Kavanaugh vs Democrats

Discussion in 'Politics' started by Tay Bang, Sep 2, 2018.

  1. Tay Bang

    Tay Bang Impending Mean Girl

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    Mueller Probe Shadows Kavanaugh as Democrats Press Questions
    Greg Stohr
    Sep 01 2018, 4:00 AM
    Sep 02 2018, 2:16 PM


    (Bloomberg) -- Special Counsel Robert Mueller’s investigation will hang over next week’s Senate hearing for Brett Kavanaugh, who may help decide the Russia probe’s fate if he’s confirmed to the U.S. Supreme Court.

    Democrats, making a longshot bid to derail President Donald Trump’s second nominee to the high court, say they will press Kavanaugh on writings and comments that hint at how he might rule on issues affecting Mueller’s probe of interference in the 2016 election.

    Mueller Probe Shadows Kavanaugh as Democrats Press Questions
    Those comments include doubts Kavanaugh once expressed about the 1974 Supreme Court decision that forced President Richard Nixon to turn over secret White House tape recordings. Kavanaugh has also called on Congress to pass legislation to shield sitting presidents from criminal investigations while in office.

    Kavanaugh’s Senate Judiciary Committee hearing, set to start Tuesday, comes as Mueller’s investigation and a separate probe by federal prosecutors in New York put increasing pressure on Trump. On Aug. 21 prosecutors won the conviction of former Trump campaign chairman Paul Manafort on tax and bank-fraud charges and secured a guilty plea from the president’s former personal lawyer, Michael Cohen.

    The prospect that the Supreme Court might eventually rule on key issues in the investigation is putting the focus on Kavanaugh’s extensive record, which in places can appear contradictory. Many Democrats say Kavanaugh’s views on presidential investigations are grounds for opposing his confirmation.

    From Cohen to Collusion, Tallying Trump’s Legal Risks: QuickTake

    "At this moment in our nation’s history, the Senate should not confirm a man to the bench who believes that presidents are virtually beyond accountability, even in criminal cases," Senate Democratic leader Chuck Schumer of New York said on the Senate floor the day after the Manafort and Cohen developments.

    Democrats, though, lack the votes to block Kavanaugh’s confirmation without Republican defections in the Senate, which the GOP controls 50-49. Republicans want to confirm Kavanaugh before the new high court term begins Oct. 1. Kavanaugh worked as a lawyer in President George W. Bush’s White House before becoming a federal appeals court judge in 2006.

    Kavanaugh’s questions about the Nixon tapes ruling came during a lawyer roundtable discussion almost two decades ago. The ruling, which led to Nixon’s resignation to avoid impeachment, unanimously rejected his claim that executive privilege protected him from having to release the tapes to a special prosecutor.

    “Maybe Nixon was wrongly decided -- heresy though it is to say so,” Kavanaugh said in a discussion published by The Washington Lawyer in 1999. “Maybe the tension of the time led to an erroneous decision.”

    ‘Greatest Moments’
    He offered a different perspective in a 2016 Catholic University Law Review article. He listed the Nixon ruling and three other decisions in saying that "some of the greatest moments in American judicial history have been when judges stood up to the other branches, were not cowed, and enforced the law."

    Kavanaugh almost certainly will be asked to explain the apparent inconsistency.

    "There are various ways by which these two sets of remarks could be reconciled," said Ilya Somin, a constitutional law professor at George Mason University’s Scalia School of Law. "Or you could just say it’s possible that he’s changed his mind over time. The answer seems like it could be pretty important."

    Kavanaugh will also face questions about a 2009 law review article in which he suggested Congress should insulate the president from criminal investigations while in office. The article didn’t explicitly say whether, in the absence of action by Congress, a president would have to comply with a subpoena or submit to an interview with a prosecutor.

    "What he advocated was that Congress pass laws," Somin said. "If Congress has to pass laws, that suggests that he doesn’t necessarily believe that the Constitution by itself precludes such investigations."

    ‘Unitary Executive’
    Some Kavanaugh critics say they worry he would embrace what has become known as the "unitary executive theory," which in its most far-reaching form says that all executive branch power lies with the president.

    That would meant the president "can’t have committed obstruction of justice virtually no matter what he does," said Neil Kinkopf, a law professor at Georgia State University. "The implications for the Mueller probe are immediate and dramatic."

    Others say there’s no reason to think Kavanaugh would go that far. Ed Whelan, president of the conservative Ethics & Public Policy Center, said Kavanaugh’s approach is "quite conventional," similar to views expressed by Democratic-appointed Justice Elena Kagan.

    "It’s an allegation that’s obviously designed to link Kavanaugh to the problems that President Trump is facing," Whelan said. "But there’s nothing in Kavanaugh’s record and nothing in any supposed relationship between the White House and Kavanaugh that substantiates that."
     
    • Ancient Reptile

      Ancient Reptile Senior Member

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      So far the Dems have scarcely laid a glove on him. So even if Murkowski and the Maine senator vote against him, if they keep their mouths shut until Scott and McCaskill are forced to vote, he will pass. Mccaskill and Scott will lose if they oppose him. Heitkamp is a dead certain loser if she votes"no". Even Manchin would see his big lead shrivel with a no vote.
       
      • Gator Fever

        Gator Fever Senior Member

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        • ChiefGator

          ChiefGator A Chief and a Gator, Master of the Ignore list!!!!

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          I understand that the allegations go back to high school, if so I am actually outraged that anybody would even listen to such. I don't trust anybody who insists on not being identified at least to me. I hope he will get a vote, and be confirmed.
           
          • g8r.tom

            g8r.tom Well-Known Member
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            Kavanaugh
             
            • Windy City Gator

              Windy City Gator Well-Known Member

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              Party line will prevail.
               
            • g8r.tom

              g8r.tom Well-Known Member
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              Actually I bet he gets a few D votes.
               
            • Gator Fever

              Gator Fever Senior Member

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              Some lefty probably claiming he gave her a hug in high school without permission.
               
              • gatorplank

                gatorplank Well-Known Member

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                Dems will raise hell on earth if they think Roe vs. Wade is in jeopardy of being overturned. There is no low they won’t go to if their sacred ruling by the SCOTUS is in jeopardy.
                 
                • Blacklabgator

                  Blacklabgator Lurking Member
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                  Wait until Trump replaces RBG
                   
                  • gardnerwebbgator

                    gardnerwebbgator Deplorable
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                    #metoo bull**** in 3.....2.....1.....
                     
                    • g8r.tom

                      g8r.tom Well-Known Member
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                      If that comes to happen, it will be LOADS of fun watching the left explode.
                       
                      • g8orbill

                        g8orbill OldGator
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                        the dems realized they could not stop his approval so they come up with some sham letter that says he fondled his underage girlfriend after the prom while in high school- hell I had sex with mine
                         
                      • Lake Gator

                        Lake Gator SUBMARINERS GO DEEPER
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                        Don't plan on becoming a federal judge.
                         
                        • EyeDocGator

                          EyeDocGator Politically Incorrect
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                          The Anti-Federalists Warned That the Judicial Branch Would Imperil Liberty
                          The ironic intersection of the Democrats' delay strategy and the Anti-Federalist papers.

                          Right after Chairman Charles Grassley set a Judiciary Committee vote on Brett Kavanaugh, I read that Democrats were expected to try to delay it until as late as September 27. That was consistent with Democrats’ “leave no stall untried” approach at his hearings and the subsequent Feinstein-FBI finesse. However, that date would also be ironic.

                          That is because the date marks publication of the first of the Anti-Federalist Papers in 1789. Meanwhile, Kavanaugh’s opponents are providing proof that the government abuses Anti-Federalists warned of, enabled by the courts, have come to pass.

                          What the Anti-Federalists Had to Say
                          Anti-Federalists, whose objections led to the Bill of Rights, feared that the Constitution’s checks would be undermined by expansive court interpretations, enabling a federal government with unwarranted and undelegated powers that were bound to be abused.

                          Writing as Brutus in the debates over the Constitution, he asserted that the Supreme Court would become a source of massive abuse because they were beyond the control of “both the people and the legislature.”

                          Among the most insightful of the Anti-Federalists was Robert Yates, a New York judge who, as a delegate to the Constitutional Convention, withdrew because the convention exceeded its authority. Writing as Brutus in the debates over the Constitution, he asserted that the Supreme Court would become a source of massive abuse because they were beyond the control of “both the people and the legislature.”

                          Brutus argued that without true constitutional grounds for rulings, the Court would create them “by their own decisions,” through manipulating the meanings of arguably vague clauses. The court would interpret the Constitution according to its alleged “spirit” rather than according to its words (as enumerated rights, spelled out in the Tenth Amendment, would require).

                          Brutus' Predictions
                          Brutus predicted that the Supreme Court would adopt “very liberal” principles of interpretation because there had never in history been a court with such “immense powers,” which was perilous for a nation founded on consent of the governed. It could easily empower “creative” rulings with “the force of law,” due to insufficient ability to “control their adjudications” and “correct their errors.” This failing would compound over time in a “silent and imperceptible manner,” through precedents building on one another.

                          Anyone who knows the history of reinterpretation of the separation of powers, the commerce and takings clauses, and much of the Bill of Rights, among other examples, knows that Brutus was right.

                          In summary, Brutus argued that overly broad judicial readings would empower justices to shape the federal government and its limits as they desired over time, regardless of the Constitution’s words, because the Court’s interpretations would remake them. And that would hand the courts the power to be the most dangerous branch, contradicting Alexander Hamilton’s Federalist 78 assertion to the contrary. Anyone who knows the history of reinterpretation of the separation of powers, the commerce and takings clauses, and much of the Bill of Rights, among other examples, knows that Brutus was right.

                          In our modern “Brutalized” world, among the greatest fears are judges who might move us back toward our Founders’ vision of citizens’ rights and limited federal power, toward treating the Constitution as being a higher law than subsequent distortions.

                          Back to Brett
                          Kavanaugh may become such a Justice. That explains Democrats’ “every dirty trick in the book” opposition to seating him and their campaign to make Americans “afraid, very afraid” that Kavanaugh might undermine some of the Constitutional abuses Democrats most wish to retain.

                          That is why trying to delay a Senate vote is just another tactic to kill his nomination. But if the irony of the date awakens people to the insights of the Anti-Federalists and the wide variance between Democrats’ desires and citizens’ Constitutional protections, it would provide the further irony of eviscerating their own position.
                           
                          • Okeechobee Joe

                            Okeechobee Joe Lost Ball in High Grass
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                            Just a few hours ago Christine Blasey Ford has revealed herself as the previously anonymous accuser of Bret Kavanaugh. She said when she was in high school she was sexually assaulted by heavily intoxicated Kavanaugh. She is now a psychology professor from California and her story is believable. Kavanaugh has categorically denied it. The categorical denial is what is going to do Kavanaugh in and it looks like his bid to become the next Supreme Court Justice will be derailed.

                            Senator Diane Feinsteint (D-CA) has known. about this allegation for months. But she has waited to the eleventh hour to make it public. I believe Feinstein had a sinister plot from the beginning to let the clock run as close as it could to the November election. That way Trump would not have enough time to get another nominee through in time before the next election takes place. With a hoped for Democratic majority in the Senate and given the nuclear option, the Senate would be able to stonewall any new Trump nominee.
                             
                          • EyeDocGator

                            EyeDocGator Politically Incorrect
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                            This gambit didn't work for Anita Hill.
                             
                          • EyeDocGator

                            EyeDocGator Politically Incorrect
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                          • Okeechobee Joe

                            Okeechobee Joe Lost Ball in High Grass
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                            That was years ago. Clarence Thomas was black and he described the hearings as a modern day lynching. Kavanaugh is a Trump appointee and in the Democrats mind Trump is serial sexual assaulter. Kavanaugh comes across as something of an elitist frat boy. The Democratic sharks are circling.
                             
                          • ChiefGator

                            ChiefGator A Chief and a Gator, Master of the Ignore list!!!!

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                            Why is it believable? Did he have a rep of drinking or going to such parties. Sure she probably believes it happened, and passed a lie detector test.

                            Now even if true does it offset decades of good conduct and excellent decisions from the bench? I vote it is irrelevant even if true, and I really don't believe it either.
                             

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