, dated October 26, 2018, relates to evidence that Mr. Avenatti falsified a sworn statement to the Committee in order to provide support for Ms. Swetnick’s unfounded allegations.[4]  The sworn statement by an unknown declarant claimed that Judge Kavanaugh had spiked the punch at house parties with Quaaludes and/or grain alcohol in order to make “girls more likely to engage in sexual acts and less likely to say ‘No.’”[5]  NBC News later reported on a series of contacts with the purported declarant, who stated that she had denied the key allegations in the declaration both before and after the statement was publicly released and that Mr. Avenatti had “twisted [her] words.”[6]
    1. The fourth referral, dated November 2, 2018, relates to allegations made by Ms. Judy Munro-Leighton.[7]  On October 3, 2018, Committee staff received an email from Ms. Munro-Leighton stating that she was the author of an unsigned letter containing highly graphic sexual-assault accusations against Judge Kavanaugh previously received by the office of Senator Kamala Harris.  Ms. Munro-Leighton included the text of the letter in her e-mail to the Committee, claiming that Judge Kavanaugh and a friend had raped her “several times each” in the back seat of a car.[8]  When Committee staff interviewed Ms. Munro-Leighton, she admitted that she falsely identified herself as the author of the letter and its allegations and had only claimed authorship “as a way to grab attention.”[9]  When asked by Committee investigators if she had ever met Judge Kavanaugh, she said:  “Oh Lord, no.”[10]

The letter continues:

As the Committee stressed in each of the referrals issued during and after the investigation into allegations against then-Judge Kavanaugh, investigations in support of the judicial nomination process are an essential part of the constitutional role in confirming judges.  As Committee members, we are grateful to citizens who come forward with relevant information in good faith, even if they are not entirely sure about the accuracy of that information.  But, when individuals intentionally mislead the Committee, they divert important Committee resources during time-sensitive investigations and materially impede its work. Such acts are not only unfair; they are potentially illegal.  It is illegal to make materially false, fictitious, or fraudulent statements to Congressional investigators.  It is illegal to obstruct Committee investigations.
It is important to protect the constitutional process from being hijacked by bad actors involved in insidious partisan operations.  The Committee can bring bad actors to the attention of law enforcement and the American people by being as transparent as possible about its investigative findings.  However, it is up to the FBI and the Justice Department to hold those who mislead Congress accountable for the criminal aspects of their behavior.  The DOJ has not shied away from selectively filing charges against individuals for alleged violations of 18 U.S.C. §§ 1001 in the past.  Martha Stewart, former Illinois governor Rod Blagojevich, and ex-Presidential aide Scooter Libby are just a few individuals who have been charged with lying to federal investigators.[11]  Lying to Congress is and should be treated as an equally serious offense.
The next Supreme Court nominee should not have to defend himself or herself against baseless and fabricated allegations, and Committee staff should not have to spend valuable time investigating them.
Accordingly, please respond to the following no later than October 21, 2019:
    1. For each criminal referral made by the Committee to the FBI, did the FBI open a criminal investigation?  If so, which investigation(s) resulted in a referral to the Justice Department for prosecution?  If not, why not?
    1. For each case that was referred to the Justice Department for prosecution, which cases were rejected and which were accepted for prosecution? 

It will be interesting to see if there is any response to this letter.

Going Back To The Origins Of The Problem

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I’ve done a couple of articles recently on the charges against Brett Kavanaugh (here and here), but there is one fact that is continuously overlooked by people reporting the story. On September 4th, Townhall posted an article with the following headline, “Christine Blasey Ford’s Lawyer: Okay Fine, Protecting Abortion Was Part of Why She Accused Kavanaugh.” What? So it’s okay to attempt to ruin a man’s marriage, career, and life in order to protect abortion?! That’s sick.

Then we have another article from Townhall about The New York Times again bringing up those charges in a new attempt to smear Justice Kavanaugh. But there is a problem. The supposed victim has no memory of the incident described by Max Stier who coincidentally represented Bill Clinton when Clinton was accused of exposing himself to a woman in a hotel room.

This is disgusting, and it needs to end. It is time for Justice Kavanaugh to sue the people making the allegations and demand to see the proof of those allegations. The allegations are at least thirty-five years old, and there seems to be no evidence of a pattern. I suspect that certain Democrat operatives would pay serious money for any woman willing to come forward and charge Justice Kavanaugh with improper conduct some time in the past ten years. However, at this point no one who is paying attention would believe the charges. The Democrat slander campaign has backfired.

A Few Notes On A Previous Post

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Yesterday I posted an article about the latest attack on Justice Kavanaugh published in The New York Times. As more information comes out, it becomes even more obvious that this is a political hit job. Below are a few sources and quotes.

From The Daily Caller today:

The Washington Post passed on a thinly sourced, unproven allegation about Supreme Court Justice Brett Kavanaugh before the New York Times published it in a misleading article in Sunday’s paper that has since been corrected.

From The Federalist today:

The New York Times has finally admitted that the premise of its much-hyped story about an alleged incident with United States Supreme Court Justice Brett Kavanaugh was false, as the alleged victim says she has no recollection of the incident in question.

The admission undermines what was an already weak story of dubious credibility.

From PJ Media yesterday:

On Saturday, The New York Times ran a story repeating allegations that Brett Kavanaugh was drunk at a party in college and had his genitals thrust into a woman’s face. The allegation has not been confirmed, and friends of the alleged victim say she has no recollection of the events. The man telling the story, Max Stier, represented Bill and Hillary Clinton in the 1990s when Bill Clinton was accused of exposing himself to a woman in a hotel room.

The mainstream media used to do investigative reporting. The fact that they no longer investigate allegations against conservatives or Republicans is one of the reasons the alternative media is flourishing. The New York Times story is a prime example of a political hit job disguised as a news article.

As I have previously stated, there should be a penalty for making unsubstantiated allegations against any public figure.

It’s Time For People Making Unsubstantiated Allegations To Pay A Price

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Donald Trump is President and Brett Kavanaugh is a Supreme Court Judge. Those are facts. Unfortunately the political left’s personal destruction machine has been doing its best to undo these facts. The latest charges against Justice Kavanaugh are not even remembered by the person supposedly involved.

The National Review posted an article today about the ‘new’ charges.

The article reports:

If you opened Twitter on Sunday morning, you were likely greeted with the bombshell headline of the top trending news story: “NYT reporters’ book details new sexual assault allegation against Brett Kavanaugh.”

The allegation, Robin Pogrebin and Kate Kelly write in a New York Times story adapted from their forthcoming anti-Kavanaugh book, is this: “We also uncovered a previously unreported story about Mr. Kavanaugh in his freshman year that echoes Ms. Ramirez’s allegation.

I am not repeating the charge because this blog is rated G.

The article continues:

None of these details corroborates her accusation against Kavanaugh. But the story is framed to make it seem like Kavanaugh was the type of privileged jerk who might expose himself in front of an under-privileged college classmate.

As I wrote last October, here’s why Ramirez’s allegation was dubious:

Deborah Ramirez is the Yale classmate of Kavanaugh’s who now claims that Kavanaugh exposed himself as a college freshman at a party. Ramirez’s claim was already dubious because (1) named eyewitnesses deny the allegation and (2) Ramirez herself wasn’t sure in recent weeks if Kavanaugh had done what she now alleges. “Ms. Ramirez herself contacted former Yale classmates asking if they recalled the incident and told some of them that she could not be certain Mr. Kavanaugh was the one who exposed himself,” the New York Times reported. Ramirez was only willing to make the allegation, the New Yorker reported, after “six days of carefully assessing her memories and consulting with her attorney.”

This is a ridiculous attempt to smear a Justice the left does not like. One article I read noticed that the timing of this might be an indication that the left is worried about the health of Justice Ginsburg.

The article concludes:

Pogrebin and Kelly write that a couple of students say they had heard about the alleged incident in the days after it allegedly occurred, but the authors provide no indication there is any first-hand witness to corroborate the allegation. 

We already knew before Kavanaugh was confirmed last October that the “corroborating” source for Ramirez’s claim, classmate Kenneth Appold, was not present when the alleged incident occurred, but Appold told the New Yorker he was “one-hundred-percent-sure” he heard about it from an eyewitness. Shortly before Kavanaugh was confirmed, the New Yorker reported that Appold’s supposed eyewitness “said that he had no memory of the incident.”

Maybe Pogrebin and Kelly’s book is stronger than their essay. But I’m skeptical. “In the end they turn up no smoking gun,” Hanna Rosin writes in her New York Times review of the book.

Until there is a penalty paid for unsubstantiated charges, the accusations will continue. For further information about the validity of the charges against Justice Kavanaugh and the motives behind those charges see this September 4th article at Townhall. The people behind the false charges need to pay a price.

When You Lose One Fight, Revisit Another One

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It hasn’t been a good couple of weeks for angry Democrats and Trump-haters. The Mueller Report was just not useful in the quest to impeach President Trump, the economy is doing better than expected, unemployment is low, the stock market is high, and the workforce participation rate is slowly climbing back to pre-2008 levels. Meanwhile, President Trump’s rallies are extremely well attended. So what can an angry Democrat do now? Rewrite history and get angry at Justice Kavanaugh.

The Washington Free Beacon posted an article yesterday with the headline, “Dark Money Leftist Group Runs Facebook Ads Targeting Kavanaugh.” The man was confirmed, the allegations were never proven, there was a lack of consistency in the story told, and Justice Kavanaugh is considered innocent until proven guilty. It’s time to let it go.

The article reports:

A dark money progressive organization hoping for a leftward turn on the courts is targeting Justice Brett Kavanaugh with advertisements, suggesting the Court is illegitimate following his elevation last October.

“Brett Kavanaugh’s performance during his testimony in front of the Senate was a disgrace. His blatant partisan attacks and hostile behavior towards senators calls into question his ability to serve as a fair and impartial judge. His conduct undermines the legitimacy of his decisions and the entire Supreme Court,” the ad reads.

“We’re calling on Congress to open an investigation into Kavanaugh right now.”

Other ads by the group Demand Justice alleged there was “overwhelming evidence that Supreme Court Justice Brett Kavanaugh committed perjury during his confirmation hearings before the Senate” and also urged George Mason University to “fire” Kavanaugh from teaching a summer course at the Virginia school.

The article concludes:

Carrie Severino is chief counsel and policy director of the Judicial Crisis Network, which, according to its website, advocates for the rule of law consistent with the “Constitution and the Founders’ vision of a nation of limited government.”

She says Democrats and others on the left failed at phase one and two of their campaign, to delay and then defeat Kavanaugh’s nomination, and have moved on to phase three: discredit.

“Knowing that they failed even with historic levels of dirty politics, smear campaigns to get him off the court, they’re hoping they can discredit him at every future decision that he makes,” Severino told the Washington Free Beacon.

“It’s the last refuge of scoundrels,” she added later. “If you can’t actually win on the merits of your arguments, you can’t say ‘well, he’s wrong on the law,’ and then explain your constitutional or legal reasoning, then you just go for ad hominem attacks. This is a variation of that theme.”

Requests for comment to Demand Justice were not returned.

If this continues, is anyone going to want to accept an appointment to high office or want to work for the government? The group can buy all of the ads they want, but the American people need to be smart enough to ignore those ads and make them a waste of money.

Hanging On To A Lie

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Townhall posted an article today about Justice Brett Kavanaugh being hired by George Mason University to co-teach a course this summer called Creation of the Constitution in Runnymede, England, where the Magna Carta was sealed 800 years ago.

The article reports:

Some George Mason University students and faculty have become triggered. One student told George Mason’s Board of Visitors, “It has affected my mental health knowing that an abuser will be part of our faculty.” Another said, “The hiring of Kavanaugh threatens the mental well-being of all survivors on this campus.” The Washington Post reports that a petition to fire Kavanaugh has gathered almost 3,500 signatures and has the endorsement of George Mason Democrats. GMU students have created separate forms for parents and alumni to pledge that they will not donate to the university so long as Kavanaugh is teaching.

Note to parents and students protesting–the charges were investigated–they did not hold up. Justice Kavanaugh was cleared in the investigation. Why are you still holding on to something that has been proven false?

The article concludes:

GMU students and faculty may also be disturbed about what Justice Kavanaugh is going to teach. In the course, Creation of the Constitution, he will explain how much the Magna Carta influenced the founders of our nation. The 1215 Magna Carta limited the power of central government and it forced a reigning monarch to grant his English subjects rights. It contained a list of 63 clauses drawn up to limit King John’s power, resulting in making royal authority subject to the law instead of reigning above it. It laid the foundations for limited constitutional governments, an idea offensive to most leftists.

I guess if you are cleared of a crime, it doesn’t count if you are a conservative.