sexual assault

Kavanaugh confirmation advances to a final vote

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Senators voted 51-49 to end debate on Judge Brett Kavanaugh’s nomination, setting up a final vote to confirm Kavanaugh for Saturday afternoon. Kavanaugh advances in key Senate vote:

Kavanaugh’s nomination got a last-minute boost when Jeff Flake (R-AZ), Joe Manchin (D-WV) and Susan Collins (R-ME) voted to end debate on Kavanaugh’s nomination. Manchin was the only Democrat to vote yes.

Lisa Murkowski (R-AK), however, voted against advancing the nomination, the only Republican to do so.

Senate Republicans acknowledged ahead of time that they might not know the outcome of the vote by the time it started — an unusual move for a leadership team that likes to keep a tight grip on floor action.

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This doesn’t guarantee they will each vote to confirm him. Collins (Maine) voted to end debate but isn’t expected to make an announcement on if she will vote to confirm him until 3 p.m., setting up a must-watch moment on the Senate floor.

Republicans hold a slim 51-seat majority in the Senate, which allows them to lose one vote from their conference and still confirm Kavanaugh without Democratic help.

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Despite massive opposition, Republicans are set to confirm the most unpopular judicial nominee in American history

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More than 2,400 law professors sign letter opposing Kavanaugh’s confirmation:

Signatories included Martha Minow — the former dean of Harvard Law School, where Kavanaugh taught a popular course — other law school deans and former deans, and some scholars who previously supported Kavanaugh.

“As someone who knew and liked Brett Kavanaugh when we clerked together, I have tried very hard to stay out of this process and to give him the benefit of the doubt,” said Mark Lemley, a professor at Stanford Law School. But Kavanaugh’s behavior at the hearing last week “was not what we should expect of a Supreme Court Justice. Telling obvious lies about his background, yelling at senators, refusing to answer questions, and blaming his troubles on others is not appropriate behavior.”

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Another letter, signed by about 900 female law professors, asked the Senate to reject Kavanaugh’s appointment. As a law professor, “it is my responsibility to teach my students the highest standards of professionalism and decorum,” Karla McKanders, a professor of law at Vanderbilt University Law School, said in an email. “Judge Kavanaugh’s testimony undermines the legal profession and would undermine the authority of the Supreme Court.”

In an unprecedented move, life-long Republican and Former Justice John Paul Stevens said Judge Kavanaugh is not qualified to sit on the court:

Justice Stevens said he came to the conclusion reluctantly, changing his mind about Judge Kavanaugh’s nomination after the second round of the judge’s confirmation hearings last week. Judge Kavanaugh’s statements at those hearings, Justice Stevens said, revealed prejudices that would make it impossible for him to do the court’s work, a point he said had been made by prominent commentators.

“They suggest that he has demonstrated a potential bias involving enough potential litigants before the court that he would not be able to perform his full responsibilities,” Justice Stevens said in remarks to retirees in Boca Raton, Fla. “And I think there is merit in that criticism and that the senators should really pay attention to it.”

“For the good of the court,” he said, “it’s not healthy to get a new justice that can only do a part-time job.”

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Maricopa County prosecutor Rachel Mitchell’s unprofessional memo

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Republican strategist Rick Wilson authored the book Everything Trump Touches Dies.

This is likely to include the professional legal career of Maricopa County prosecutor Rachel Mitchell.

Hired to be a “human shield” for Republican senators in questioning Christine Blasey Ford last week, she proved to be ‘not effective’ in questioning Ford.

Mitchell had barely begun asking questions of Judge Kavanaugh when she zeroed in on his July 1 calendar entry which might corroborate Dr. Blasey’s recollection of a party. Republican senators insulted her by summarily dismissing her, never to be heard from again.

Eleven old white men didn’t want to hear from any woman, even their hired gun.

Mitchell has since compounded her catastrophic performance by providing a partisan political memo to the GOP senators who hired her. Her memo violates the rules of professional conduct for attorneys and prosecutors. Her desire to be in the national spotlight may wind up costing her.

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12 Angry Men: pity the privileged white male patriarchy

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Twelve Angry Men is a gripping courtroom drama about a murder trial in which a single dissenting juror holds out from a unanimous verdict of guilty because he has reasonable doubt.

Last week we saw a different context for “Twelve Angry Men”: eleven privileged white male Republican senators and privileged white male Judge Brett Kavanaugh in a collective primal scream against the outrage of anyone, especially this woman, challenging their privileged white male patriarchy, nay their God-given right to rule over our us.

It was a defense of the old world order of privileged white male patriarchy, to paraphrase William F. Buckley, Jr., “standing athwart the tide of history and demographics yelling Stop at a time when no one is inclined to do so, or to have much patience with those who so urge it.”

If Christine Blasey Ford had behaved the way that Judge Kavanaugh or Senator Lindsey Graham behaved, she would have been immediately dismissed as a shrill harpy who was being hysterical (typical male stereotypes for a woman who speaks up). But Republicans cheered this behavior in the Twelve Angry Men defending the privileged white male patriarchy. Why?

The Washington Post reports, ‘The trauma for a man’: Male fury and fear rises in GOP in defense of Kavanaugh:

The sexual assault allegations against Supreme Court nominee Brett M. Kavanaugh have sparked a wave of unbridled anger and anxiety from many Republican men, who say they are in danger of being swept up by false accusers who are biased against them.

From President Trump to his namesake son to Sen. Lindsey O. Graham (R-S.C.), the howls of outrage crystallize a strong current of grievance within a party whose leadership is almost entirely white and overwhelmingly male — and which does not make a secret of its fear that demographic shifts and cultural convulsions could jeopardize its grip on power.

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A disastrous hearing, but the GOP will ‘plow ahead’ with Kavanaugh confirmation (Updated)

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I have been a trial attorney for over 25 years. It is my job to evaluate witnesses and to test their credibility, and to evaluate how testimony is received by a jury.

Christine Blasey Ford testified to the Senate Judiciary Committee on Thursday. I found her testimony genuine, credible and compelling. Moreover, her testimony would be received by a jury as genuine and believable.

In fact, it is reported that thousands of Americans watching Dr. Blasey’s testimony who are themselves victims of sexual assault experienced a cathartic response to her testimony and contacted their elected representatives. She moved the jury. She moved the country.

Dr. Blasey’s testimony was devastating. Dr. Blasey offered to be helpful to the committee more, and volunteered to submit to an FBI background check to test the credibility of her testimony. Judiciary Committee chairman Chuck Grassley refused her request.

After a lunch break, it was Judge Brett Kavanaugh’s turn to testify. Brett Kavanaugh is a GOP political operative masquerading as a judge, and he let his mask slip in his opening statement. He delivered an angry jeremiad contemptuous of Democratic Senators whom he asserted were part of a vast left-wing conspiracy trying to destroy him, bent on revenge for the Clintons and their hatred of Donald Trump. It was clearly a political speech delivered for the television audience.

When questioned by senators, Kavanaugh was angry, aggressive and belligerent. He raised new questions about his demeanor and judicial temperament as a judge. Kavanaugh continued to be evasive in his answers, frequently returning to talking points about his innocence that was non-responsive to the question. When given numerous opportunities to request reopening an FBI background check to clear “his good name,” Kavanaugh demurred and would not do so. “I will do whatever the committee decides to do.” President Trump and GOP leadership have refused to reopen the FBI background check. His independence as a jurist is in serious doubt.

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