Keeping America Great – KAVANAUGH’S CONUNDRUM

Given the current state of play, Judge Kavanaugh will or will not be appointed to be the 8th Associate Justice on the 9-member Supreme Court of the United States of America. And either way, he should be concerned about the possibility of impeachment if Democrats secure a House majority in the 2018 mid-term Elections, or for that matter, any time after that. But at this time, there is no evidence that Judge Kavanaugh is concerned about the risk of being impeached, not to mention the risk of being subsequently convicted.  And the reason is simple. In the almost 250 year history of the United States of America, only 1 Supreme Court Justice has ever been impeached, and that one was acquitted and never convicted.

Judge Kavanaugh has been accused of sexual misconduct against Dr. Christine Blasey Ford during their High School days. If proven to be true, then Judge Kavanaugh would be guilty of two crimes. The first is his attempted High School rape, and the second would be lying under oath about it to Congress. Of course there are also at least two other women who have already publicly made claims that they too were victims of sexual misconduct by Judge Kavanaugh. The accusation does not condemn him. But the refusal of Judge Kavanaugh, the Republican Senate, the Attorney General and the President of the United States to agree to a standard investigation of the accusation by the FBI, does not commend Judge Kavanuagh’s apparent superficial claims of innocence.

In addition to all of this, during his Confirmation Hearings, Judge Kavanaugh has been credibly accused of having lied to the Senate during his Confirmation as a Circuit Court Judge. If that is true, that is a crime. Of course, were the FBI to investigate the current barrage of sexual misconduct accusations against Judge Kavanaugh, and were he to lie to the FBI, that would also be a crime, a fact to which many victims of the Mueller Investigation can attest.

Regardless of the short-term outcome of the Judge Kavanaugh case, the questions it raises are huge and must be of critical concern to every American. Why are the Republicans willing to put so much of their political capital on the line for Judge Kavanaugh? After all, according to a Fox News poll, in the history of their polling, Kavanaugh has the lowest level of public support for a nominee to the Supreme Court. He is at best, compromised, and because of his refusal to demand a proper FBI investigation of his most recent accusations, he will remain compromised for the rest of his life.

In answer to the question, “why?”, I will share two possibilities, but will ignore the first one, and I will give my reason. Here is the first possibility.

Because the President of the United States has become a target of the Special Counsel Mueller Investigation, unofficially, but evidently; and because he is already being referred to as an unindicted co-conspirator in the Michael Cohen conviction; and because for as long as Rod Rosenstein remains Mueller’s boss, the President is at risk of being Subpoenaed before a Grand Jury or at the very least, before Bob Mueller, Judge Kavanaugh’s potential vote on the Supreme Court is perceived to be the swing vote that will protect the President.

I will ignore this possibility because even though Kavanaugh has loudly telegraphed the strong likelihood of his not supporting any likely negative action against the President, and even though he refuses, and rightly so, to give any commitments on what is widely expected to be his willingness to vote to overturn Roe v Wade, neither of these issues is presently before the Supreme Court, or to the best of my knowledge in-transit to it.

However, what is undeniable, is that the Trump administration’s major achievement to date in less than two years is its systematic, well-oiled machinery headed by Senate Majority Leader Mitch McConnell and White House Counsel Don McGahn to stack the Federal benches with an unprecedented number of Conservative Judges. These are all Judges whose appointments are predicated on the expectation that they will support Republican conservative positions when voting on the Supreme Court.

To be clear, the same is true of the expectation that Federal Judges appointed by liberal Democratic administrations will support liberal Democratic positions. If for no other reason, Donald Trump is on his way to becoming the most strategic President in modern history if he succeeds in appointing enough Republican Conservative Judges to the Federal Courts and especially to the Supreme Court, so as to conservatively influence the decisions of the Courts for decades to come.

The shocking reality is that all of this is perfectly legal and Constitutional, despite the stench it obviously sends to high heaven. But it does reveal the potential for corruption in the under-belly of our great democratic model of Government…

But not so fast… is this really an indictment against our Constitution? Is it really an indictment against our American Constitutional model of Government? I say with resounding vim, vigor and vitality… NO!!!

So let us walk back some of the assumptions about the Supreme Court, and drill down below the surface, even a little. Judges are human, and even though they may be living an exemplary life since being seated on the Bench, and even though they may have attended a Catholic School, which until recently would never have been associated with sex scandals that have been revealed in the Catholic Church, there can be major fissures in the caliber of their character… fissures evidenced by behavior which they hope would stay at “Georgetown Prep” where it happened. On the other hand, recently appointed Trump nominated Associate Justice Neil Gorsuch, like Judge Brett Kavanaugh, also attended Georgetown Prep. However unlike Kavanaugh, no accusations of habitual insobriety nor sexual misconduct have surfaced against Gorsuch. The indictment then is not against the school, but against the student.

It is precisely because our Judges are only human, as Associate Justice Ruth Ginsburg’s recent intemperate public condemnation of Candidate Trump reinforces, We the Peoplecannot trust them to do the right thing all the time. We must encourage them to do so, and monitor their conduct and their verdicts and let them know that we are watching them.

Secondly, we hypocritically claim that we expect impartial and unbiased judgments from our Judges, but yet we will do anything short of kill, to have judges from our own party appointed to the Supreme Court. In this regard, there is no bigger hypocrite than Senate Majority leader Mitch McConnell who, citing the so-called Biden Rule, ceremoniously used his Republican majority in the Senate to block Democratic President Obama’s Supreme Court nominee Judge Merrick Garland to the Supreme Court for almost a year, but then campaigns on the urgency of “plowing through” the appointment of Republican President Trump’s nominee Brett Kavanaugh in under 80 days from nomination. Even the most naïve among us can figure out the reason. Liberal judges are expected to vote liberally and Conservative Judges are expected to vote conservatively, and both owe their appointment to this expectation. Whether they vote according to expectation or not, and sometimes they don’t, there is no denying that the system reveals a dark under-belly that wreaks with the potential for corruption at the highest level of Government in our land.

And this is why the Constitution provides We The People with the power of House Impeachment and possible Senate Conviction of any Federal Judge, including Supreme Court Justices, upon strong suspicion of having committed any High Crime in actions or judgments that offend the United States of America or its Constitution. I contend that contrary to President Jefferson’s expressed opinion, for our Judges and others, Impeachment is at a minimum, a very effective scare crow but only if it is used,

But there is much more about the Supreme Court in my next video, and of course in my book, “Put Him Back… America!”

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