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SEPTEMBER 19,  2018

SHORT TAKES ON THE DRIFTING WRECKAGE – AT 11:55 P.M. ET:

KAVANAUGH UPDATE:  Chairman Grassley has given Professor Ford until 10 a.m. Friday morning to agree to testify before the Judiciary Committee Monday morning.  If she does not agree, the chairman will continue the committee's move toward a vote on Judge Kavanaugh, which can come as early as Friday afternoon, but likely will come next week.  Republicans in the Senate appear united that the process must go forward.  I think there is genuine anger that the confirmation process was disrupted at the last minute by a charge out of the blue.

KAVANAUGH THEORY – We don't much like "may" stories here.   You know, this "may" happen.  (On the other hand it may not.)  But there is a thoughtful idea circulating, based on comments by sources I consider reliable – that the whole Kavanaugh case rests on mistaken identity.  The sources say the truth will come out within days.  I don't know the basis for this report, and so we are cautious.  But mistaken identity in cases like this is commonplace.   Proving mistaken identity would probably involve having the name and testimony of the actual perpetrator, if there is one.

THE RIDICULOUS MEDIA – FROM NEWSBUSTERS:   Last night, two of Supreme Court nominee Brett Kavanaugh’s high school classmates, each named by accuser Christine Blasey Ford as witnesses to the 1982 assault she alleges Kavanaugh committed, issued public statements flatly denying that they saw anything even resembling Ford’s story.  Yet today, CNN viewers have barely heard a peep about these denials, even as the Kavanaugh story dominates their on-air coverage. From 4:00 a.m. to 2:00 p.m. Eastern, CNN spent 3 hours and 23 minutes talking about the Kavanaugh controversy, but only about eight minutes of that were devoted to passing along these confirmations of Kavanaugh’s denial.  This has become the standard at too many news outlets.  When will conservatives learn that most of the press is against them, and that traditional notions of journalistic fairness are out the window?

September 19,  2018     Permalink

JUST AWFUL – AT 1:25 P.M. ET:  This is identity politics at its worst.  From Fox: 

Democratic Sen. Mazie Hirono blasted “the men in this country,” blaming them for sexual assault and urged them to “just shut up and step up” amid allegations of misconduct against President Trump’s Supreme Court nominee Judge Brett Kavanaugh.

At a press conference Tuesday evening, the Hawaii Democrat made the sweeping generalization against “the men” in the U.S. for “perpetuating” sexual assault.

“I expect the men in this country and the men on this committee, because we all signed onto this letter, to demand an FBI investigation,” Hirono said, referring to a request that the FBI investigate the claims made by Kavanaugh’s accuser, Christine Blasey Ford.

“But really, guess who is perpetuating all of these kinds of actions? It’s the men in this country. And I just want to say to the men in this country: just shut up and step up, do the right thing for a change,” Hirono said.

COMMENT:  What a jerk.  The fact is that women have men in their lives – fathers, husbands, brothers, sons, grandsons – and they care about them, and care about them being fairly treated. 

No one denies that sexual assaults occur.  Of course they do.

But in a democracy we demand a high standard of justice, for false or incorrect charges are made all the time.  We insist that the accused have the right to face his accuser.  We insist on real evidence, taken under oath.  We insist that a case be proved beyond a reasonable doubt.  We insist that justice be separated from politics.

The senator's comments are bigoted and ignorant, as is she.  She does the real cause of assaulted women great harm.  She may not care, as political gain is the motive, not justice for women.

September 19, 2018        Permalink

WHAT? – AT 11:54 A.M. ET:  Either President Trump is the shrewdest politician going, or a serial blunderer who can't keep his mouth shut.  We prefer the former.  From Daily Mail: 

President Trump said Wednesday that a credible allegation from Christine Ford at a Monday hearing that will determine the fate of Supreme Court nominee would be 'interesting' and it would force him to take another look at the situation.

Ford has not said whether she will take senators up on their offer to have her appear before the Judiciary Committee on Monday.

 'If she shows up that would be wonderful,' Trump told reporters awaiting his departure in Marine One on the South Lawn of the White House. 'If she doesn’t show up that would be unfortunate.'

Trump again said that he feels terribly for Kavanaugh and his family and pounced on Democrats for suppressing the negative information for weeks until it was nearly time to vote on the appointment.

Trump said Tuesday a news conference that a sex attack allegation against Kavanaugh is 'shame' and referred to the judge whose nomination is hanging on by a thread as a 'great gentleman.'

'I feel so badly for him that he’s going through this be honest with you. I feel so badly for him. This is not a man that deserves this,' Trump told journalists.

The president pinned the blame for the 11th-hour chaos on Democrats, who he accused of resisting and obstructing his every move. He said he'd support an FBI prove into Kavanaugh's accuser's charge, except the law enforcement agency has said 'that’s not what they do.' 

COMMENT:  It is possible that the president is putting on a bit of a charm offensive – unusual for him – to lure Ford to testify in public, where her story, with all its incredible gaps, would not hold up.  Or, the president has simply made a foolish remark that will erode support for the judge.

It is a very messy affair, and ugly.  This is no standard of justice.

September 19,  2018     Permalink

SEPTEMBER 18,  2018

SHORT TAKES ON THE DRIFTING WRECKAGE – AT 11:55 P.M. ET: 

ALL "SHORT TAKES" TONIGHT ARE ABOUT THE KAVANAUGH FARCE

THE NERVE – FROM FOX:  Christine Blasey Ford, the California professor claiming Supreme Court nominee Brett Kavanaugh sexually assaulted her more than 35 years ago, late Tuesday demanded a "full investigation" by the FBI before she will attend any congressional hearing or "interrogation" into her accusations.  Republicans repeatedly have invited Ford and Kavanaugh to testify on Monday after delaying a planned Judiciary Committee vote on his confirmation that had been scheduled for Thursday. Kavanaugh accepted the committee's invitation, but Ford stayed mum until Tuesday night.  The development throws the entire hearing into doubt: Judiciary Committee Chairman Chuck Grassley, R-Ia., had threatened to nix the proceeding if Ford refused to participate. It was also sure to add fuel to Republican claims that the allegations -- which were known to ranking Judiciary Committee Democrat Dianne Feinstein in July, but only revealed to federal authorities last Thursday -- are part of a concerted effort to stall Kavanaugh's nomination.  "While Dr. Ford’s life was being turned upside down, you and your staff scheduled a public hearing for her to testify at the same table as Judge Kavanaugh in front of two dozen U.S. Senators on national television to relive this traumatic and harrowing incident," Ford's attorneys wrote to Grassley.   That is a barefaced lie.  No one intended for Ford and Kavanaugh to sit at the same table at the same time.  This is pure politics, and is becoming absurd.

THE CHAIRMAN RESPONDS – FROM AP:  Senate Judiciary Committee Chairman Chuck Grassley says there's "no reason for any further delay" in a hearing about a sexual assault allegation against Supreme Court nominee Brett Kavanaugh.  Lawyers for accuser Christine Blasey Ford say she wants an FBI investigation of the incident before a Judiciary Committee hearing set for Monday.  They say that in the days since Ford went public with her allegation, she has been the target of "vicious harassment and even death threats."  Grassley says, "Nobody should be subject to threats and intimidation."  But he adds: "Dr. Ford's testimony would reflect her personal knowledge and memory of events. Nothing the FBI or any other investigator does would have any bearing on what Dr. Ford tells the committee."  And Grassley is correct.The FBI actually does not have legal power to conduct a criminal investigation of a state matter – in this case the state of Maryland, where the offense allegedly took place.  It's doubtful a state agency would launch a new investigation either, as the statute of limitations probably ran out years ago.

VERY IMPORTANT –  FROM CNN:    Sen. Jeff Flake, R-Arizona, sits on the Judiciary Committee and had previously said the committee should hold off on voting until they hear from the accuser. However, Flake said Tuesday that if Ford fails to appear at the hearing scheduled for Monday, he would support his party's push to move forward on a vote on Kavanaugh.  "I think we'll have to move to the markup," he told CNN.  This is posssibly the most important political statement of the day.  Flake is the one Republican on the Senate Judiciary Committee who could gum things up.  He is an anti-Trumper.  Now he is showing flexibility, and that's a good thing.

September 18, 2018       Permalink

MIRACLE IN TEXAS? – AT 2:22 P.M. ET:  It's only one poll, but it certainly is good for the morale.  From CNBC:   

Sen. Ted Cruz finally got some good news in the Texas Senate race.

The incumbent Republican holds a 9 percentage point edge over Democratic challenger Rep. Beto O'Rourke in his bid to hold on to his red-state seat, according to a Quinnipiac University poll released Tuesday. Cruz gets support from 54 percent of likely voters, versus 45 percent for the upstart representative, the survey shows.

Republicans had sounded alarm after a series of polls showed a tighter race between Cruz and O'Rourke, a well-funded challenger who aims to become the first Democrat to represent Texas in the Senate in a quarter of a century. The latest poll has a margin of error of plus or minus 4.1 percentage points.

An O'Rourke victory would be a major coup for the Democratic Party as it tries to navigate a brutal map this year to flip two GOP-held seats and take a majority in the upper chamber.

A Quinnipiac poll of Texas voters last month showed a 6 percentage point lead for Cruz.

COMMENT:  We wait for other Texas polls, but maybe the voters are waking up to the reality that Beto is a fraud and an amateur, whereas Ted Cruz is one of the great intellects of the Senate.

September 18,  2018     Permalink

DESTROYING A GREAT JUDGE – AT 11:51 A.M.   A few members of the GOP, a party not known for political bravery, are now speaking out about the treatment of Judge Kavanaugh, a man of impeccable reputation.  From bizpacreview: 

Sen. Lindsey Graham tore into his Democratic colleagues in the U.S. Senate for the way they have treated Judge Brett Kavanaugh, who was hit at the last-minute with an accusation of inappropriate behavior 36 years ago in high school.

The South Carolina Republican appeared on Fox News’ “Hannity” to say Democrats are “trying to destroy his life,” and to draw questions about the intent of the accuser, California professor Christine Blasey Ford.

Grahem told host Sean Hannity that throughout the confirmation process, there has been a pattern by Democrats to take Kavanuagh’s words out of context to accuse him of things he had nothing to do with.

“I think is part of a pattern, they can’t beat him on the law so they’re trying to destroy his life,” Graham said. “And the last straw here is this allegation that came about last Thursday.”

Graham said the Senate will hold a hearing on Monday on the accusation and will vote on confirming Kavanaugh on Wednesday.

As for Ford’s claim, the former judge and prosecutor said the case was “too old” for criminal court and “too hard to prove” for civil court.

“This is not that complicated,” Graham said. “It’s a thirty six-year-old allegation, it’s a serious allegation, everybody needs to be heard but also people need to defend themselves.”

“The question for the Senate is there really enough evidence here given the nature of the allegation, how old it is, and the uncertain nature of it, to deny this man who’s lived an incredible life a promotion to the Supreme Court,” Graham said. “And if it was this bad, why did not the Democrats challenge Judge Kavanaugh when he was sitting tight there in front of them?”

COMMENT:  Very well said.  This has all the characteristics of a political hit job based on vague evidence at best.  We are always open to new, accurate, information here, but, from what we've seen, there are not enough verifiable facts on the table thus far to dent Judge Kavanaugh.

September 18, 2018       Permalink

WHOOPS! – AT 11:08 A.M. ET:  What have we here?  Will the show go on, or will it not go on?  There is mystery in the Kavanaugh case.  From Fox: 

Senate Judiciary Committee Chairman Chuck Grassley on Tuesday raised the possibility that next week’s high-stakes open hearing to examine the sexual assault allegation against Supreme Court nominee Brett Kavanaugh could be canceled if the accuser doesn’t accept the committee’s invitation.

Grassley, R-Iowa, scheduled a hearing for Monday for Kavanaugh and accuser Christine Blasey Ford to answer questions from senators about the allegation. But Grassley said during a Tuesday radio interview that his office has reached out several times to Ford and her attorneys to discuss her allegation, but has heard nothing back.

“We have reached out to her in the last 36 hours three or four times by email and we have not heard from them, and it kind of raises the question, do they want to come to the public hearing or not?” Grassley said on The Hugh Hewitt Show.

Asked whether there would be a hearing if Ford did not agree to appear, Grassley suggested he couldn’t see a reason to hold one. 

“What would be the purpose of the hearing if Dr. Ford doesn’t want to respond?” Grassley said.

COMMENT:  We have nothing to say about this.  We just wait.  But she should have said "yes" by now.

September 18,  2018     Permalink