Brett Kavanaugh

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The left has a rich history of politicizing and undermining the autonomy of the Supreme Court. Democrats put litmus tests on their sides appointments, and accuse the other side of doing the same -- but the truth is the right does not have to: their side fight for Constitutional originalism which limits federal power, while the left fights for activists who will invent laws from the bench (thus they need to know what those laws might be). This started with Samuel Chase and impeachment from the court in 1803 over judicial overreach and bad behavior. But in modern times the left invented slow rolling the other sides appointments, or outright blocking them on specious grounds. Then they invented the concept of "Borking" which is inventing lame excuses to slander justices to get them to withdraw, and undermine what is clearly a Presidential power. Ted Kennedy had actually tried it on Bill Rehnquist, immediately before Bork, but it had failed -- but the success of Bork'ing Bork, got them to repeated the effort with Douglas Ginsburg (successfully), and Clearance Thomas (unsuccessfully), and they still harass Thomas as a sexual deviant or Uncle Tom to this day. The latest was over Brett Kavanaugh. The far left had pre-printed posters to hate on whichever of the dozen Justices that Trump picked -- not for actual flaws in their character, or over bad rulings/behavior, but because they don't like constitutionalists on the court, and they were trying to get the Republicans back over their anger at not getting Merick Garland. They even leaked press releases with "{Insert Justice's Name Here}" in place of the actual justices name by accident. This wasn't about who was picked, it was that the far left (and their media) wasn't getting to stack the Supreme Court with anti-Constitutional radicals and so they found a far left activist to invent an unprovable claim of sexual harassment (back in the 10th grade: 36 years ago), and turned the process into a #metoo witch hunt.


Merrick Garland
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Merrick Garland was a progressive judicial pick, that had the poor fortune of being picked by an unpopular President at an improper time: after his party had promised on multiple occasions that Supreme Court judges should not be placed during an election year. The Republicans force-fed the Democrats their wishes... and the Democrats went along because they thought their anointed Hillary would win the election, and they'd get to parlay into an even MORE leftist Judge (like Barack Obama, in exchange for his support of her). They lost, and had post-election meltdown that their gamble didn't work out the way they wanted, while ignoring that 30 of 113 appointments to the Supreme Court were never confirmed (25-30%). Despite the media's lies, no unpopular President's lame duck appointments has ever been approved while the opposition party controlled the Senate. Ever. In the 20th Century, the Republicans had never blocked a Democrat appointment, while the Democrats blocked 10 of the Republicans, 1 of their own, and tried to sabotage 2 others.

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Initial Reaction

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So because Kavanaugh will follow the law of the land (Constitution) and require that if you want to legislate, you have to do it through the legislature (not through a court of Oligarchs), the left is losing their minds. Some examples included.

  • NBC (reporter Leigh Ann Caldwell) invented a narrative that Kavanaugh was picked because of a backroom deal that Trump and Justice Kennedy made -- that Kennedy would retire if Trump picked Kavanaugh. It's an absurd conspiracy theory, and when even other far left stations started questioning it, they walked it back and admitted it likely didn't happen and they had no evidence to support their claim that it had. [1] Of course Hollywood liberals, all jumped and outraged at the FakeNews story.
  • ABC had prewarmed their outrage-machine engines, hours before the pick, by pre-announcing tonights coverage of "controversial" pick, hours before the pick was made. [2] Which goes to show they were prepared to be outraged, no matter who was picked.
  • CNN first warned that Trump would pick Judge Amy Coney Barrett because she was a woman, and so they started denigrating her in a campaign to undermine the eventual pick (like saying it was just because of her looks, etc). Then when Trump surprised them by going with Kavanaugh, they shifted to claiming it was a sexist snub to not have picked her. This was by the same person (Chris Cuomo) who had defended against the claim that CNN was an “anti-Trump” news media outlet. [3] Sure, because damned if he picks her, damned if he doesn't, is what fair and balanced looks like to CNN.

    Then CNN went on to claim that because Kavanaugh has aligned with the majority of the court before on whether Presidents should be shielded from Litigation while serving, that this is why Trump picked him. (As if one justices opinion mattered). [4] They also do a lot of hand-waiving on Roe and Abortion -- but judges aren't supposed to rule on that, and they have nothing to back up their claims, or they would have put it in the article.
  • Gabby Giffords’ statement sums it up, "“In nominating Judge Kavanaugh to be the next Supreme Court justice, the Trump Administration is once again showing brazen disregard for the people it claims to protect. Judge Kavanaugh’s dangerous views on the Second Amendment are far outside the mainstream of even conservative thought and stand in direct opposition to the values and priorities of the vast majority of Americans."[5] What are the views that are so outside the mainstream? That he sided with multiple prior Supreme Court rulings that upheld that the right to bear arms is an individual right, and that you can't outlaw guns just because they have decorator parts that make them look scarier to the uninformed.
  • Elizabeth Warren showed up to an impromptu and spontaenous protest, with a pre-printed script that she read from. [6]
  • Kirsten Gillibrand (NY Senator) promised to stand by her pledge to violate her oath of office and the Constitution, by blocking any appointment by Trump (until after the election). [7]
  • Chuck Schumer followed suit, vowing to oppose Kavanaugh's nomination "with everything I have," and of course lots of hand-wavey stuff about Women's reproductive rights, and so on. Either he doesn't know what's the difference between the Judiciary and Legislature, or he's hope his gullible base doesn't.
  • Bernie Sanders promised, "Nothing is more important now than doing everything in our power to stop the nomination of Brett Kavanaugh to the Supreme Court". Um, why?[8] Never mind, a cranky millionaire socialists view of the Constitution isn't worth entertaining.
  • Five Democratic senators and Judiciary Committee ranking members were invited to the nomination announcement. In a show of bipartisan good faith and approaching this in an open and unbiased manner, all five declined: Dianne Feinstein (CA), Joe Donnelly (In), Doug Jones (Al), Heidi Heitkamp (ND), Joe Manchin (WV).
  • Hollywood took it about how you'd expect a bunch of tantruming High School Drop-out and other drama queens might. The Constitution sucks, you suck, I'm going to fling dirt and pout. [9]

There were immediate pre-planned, "spontaneous" astroturf protests against the pick. With entire sets of pre-printed signs ready to go -- so no matter which of the 5 finalists was chosen, there could be equal outrage. But they were hostile, caustic, and FoxNews' Shannon Bream decided to flee the threatening place, rather than risk injury to crew. [10]

Their attacks on him cover a spectrum of reasons why he isn't qualified: his name is Brett, he drank beer in college, he likes baseball and bought season tickets once, he has two daughters, he might not vote how they want (he's a textualist that respects the Constitution as written), he's a white male, he will kill people (seriously), and while the media is OK calling Ivanka Trump a feckless cunt, Kavanaugh may have once mouthed the word "bitch" to Hillary Clinton (according to a single anti-conservative and anonymous source). Wow, how could anyone get on the Supreme Court with such a dastardly record of being normal? [11]

The conservatives are over the moon with the pick, and Kavanaugh's "Gold Plated Résumé. Black Leaders applaud Kavanaugh's nomination[12] As Mitt Romney said, "Esteemed by his colleagues, faithful to the Constitution, a record of thoughtful decisions, and already confirmed for the DC Circuit; Brett Kavanaugh has the right stuff." Even the New York Times (Akhil Amar) wrote "A Liberal's Case for Brett Kavanaugh", which agreed with Trump's assessment that Kavanaugh is "someone with impeccable credentials, great intellect, unbiased judgment, and deep reverence for the laws and Constitution of the United States.” But Liberal's don't rule the DNC, the Progressives and Socialists do.

When Kavanaugh was approved to the federal bench back in 2006, it was during one of the Democrats many fits of blocking all Conservative Judges for years. (3 years in Kavanaugh's case). Basically, this was just a tantrum that he was being appointed by Bush -- but he was finally approved 57-36. The Democrats later complained when the Republicans slow-rolled some of the Democrat judicial appointments for Obama, as a tit-for-tat play -- but since the Democrats have no memories for their bad behavior (and the media won't hold them accountable for it), they forgot why that happened.

Hearings

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The whole Kavanaugh hearings have nothing to do with Brett Kavanaugh, they have to do with rage over losing the election to Trump, and having Obama's, "Elections have consequences" crammed down their throats.

If the Democrats had any wits at all, they'd have kept their powder dry and saved their histrionics for when RBG or one of the liberals on the court dies or retires, and Trump tries to replace them. Instead they waste their ammo firing wild. Like:

  1. They first stupidly used the Nuclear Option (no filibuster) back in Obama's term on a few lower level circuit judges -- and Republicans warned at the time, if you set this precedent, we'll use it when we win. Dems did it, and howled when the Republicans used the new standard against them.
  2. Then when Neil Gorsuch was picked off the list, as Trump had promised during the campaign, the Democrats had a fit. The election was won with the public knowing what they were getting, and the Democrats screamed unfair. It was a stupid waste of energy that helped them in the short term, but diluted the impact they'd have when the next guy got picked.
  3. Then Justice Kennedy decided to retire, and since he was a Constitutionalist/Conservative, he would be replaced by another Constitutionalist (instead of leftist activist, which is what the Dems wanted). Trump again went to the list he'd promised voters, and picked another moderate Constitutionalist, Brett Kavanaugh, and the left had this fit of unsportsmanlike conduct, that showed everyone they're irrational children, crying because they didn't win.

All this dilutes their power for the next one. And if one of the anti-Constitutional far-left justices dies in office, or retires during a Trump second term, it'll be delicious to watch. The boy who cried wolf, will be ignored, because his screaming the last few times, was over nothing. Everything they promised about women being marginalized in society, and shoot outs on the streets because of respecting the 2nd Amendment will have not come to fruition -- and another generation will be taught to ignore the hysterical left, and their media.

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Munro-Leighton - One of Justice Brett M. Kavanaugh’s Fake Rape accusers (a left-wing activist Ms. Munro-Leighton) admitted that she made up her lurid tale of a backseat car rape, admitting it “was a tactic” to try to derail the judge’s confirmation to the Supreme Court. Of course the left denies this ever happens, despite evidence to the contrary. The Democrats and the media have remained mostly silent on this, probably because it makes them look bad for facilitating it in the first place.

Kavanaugh Stunts -
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After not meeting with Kavanaugh in advance (as is allowed), the Democrats screamed bloody murder when Kavanaugh was announced. Democrats interrupted the announcement in a coordinated attack, their paid agitators did the same, "how dare the Republicans appoint constitutionalist judges! Exactly what Trump said he would do and the law allows." Then Booker, DiFi, Harris, all brought up separate faked stories to try to disqualify him. I haven't seen Democrats this mad since the Republicans took their slaves away.

Kavanaugh Hysterics -
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From the moment of the announcement of Brett Kavanaugh being Trump's Supreme Court pick, the left was outraged for the high crime of believing in defending the Constitution against all enemies foreign and domestic (including when the Progressive agenda collides with the law of the land). The left-stream media (NBC, ABC, CNN, NYT) and the Democrat Politicians (Giffords, Warren, Schumer, Sanders) and activists (Hollywood, #Resist, etc) coordinated their attacks against Kavanaugh, and his character, long before any investigation had showed anything wrong with his rulings. In fact, they never really went after his rulings or professional credentials because they were impeccable. When you can't attack based on facts, then you attack based on made up or exaggerated character flaws like, "he drank beer in college", something Democrats have never had a problem with when their side did it.

Julie Swetnick Rape Train - A Justice Brett M. Kavanaugh’s Fake Rape accuser (a left-wing activist named Julie Swetnick, with a history of false allegations) claimed that Brett and buddies had rape train parties that she and others repeatedly frequented. It was an absurd allegation that only the absurd Democrats would entertain. Her witnesses contradicted her. Her scummy lawyer (Avenatti) was put up on embezzlement charges. Of course remember, according to the left, Fake Rape charges never happen and all women should be believed.

Christine Blasey Ford -
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Christine Blasey Ford is the far-left activist that came forward to make unsubstantiated sexual charges against Supreme Court Justice Brett Kavanaugh. Not quite Fake-Rape, but close. The #wehatemen crowd all jumped on board demanding that we not question her testimony or any Woman that would cry rape. Nevermind Emmett Till, Duke Lacrosse, University of Virginia Gang Rape, and dozens of others -- Lynch mobs always trust the accuser. So despite her story being full of lies, holes and logical incongruities, we should suspend the rule of law, and destroy a distinguished judges career, all because he's a privileged white male Judge, with an exemplary record on being a strict constitutionalist: everything the she-man male-haters must destroy.

ABC Tanked Epstein Story -
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This is what FakeNews and bias looks like (burying and spinning valid stories and shifting the narrative):
  • Project Veritas caught Amy Robach admitting on hot-mic. that she had Epstein story 3 years ago, with interviews and witnesses, but higher ups tanked it because it make the Clinton and Royals look bad.
  • ABC's defense (and they forced Amy to repeat) that the story didn't meet their standards... despite Epstein already being convicted of related crimes, direct witnesses and tons of evidence. This is the same organization that had far lower standards when they ran uncorroborated claims with the only witnesses refuting those claims about Brett Kavanaugh: proving their hypocritical double-standards at defending Democrat Pedophiles while being willing to attack Conservatives who did nothing wrong, with far less evidence.
  • ABC pulled out all stops to find the leaker and not why the story was tanked. Once identified, they conspired with CBS to have the whistleblower fired for exposing the truth. These are the same organizations that refuse to even mention the name of Democrat Operative that conspired with Democrats/Adam Schiff and was the leaker in the Trump/Ukraine case. (Another double standard).
  • Meanwhile ABC, NBC, CBS, CNN, MSNBC all put a black-out on mentioning anything about this newsworthy story in their "so called" News shows (some for the first day, some indefinitely), while in their talk shows or on-line they are trying to play off Project Veritas as a far right wing group that could/should be ignored. (Lying for an agenda).

2019.09.14 NYT Kavanaugh Smear -
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Acting as a DNC's mouthpiece, the NYT published a hit-piece by Robin Pogrebin and Kate Kelly, who were promoting their book attacking Supreme Court Justice Brett Kavanaugh for being a sexual harasser. The shocking new allegation was about Brett having someone else put his penis in a girls hand during a party. This resulted in all the far lefties (Warren, Sanders, Harris, Booker, Buttigieg, The Squad) demanding Brett's impeachment before any conviction or evidence. The bigger problem is this scoop had already been investigated (and discounted), the woman (victim) doesn't have any memory of it happening, there are no other witnesses who corroborate it (and many that came forward to defend Brett), assuming we can imagine how some other friend can even get your penis to put it in someone else's hand. But the problem is how did a story that all other newspapers had passed on as being non-credible, make it past the times editors, after having all the exculpatory evidence get omitted from the article, get tweeted about, and get repeated on NPR. Even the other left-wing media outlets called bullshit on the NYT and said this was a big embarrassment for real journalism, while the Times has been distracting, attacking, blaming Fox for blowing this up, and changing the topic, and doing anything but sincerely apologizing and firing those responsible.

2018.09.06 Corey Booker, "I am Spartacus" - Booker risked his career by knowingly breaking Senate rules and releasing confidential Committee documents on the Supreme Court nominee, while accusing Kavanaugh of having something to hide. Booker called this is "Spartacus" moment. Oh, the documents were already cleared for public release, and approved for releasing: no rule breaking, no possibility of him getting 2/3rds to vote him out if he had, just grandstanding. And they were a nothing burger. 🗣️

2018 Democrat Doxxer - Jackson Cosko worked for Sen. Maggie Hassan (D) and Rep. Sheila Jackson Lee (D) and was caught posting the private information (phone and home addresses) of five Republican Senators on Wikipedia in order to enable haters and violent thugs to attack them at their homes, because he didn't like them trying to get to the truth during the Brett Kavanaugh hearings. He was just convicted and given a 4 year sentence for politically motivated criminal harassment. A second staffer for Hassan (Samantha Deforest Davis) has been charged of trying to Hillary (BleachBit/erase) the evidence.


Conclusion

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As was expressed in my Supreme Court article and others, Democrats aren't afraid of the Conservative bias, they fear a Constitutional bias. If they don't have enough over-emotional partisans that rule based on feelings, then the Constitution might reign supreme: and the rule of law is definitely against them. It means they'd have to pass things through the legislature. So that's why they're mad at Trump and Brett Kavanaugh: they both promised to follow the rule of law, and not the emotions of partisan Democrats. So the chart[13] shows where the justices fit on that spectrum, and Kavanaugh is hated because he takes an unreliable swing vote away from the activist side of the court, and delivers a more reliable constitutional (originalist/textualist) jurist that will protect against further progressive corruption and politicization of the court. And they hate that.

There is no other jurist that is as qualified as he is: deep judicial record, having written about 300 opinions. No one has sent more of his law clerks to clerk for the justices of the Supreme Court, Kavanaugh taught courses at leading law schools and published notable law review articles (so is both academic/scholar and practicing Judge). And technically that's the only thing the Senate is filtering for: is he qualified. The answer is yes. All the histrionics of the left, shows that they don't care what the law actually is, they just want to get their way, or will have a meltdown like the immature little children than they are.

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📚 References
  1. NBC:
  2. ABC:
  3. CNN:
  4. More CNN: https://www.cnn.com/2018/07/09/politics/brett-kavanaugh-washington-insider-presidents-shielded-from-litigation/index.html
  5. Giffords:
  6. Warren: https://twitter.com/AmandaLeeHouse/status/1016518250375581698
  7. Gillibrand: https://twitter.com/SenGillibrand/status/1016492822726397954
  8. Bernie: https://twitter.com/SenSanders/status/1016712547792285696
  9. Hollywood: https://www.breitbart.com/big-hollywood/2018/07/10/hollywood-resistance-freaks-over-kavanaugh-nomination-will-cement-the-first-american-dictatorship/
  10. FoxNews: https://www.mediaite.com/online/fox-news-host-cancels-live-show-from-scotus-steps-due-to-volatile-protests-i-felt-threatened/
  11. Disqualifications:
  12. Black Leaders:
  13. Chart:


More Links

Red Flags - 1. The accuser uses the press instead of the process. 2. The accuser times releasing the accusation for an advantage. 3. The accuser attacks the process instead of participating. 4. When the accused’s opportunity to mount a defense is delegitimized. 5. The accuser seeks to force the accused to defend himself or herself before committing to a final version. 6. The accused makes a strong and unequivocal denial. 7. The accuser makes unusual demands to modify or control the process. 8. When the accuser’s ability to identify the accused has not been properly explained. 9. When witnesses don’t corroborate. 10. When corroborating witnesses simply repeat the accusation of the accuser but don’t have fresh information.

Memory


Title IX / Campus abuses against men and due process

Male Rape Victims more common than female (or at least than expected).

Kavanaugh - Confirm

Written 2018.07.10