I tried watching the Brett Kavanaugh confirmation hearing for a while this morning. In particular, I watched some of the questions California Democrat Diane Feinstein, the ranking member of the Senate Judiciary Committee, wanted answered. I came away from the experience highly annoyed. Kavanaugh was frustratingly weasel-like in his responses– overly rehearsed, intent on wasting Feinstein’s limited time, and dripping with insincerity.
In the following exchange, Kavanaugh simply refused to commit to the idea that a sitting president is legally and constitutionally obligated to respond to a court-issued subpoena.
Sen. Feinstein: "Can a sitting president be required to respond to a subpoena?"
Supreme Court nominee Kavanaugh: "That's a hypothetical question … As a matter of the canons of judicial independence, I can't give you an answer on that hypothetical question." pic.twitter.com/tQp1VHu4GT
— NBC News (@NBCNews) September 5, 2018
Prior to that specific response, Kavanaugh was at pains to explain away his prior speculation that the United States v. Nixon decision was wrongly decided. He noted that he often listed that case, along with Madison v. Marbury, Brown v. Board of Education of Topeka, and the Youngstown Sheet & Tube Co v Sawyer rulings, as one of the four greatest decisions in the history of the Supreme Court. I suppose that was meant to be encouraging.
In the same vein, he deflected questions about his respect for stare decisis on abortion rights by going on and on about how Planned Parenthood v. Casey had bolstered Roe v. Wade as precedent. That’s intended to hold the critical votes of “pro-choice” Republican senators Susan Collins of Maine and Lisa Murkowski of Alaska, but the Republicans aren’t ramming home Kavanaugh’s nomination to get another David Souter or Anthony Kennedy on abortion rights.
All of that was packed into the fifteen minutes I watched, and it was enough to sicken me. We’ll all look back on those fifteen minutes and say that he deliberately misled the committee and the nation in order to get confirmed. But he’ll have a lifetime appointment and won’t give the slightest damn.
Here’s what he told Sen. Feinstein had been taken out of context:
Supreme Court nominee Brett Kavanaugh once suggested that the Supreme Court decision that forced President Nixon to turn over the Watergate tapes may have been “wrongly decided.”
Kavanaugh was taking part in a 1999 roundtable with other lawyers, according to The Associated Press. The conversation was documented in a decades-old Washington Lawyer magazine article—one of thousands of documents Kavanaugh handed over to the Senate Judiciary Committee on Saturday as part of the confirmation process…
…U.S. v. Nixon restricted the president’s ability to claim executive privilege in order to avoid handing over information as part of a criminal investigation. “But maybe Nixon was wrongly decided—heresy though it is to say so,” Kavanaugh reportedly said at the roundtable, which took place in the wake of Kenneth Starr’s investigation into President Bill Clinton.
“Nixon took away the power of the president to control information in the executive branch by holding that the courts had power and jurisdiction to order the president to disclose information in response to a subpoena sought by a subordinate executive branch official…Maybe the tension of the time led to an erroneous decision.”
Later on in the discussion, he suggested that the court should have stayed out of the decision altogether: “Should U.S. v. Nixon be overruled on the ground that the case was a nonjusticiable intrabranch dispute? Maybe so.”
Does that sound like a man who thinks U.S. v. Nixon was one of the greatest decisions in the history of the Supreme Court?
But that was his defense. He didn’t walk back his prior assessment at all.
As with everything else Trump touches, this has turned to shit. Kavanaugh is probably a crook. Its all that Trump knows to nominate.
There appears to be a fast approaching consensus that you can’t indict a sitting president.
You can sure as shit indict a sitting judge even if it is rare.
yeah, he’s a total liar. His answer to Feinstein was ridiculous, and it was good to see her call him out for that ludicrous filibuster.
Ya know, music is finally picking up here in Nashville, but every day I am more and more certain that moving to Montreal is my best bet.
Yep, he lied. There will always be the real possibility he will lie again and eventually end up being the first SC judge impeached for lying to congress.
that will happen around the same time I grow a propeller out of my belly button and fly myself to Aruba.
Watched that too. Kept wishing they could waterboard him but then realized he’d just frustrate those interrogators as well.
Someone who is that good at evading a straight up question has nothing but snail pus for character.
In Tuesday’s segment, Rachel Maddow pointed out that Sen. Durbin had written to the then Attorney General that J. Kavanaugh seems to have made false statements in his 2006 hearings.
Later Sen. Leahy had asked DoJ to open an investigation. The DoJ person wrote back that internal findings showed NO misconduct.
It seems his lies have gone unchecked for over a decade now. In the “tension of this time” (to paraphrase him), it seems like we are very far from blind justice!
On a milder, but still telling, note, I read this about KKKavanaugh (with his gang-signing white supremacist buddy sitting behind him yesterday):
“Brett Kavanaugh just said he “grew up in a city plagued by gun violence, and gang violence, and drug violence.”
Brett Kavanaugh is from Bethesda, Maryland, and went to Georgetown Prep for high school. (h/t @nfernandez_92)”
We all knew that KKKavanaugh was particularly dirty due to his work with WBushCo. Clearly he’ll lie about ANYTHING, including where he grew up.
Sheesh. We’re doomed. The GOP are licking their chops at getting this lying crook on the Supremes.
Bethesda Maryland is a suburb of Washington DC. It is extremely rich but is very near to DC.
The statement is not unlike someone from River Forest IL saying he grew up in Chicago. Chicago (albeit not the gun plagued violent part) is literally across the street from River Grove (at one corner).
People do associate themselves with the nearby big city.
However, I couldn’t find anything comparable in Los Angeles or New York City. In both Bethesda and River Forest one can drive literally one mile out of town and be in a high crime area. Definitely gang territory in the case of River forest. Of course, with River Forest being a favored home of Mafia Dons …
I think Josh Marshall sums him up perfectly
https://talkingpointsmemo.com/edblog/kavanaugh-raised-in-a-test-tube-for-the-high-court
What I found most frustrating is that after that giant word salad, Feinstein thanked him for being forthcoming. I’m horrified to watch as Democrats fight without fighting and are utterly clueless about messaging. Old school types like Feinstein and Schumer are either feckless, clueless or insincere. Maybe all three.
I’ll go with all three. But in the end we know what the result will be. Makes me wonder why they bother other than to have the weasel on the record mealy mouthing his way in.
I was really hoping the dems would find the wherewithal and balls to walk out in unison, on principle. The entire thing is a sham, and if this is all up to Republicans why be used like that, especially if they’re not going to really go after that Forrest Gump of politics, instead “thanking him” for his participation. Please sir, may I have another?
Can’t even make a polite but truthful statement that he’s evaded the questions and been willing to speculate on other matters when it might be in his interest to do so?
It’s this type of weak behavior and, yes, poor messaging, that drives me crazy. Aren’t they willing to fight for us?
No. Time and time again they have demonstrated dispositively that they will not fight for us. The stakes do not matter. They are comfortable wielding little power and are cowards. Even when inthe majority (even super majority), they permit the Republicans set the terms of the debate and are unable to offer even a modest reactive messaging capacity. Forget about proactive.
Feinstein gave that POS a pass stating that he could not provide the Committe with an answer to how he would vote in fundamental non-hypothetical matters, claiming the he would feel a responsibility to vote consistently with such an answer while on the Court and that would constitute unacceptable bias or quid pro quo for his vote. Merely-mouthed weak Feinstein utterly failed to articulate the completely obvious rejojnderbthat Trump has indeed said that overturning Roe v Wade was his litmus test for selection or the Court. By failing to push him to disclaim his clear intention to vote for the overturn or Roe v Wade, she let that cynical hypocrite off without an effort to reveal his hypocrisy for all yo see. Her performance was as absolutely shameful.
Unfortunately, the problem is people — supposedly progressives — defend this feckless leadership no matter how clear their incompetence. Always keeping the powder dry. Always losing.
She apologized to him for his having to listen to protesters.
This is a civilized comment section so I can’t say what my response to this is.
Not watching. Reading little. Have to protect my own sanity. Spending my energy on working to win elections in my swing state.
Exactly- plenty of others can document the atrocities.
After his shameful show yesterday, when he turned his back on Guttenberg’s handshake, I’m surprised he has the nerve to show up. His words are meaningless, and his actions speak volumes.
He’s getting good questions from the Democrats, but they can’t compete with the constant lavish praise from the Right. I don’t foresee him being stopped and I expect he’ll be seated as soon as possible. McConnell and Co. get their way again, and the American public suffers.
That Kavanaugh is being considered at all, and will likely end up on the SC, is really banana Republic type shit. I remember a time whe dictators under investigation or suspicion of illegal activity and corruption would appoint judges to absolve them and negate their crimes. Kavanaugh or any “judge” nominated by Trump shouldn’t be considered while he is the subject of potentially criminal investigations.
https://www.nytimes.com/2018/09/05/opinion/trump-white-house-anonymous-resistance.html
Will any Dems ask him to recuse himself from criminal matters involving the President, and, if not, what the f$&@ is wrong with these people who supposedly represent us?
Blumenthal asked him to and he refused. That’s all you need to know about what’s coming. What say you, Mueller, the Republican with all the evidence who is the only person who can halt this process before we’re all f’d? Nothing but silence…. stop putting your hopes on a lifelong Republican, folks. Dems need to forge ahead with their own message and not wait for a report that is increasingly less likely to ever be viewed by the public. Wake up! Mueller is not your hero!