Monday, September 17, 2018

Sexual Misconduct and the Supreme Court: The Tie That Binds

The Old Boys Club at the Supreme Court of the United States of America is about to consider welcoming another Good Old Boy to its ranks. A sexual predator Good Old Boy.

Justice Clarence Thomas, forever branded as “Long Dong Silver” for his sexual remarks and unwanted invitations to Anita Hill leading up to the early 1990s, may soon have company.

If either Trump or the Scotus candidate doesn’t lose his nerve.

Readers may recall that during his confirmation hearings, Thomas was also accused of sexual harassment by Lillian McEwen and by Angela Wright and Sukari Hardnett of the EEOC, all three of whom were familiar with Thomas’s employment management of attractive young black women who worked under his supervision: they were “inspected and auditioned as females.”

Unfortunately, these accusations were not aired publicly due to the timidity of the Democratic Senators who sat on the Judiciary Committee.

Let us remember that Thomas’s response to Anita Hill’s accusations was to label the Senate Judiciary Committee’s hearings as a “high-tech lynching,” not that there was anything high-tech about Hill’s testimony or Thomas’s purported conduct.

Thomas squeaked onto the court, but just barely, much as Brett Kavanaugh hopes to do in the coming weeks.

But now Kavanaugh must contend with an accuser who alleges he tried to rape her, and she has bravely elected to emerge from anonymity to make her accusations publicly. That courageous soul is California psychology professor Dr. Christine Blasey Ford, who was 15 years old one fine summer evening back in 1982 when she went to a party at the home of a private school friend in suburban Maryland, and drank a bottle of beer. Then two “stumbling drunk” 17-year-olds, entitled buddies who attended Georgetown Preparatory School—Brett Kavanaugh and his good friend Mark Judge—corralled Christine “into a bedroom” and locked the door.

They also turned up the music so that the other teens at the party could not hear what was occurring, and Kavanaugh “pinned [Ford] to a bed on her back and groped her over her clothes.” The terrified young girl next experienced Kavanaugh “grinding his body against hers and clumsily attempting to pull off” her clothing. He put his hand over her mouth when she tried to scream for help. She thought he would kill her.

Instead he tried to rape her.

Let that sink in. The current candidate for appointment to the U.S. Supreme Court did his best to rape a 15-year-old when he was 17. He attempted to use his superior strength with the aid of a male friend to force a child to summit to him sexually.

Young Christine escaped only because the other boy “jumped on top of them,” enabling Ford to break free and lock herself into a nearby bathroom, safe from further attack. The two visibly drunk boys then sauntered downstairs to rejoin the party, and Ford fled the house and walked home, stunned and traumatized.

Ford referred to the incident only generally until she began couples therapy with her husband six years ago, at which time she described the events as a “rape attempt.” Her husband Russell Ford confirmed that during the therapy his wife had mentioned Kavanaugh’s name. Mr. Ford also remembered that Christine Ford “voiced concern that Kavanaugh,” already a federal appeals court judge, “might one day be nominated to the Supreme Court.”

Lo and behold, that day has arrived, and the lady has elected to publicly out herself in a gesture that has inevitably put her in the crosshairs of thousands of people who hope to tell her a thing or two as Judge Kavanaugh waits to advance through his much anticipated confirmation for the Supreme Court.

This after Christine passed a polygraph test administered by a former FBI agent. Not a bad recommendation for ascertaining the truth of the matter.

And Ranking Member Senator Diane Feinstein of the Senate Judiciary Committee has referred the matter to the FBI for further investigation, although the referral is absent an official imprimatur from the Oval Office, which absence could impede the progress and credibility of the investigation. Trump refuses to affirm the Rule of Law, hardly a surprise to most of the country.

Whoa . . . . Brett, my boy, you really ought to withdraw your name to prevent any further besmirching. Your reputation has already taken a couple of direct hits during the Senate Judiciary Committee’s televised hearings in that

(1) you attempted to prevent a pregnant illegal immigrant from obtaining an abortion, using a twisted and erroneous interpretation of previous Supreme Court rulings and Texas law, and

(2) your earlier writings indicate that you believe some legal scholars don’t consider Roe v. Wade to be precedent or settled law.

You seem to think that coaching your two daughters’ basketball teams is sufficient to prove your bona fides in the art of counter-misogyny. (I beg to differ.)

These matters land Kavanaugh directly in the path of the #MeToo movement, which took off like a roman candle over a year ago and has already caused the resignation of Ninth Circuit Appeals Court Judge Alex Kozinski, one of Kavanaugh’s mentors who hired young Brett as a law clerk and helped our gallant young judge also obtain a clerking job with retired Scotus Justice Anthony Kennedy.

Kennedy, we recall, just resigned from the high court in time to give our youngster Brett the opportunity to replace him.

Sound fishy? We think so. Smells to high heaven.

So apparently do some of the generally unconcerned Republican Senators such as Jeff Flake (AZ), Lisa Murkowski (AK), and Susan Collins (ME), who as of yesterday favor the open testimony of both the accuser and the accused before the Senate Judiciary Committee now scheduled to reconvene Monday, September 24th (regardless of whether the FBI has had a genuine opportunity to investigate the matter and recommend the inclusion of additional witnesses).

When Kavanaugh learned—to his great surprise—about the numerous allegations against Judge Kozinski, our boy was shocked! shocked! to hear about the touching, inappropriate sexual comments, and forced viewings of pornography by female employees in Kozinski’s chambers. Why Kavanaugh had been unaware of these goings on when he was employed in those chambers was never explained as he testified recently to the Judiciary Committee, i.e.:

“When [the allegations] became public, the first thought I had was no one should be subjected to sexual harassment in the workplace ever—including in the judiciary, especially in the judiciary.”

Further, said Kavanaugh, the allegations against Kozinksi “are part of a broader national issue,” and “there should be a better system for reporting harassment in the workplace.”

Kavanaugh added that he supported Chief Justice John Roberts’ “establishment of a working group to tackle issues with sexual harassment in the judiciary.”

“I’m interested in doing everything I can to assist those efforts to make those workplaces safe,” said our golden boy.

That he tried his drunken best to rape a teenager when he was an entitled preparatory school student is apparently not part of the discussion.

But it will now become part of the reopened hearings before the Senate Judiciary Committee, and maybe, just maybe, Brett Baby will have the good sense or humility to withdraw his nomination and slink back to the D.C. Court of Appeals to rejoin the far better qualified and morally fit Chief Judge Merrick Garland.

Although I wouldn’t count on it.

After all, think of all the topics about which Judge Kavanaugh lied or prevaricated during the Judiciary Committee hearings that have just taken place:

(1) whether during his employment in the George W. Bush administration, Kavanaugh was in receipt of stolen material from numerous emails, draft letters and memos laying out the legal arguments Democrats were going to make regarding Bush’s judicial nominees;

(2) whether in 2003 Kavanaugh coordinated meetings with and about Charles Pickering, who had been nominated for a judgeship on the Fifth Circuit Court of Appeals, by drafting remarks, letters to people on the Hill, and at least one op-ed for then-White House counsel Alberto Gonzales about Pickering, advised Gonzales on Pickering strategy, and much more;

(3) whether in 2006 the good judge received documents stolen from the Senate Judiciary Committee during his confirmation hearings for the D.C. Circuit Court of Appeals; and

(4) whether Trump has “consulted more widely, or talked with more people from more backgrounds, to seek input about a Supreme Court nomination” than any other president (dear reader, try not to choke).

Hence, depending upon the outcome of the new hearings on the Kavanaugh nomination and the Senate’s confirmation vote, come the first Monday in October or thereafter, Brett and Clarence may well form the nucleus of their extra-special club for Justices on the #MeToo list of offenders. For life.

[Updated September 18]

Saturday, September 8, 2018

I Wrote the “Anonymous” Op Ed (and I’m Not Sorry)

As Donald Trump fulminates and threatens his entire senior staff with dire consequences if it doesn’t disclose the identity of the person who authorized the anonymous publication of a highly critical Op Ed in The (non-failing) New York Times earlier this week, no one in his right mind suspects me.

Nor will they.

That’s right. I’m the culprit. Working right under the great man’s nose.

Trump has accused me of treason (J’Accuse!). I don’t think so. My actions are helping keep Trump from nuking North Korea, Iran, and/or Syria. And assassinating Assad. And invading Venezuela. Among other unthinkables.

And that is not treason. That is protecting America from making terrible irreversible errors that could blow up or disorder much of the world.

Dozens of senior White House staff officials plus the Director of the FBI and the Secretary of State have signed letters attesting to their innocence in this affair.

Well and good. If they want to protect their rear ends, more power to them. But if they want to see the return of good governance in our executive branch, good luck to them in this Crazytown of an executive branch with a madman in charge obsessively running off at the mouth with ignorant riffs and understanding little to nothing about the nuts and bolts of operating a republic.

Senator Rand Paul—he of little valor and many bruises from his next-door neighbor—and an admitted addict of Ayn Rand (another Crazytown leader of her own cult not unlike that of the Orange One), wants all White House staff to take polygraphs. Not on your tintype.

Just imagine:

First question: “Are you now, or have you ever been, a mole for The New York Times.” The penalty for answering untruthfully? The blacklist, the hole, bread and water, LOCK HIM UP, the guillotine. Send him to North Korea tied to a nuclear missile. Shoot him in broad daylight on Fifth Avenue. In front of Trump Tower.

Donald Trump is apparently attempting to coerce all senior staff into signing an affidavit that they did not write the damning Op Ed. As if such affidavits—if found to be false—would be binding or provide for penalties of any kind save, no doubt, being fired.

Pundits disagree as to whether Anonymous is a hero or a villain. I opt for hero. It takes courage in the Era of Trump to call a spade a spade, to out the nasties in the White House and the full range of despicable, dangerous acts that Trump considers to be the province of governing as chief executive.

We all know the truth as revealed in recently published books by Michael Wolff (Fire and Fury: Inside the Trump White House), Omarosa Manigault Newman (Unhinged: An Insider’s Account of the Trump White House), and now Bob Woodward (Fear: Trump in the White House).

And there are tapes to back up numerous allegations in these books. Plenty of them.

So, Dear Leader in the Oval Office:

Quit fulminating and try mitigating some of your dangerous, ignorant, destructive conduct. Try learning from your aides, some of whom have done heroic things to keep the ship of state on reasonably even keel as the world watches your efforts to sink it.

Shape up or ship out.

Preferably the latter.

I will not cease exposing the worst of your continuing head-turning errors in the White House, just as I will not cease trying to make things better.

The rest is up to you.

Bon voyage.