Not Finding A Valid Or Logical Reason To Oppose Judge Kavanaugh, Democrats And Their Allies Are Making It Up As They Go
TOP TAKEAWAYS
- Polls show Americans want Judge Kavanaugh to be confirmed to the Supreme Court.
- A plurality of Americans believe Judge Kavanaugh should be confirmed.
- A "substantial majority" in Florida, Indiana, Missouri, North Dakota, and West Virginia want to see a Supreme Court vacancy filled.
- Despite their constituents wanting Judge Kavanaugh confirmed, Democrats and their allies have continued to try to obstruct the confirmation of Judge Kavanaugh with mixed and false messages.
- Democrats claimed that the Senate must wait until after the midterm elections to consider a new justice, which The Washington Post called "grasping at straws."
- Two Democratic operatives earned four Pinocchios from The Washington Post after absurdly suggesting that Justice Anthony Kennedy's retirement was a corrupt quid pro quo.
- Senate Democrats claimed confirming Judge Kavanaugh would lead to the destruction of healthcare, a claim The New York Times called "exaggerated."
- Despite holding similar views in the past, Sen. Kirsten Gillibrand (D-NY) called Judge Kavanaugh's opinions on the Second Amendment "shocking and worrisome."
- Without any evidence, at least one liberal group has attempted to smear Judge Kavanaugh with a false suggestion of guilt by association after a federal judge he clerked for thirty years ago was accused of harassing behavior.
- Even though law experts have said Judge Kavanaugh's comment on independent counsels "has nothing to do with special counsels," Democrats have attempted to use them to conjure up opposition.
- The Washington Post called Democrats' claim that Judge Kavanaugh believes the president is immune from the law "an extreme distortion."
- The Left, finding no dirt on Judge Kavanaugh, have criticized the nominee for purchasing tickets to his hometown baseball team.
- Unable to come up a coherent reason to oppose Judge Kavanaugh, Democrats and their allies have desperately resorted to ginning up fake opposition and over-the-top stunts that have failed to gain traction.
POLLS SHOW THE AMERICAN PEOPLE WANT JUDGE KAVANAUGH CONFIRMED, BUT UNSURPRISINGLY, DEMOCRATS HAVE PLEDGED TO OBSTRUCT
Polls Show A Plurality Of Voters Believe Judge Brett Kavanaugh Should Be Confirmed And That Congressional Democrats Are Out Of Step With Americans
Forty-One Percent Of Americans Said They Want Judge Kavanaugh Confirmed. "By 41% to 37%, Americans want the Senate to vote for, rather than against, the confirmation of federal judge Brett Kavanaugh to the Supreme Court." (Jeffrey M. Jones, "Initial Views On Kavanaugh Confirmation Divided," Gallup , 7/17/18)
A "Substantial Majority" Of Americans In Florida, Indiana, Missouri, North Dakota, And West Virginia Want A SCOTUS Nominee Confirmed. "A new poll released today by Susan B. Anthony List (SBA List) finds that a majority of voters in Senate battleground states want President Trump's Supreme Court nominee confirmed and also want abortion policy to be decided by the people through their elected representatives, not the Supreme Court." (Mallory Quigley, "Voters Support Trump's Nominee And Want States, Not The Supreme Court, To Make Abortion Policy," Susan B. Anthony , 7/10/18)
56 Percent Of Respondents In A NBC/Wall Street Journal Poll Of Registered Voters Said Democratic Congressional Candidates Are "Out Of Step" With Most Americans. ("NBC News/Wall Street Journal Survey," Hart Research Associates/Public Opinion Strategies , 7/15/18)
Senate Democrats Vowed To Delay Hearings And At Least Seven Have Vowed To Vote Against The Nomination Of Judge Kavanaugh
Democrats Immediately Voiced Opposition, With Senate Minority Leader Chuck Schumer (D-NY) Saying He Would "Oppose Judge Kavanaugh's Nomination With Everything He Has." "Democrats and Republicans in the Senate - along with their deep-pocketed allied outside groups - laid out the case for and against the confirmation of Brett Kavanaugh within minutes of President Donald Trump's announcement that he had selected the federal appeals court judge to fill the Supreme Court vacancy. 'I will oppose Judge Kavanaugh's nomination with everything I have, and I hope a bipartisan majority will do the same,' Senate Democratic Leader Charles Schumer of New York said in a statement. 'The stakes are simply too high for anything less.'" (Deirdre Shesgreen, "Schumer Vows To Fight Trump SCOTUS Nominee 'With Everything I Have,'" USA Today , 7/9/18)
Before Judge Kavanaugh's Nomination Was Even Announced, Sen. Bob Casey (D-PA) Said He Would Oppose "Whomever The President Chooses As His Nominee For The Supreme Court." "U.S. Sen. Bob Casey said Monday he will oppose whomever the president chooses as his nominee for the Supreme Court. Mr. Casey said he cannot support a 'corrupt' process that has led to the president picking from a list of 25 candidates 'funded by the corporate right.' 'We'll see what they do tonight, but I'm going to be a 'no,' and that's because it's a corrupt process,' Mr. Casey told reporters after an event in Braddock, where he discussed infrastructure." (Julian Routh, "Casey Says He Will Be A 'No' Vote On Trump's Pick For Supreme Court," Pittsburgh Post-Gazette , 7/11/18)
Sen. Tammy Baldwin (D-WI) Said She Would Oppose Judge Kavanaugh Because He Would "Turn Back The Clock On A Woman's Constitutional Right And Freedom To Make Her Own Health Care Choices." " "U.S. Sen. Tammy Baldwin announced Thursday that she will join fellow Democrats in opposing President Donald Trump's pick for the Supreme Court, saying Brett Kavanaugh would 'turn back the clock on a woman's constitutional right and freedom to make her own health care choices.'" (Scott Bauer, "Sen. Baldwin Says She Won't Back Trump's SCOTUS Pick," WISN , 77/12/18)
Sen. Debbie Stabenow (D-MI) Said She Would Oppose The Nomination Of Judge Kavanaugh Because She Believes He Sides "With The Wealthiest Special Interests Over The Majority Of Americans." " Based on the large number of cases and opinions written throughout Judge Kavanaugh's career, it is clear that he has chosen to side with the wealthiest special interests over the majority of Americans time after time." (Press Release, "Stabenow Announces Opposition To Kavanaugh Nomination," Sen. Debbie Stabenow , 7/13/18)
So Far, A Total Of At Least Six Democratic Senators And Sen. Bernie Sanders (I-VT) Have Announced They Will Oppose Judge Kavanaugh's Nomination. (Daniella Diaz, "Whip List: Where Senators Stand On Supreme Court Nominee Brett Kavanaugh," CNN , 7/12/18)
DESPITE KNEEJERK PARTISAN OPPOSITION, DEMOCRATS ARE UNABLE TO ARTICULATE A COHERENT OR LOGICAL REASON TO OBSTRUCT JUDGE KAVANAUGH
Democrats Insisted That The Senate Must Wait Until After The Midterm Elections To Consider A New Justice, Which The Washington Post Called "Grasping At Straws"
Democrats Called On Sen. Mitch McConnell (R-KY) To Wait Until After The Midterm Elections To Consider President Trump's Pick To Replace Supreme Court Justice Anthony Kennedy. "Democrats are calling on Sen. Mitch McConnell to wait until after the midterm elections to consider President Trump's pick to replace Supreme Court Justice Anthony Kennedy, who announced his retirement on Wednesday." (Amy Pollard, "Senate Democrats Call On Mitch McConnell To Postpone Supreme Court Vote Until After Midterms," Slate , 6/27/18)
- Schumer Claimed "Voters Have The Right To Weigh In On "The Most Import Supreme Court Vacancy In At Least A Generation." "Senate Minority Leader Chuck Schumer countered by calling on Republicans to delay a confirmation until after the elections, saying voters have the right to weigh in on 'the most important Supreme Court vacancy for this country in at least a generation.'" (Laura Litvan and Steven T. Dennis, "Senate Democrats Have Little Chance To Delay Trump's Court Pick," Bloomberg , 6/28/18)
- Sen. Dick Durbin (D-IL) Insisted The Senate Must "Consider The President's Nominee Once The New Congress Is Seated In January." "Senator McConnell set the new standard by giving the American people their say in the upcoming election before Court vacancies are filled. With so much at stake for the people of our country, the U.S. Senate must be consistent and consider the President's nominee once the new Congress is seated in January." (Press Release, "Durbin Statement On Retirement Of Justice Kennedy," Sen. Dick Durbin , 6/27/18)
- Sen. Amy Klobuchar (D-MN) Said The Senate Should Not "Have A Vote On A Supreme Court Justice During An Election Year." SENATOR AMY KLOBUCHAR (D-MN): "There is an election coming up. I believe strongly we've got to hold them to the McConnell rule, and that is the rule that you don't have a vote on a Supreme Court justice during an election year. That is number one." (MSNBC's "All In," 6/27/18)
The Washington Post Called Senate Democrat's Justification For Delaying A Hearing And Vote On Kennedy's Successor's Nomination "Grasping At Straws." "And whatever you think of the justification offered to block Garland, it was clearly in reference to presidential election years, not midterms. This is grasping at straws, in the truest sense." (Aaron Blake, "Democrats' Bogus Argument About What The GOP Said About Supreme Court Nominees In An Election Year," The Washington Post , 6/27/18)
- The Washington Post : "Bottom Line: It's Pretty Clear The Debate In 2016 Revolved Around Nominations Made In A Presidential Election Year. Democrats Are Simply Spinning A False Narrative." "Bottom line: it's pretty clear the debate in 2016 revolved around nominations made in a presidential election year. Democrats are simply spinning a false narrative." (Glenn Kessler, "For The Record: Supreme Court Nominees Considered In 'Election Years'," The Washington Post , 6/27/18)
The Manchester Union Leader (NH) Stated That The Criteria For Confirming A Supreme Court Justice Has "Eroded To Nothingness Since Democrats Smeared Bork 31 Years Ago." "But that standard has eroded to nothingness since Democrats smeared Robert Bork 31 years ago." (Editorial, "Qualified Kavanaugh: A Prudent Pick For The Court," Union Leader , 7/10/18)
Democrats Are Divided Over What Their Response To Judge Kavanaugh's Nomination Should Be
The Washington Post : "President Trump's Supreme Court Nominee Has Amplified Divisions In The Democratic Party, Spurring Competing Views About How, Or Even Whether, To Attack Judge Brett M. Kavanaugh." "President Trump's Supreme Court nominee has amplified divisions in the Democratic Party, spurring competing views about how, or even whether, to attack Judge Brett M. Kavanaugh." (Sean Sullivan, "Democrats Divided Over How To Attack Kavanaugh," The Washington Post , 7/12/18)
- Some Democrats Have Focused On Health-Care Protections And Abortion Rights, While Others Have Emphasized Presidential Powers. "Democrats trying to defeat Kavanaugh were still searching for a potent line of attack Thursday. Some have focused on portraying him as a threat to take away health-care protections and abortion rights. Others have emphasized concerns about his views on presidential power and how he might apply them to Trump." (Sean Sullivan, "Democrats Divided Over How To Attack Kavanaugh," The Washington Post , 7/12/18)
The Washington Post Said Democrats' "Battles Underscore The Chaotic State Of The Democratic Party With No Clear Leader." "The battles underscore the chaotic state of a Democratic Party with no clear leader and plenty of ambitious politicians with contrasting ideologies. The party is grappling with dual pressures to win control of the Senate in the midterms, which requires bolstering vulnerable centrists, and to position itself for the 2020 presidential race, which entails firing up the party's base." (Sean Sullivan, "Democrats Divided Over How To Attack Kavanaugh," The Washington Post , 7/12/18)
Associated Press : "Democrats Struggled To Unify Behind A Clear And Coherent Message To Combat [Judge Kavanaugh's] Nomination." "In the hours after the Republican president tapped the conservative jurist, Democrats struggled to unify behind a clear and coherent message to combat the nomination, which could shift the court to the right for decades. They're energized, outraged and ready to fight. But what, exactly, is their argument to voters?" (Lisa Lerer and Steve Peoples, "Analysis: Dems Meet Supreme Court Pick With Mixed Message," Associated Press , 7/11/18)
Associated Press : "It's An All-Too-Familiar Challenge For Democrats, Who've Left Voters Confused In The Trump Era About What The Party Stands For Beyond Simply Opposing The President." "It's an all-too-familiar political challenge for Democrats, who've left voters confused in the Trump era about what the party stands for beyond simply opposing the president. And in this case, the muddled messaging threatens to dampen a new surge of voter enthusiasm just a few months before midterm elections." (Lisa Lerer and Steve Peoples, "Analysis: Dems Meet Supreme Court Pick With Mixed Message," Associated Press , 7/11/18)
The Boston Herald Wrote "The People Deserve The Best From Those On Capitol Hill" And "Not A Rubber Stamp By Any Means But Also Not A Calculated Charade In Which A Man's Reputation Is Destroyed For Political Ends." "Our political leaders have a chance to stem the tide of toxic division during this confirmation process. The people deserve the best from those on Capitol Hill. Not a rubber stamp by any means but also not a calculated charade in which a man's reputation is destroyed for political ends. Let us see if they rise to the occasion." (Editorial, "Editorial: Nix The Toxic, Give Brett Kavanaugh A Shot," Boston Herald , 7/10/18)
DESPERATE TO COME UP WITH A REASON TO OPPOSE HIM, DEMOCRATS AND THEIR ALLIES ARE NOW LAUNCHING FALSE ATTACKS AGAINST JUDGE KAVANAUGH
Democratic Operatives Earned Four Pinocchios After Spreading Debunked Theories That Justice Kennedy's Retirement Was The Result Of A Corrupt Bargain With The President
President Of The Center For American Progress Neera Tanden Tweeted, "Justice Kennedy's Son Gave A Billion Dollar Loan To Trump When No One Would Give Him A Dime, And Justice Kennedy Has Been Ruling In Favor Of The Trump Administration Position For 2 Years." "Just to state this: Justice Kennedy's son gave a billion dollar loan to Trump when no one would give him a dime, and Justice Kennedy has been ruling in favor of the Trump Administration position for 2 years as the Court decides 5-4 case after 5-4 case." (Neera Tanden, Twitter Feed , 6/29/18)
Richard Painter, Minnesota Democratic Primary Candidate For The U.S. Senate, Tweeted "The Circumstances Of Justice Kennedy's Resignation Must Be Investigated By The Senate Judiciary Committee Before Any Replacement Is Considered." "The circumstances of Justice Kennedy's resignation must be investigated by the Senate Judiciary Committee before any replacement is considered. The Constitution does not give Trump the power to use underhanded means to induce Supreme Court resignations." (Richard W. Painter, Twitter Feed , 6/30/18)
The Washington Post : "There's No Evidence To Justify These Theories." "It would be explosive if Kennedy's decision to vote a certain way or to retire was based on Deutsche Bank's dealings with Trump more than a decade ago. Scratching below the surface, there's no evidence to justify these theories. The New York Times article doesn't supply it. It says Deutsche Bank loaned Trump more than $1 billion "during" Justin Kennedy's tenure, not that he was signing the checks or that any rules were broken. What we could piece together about Justin Kennedy's history doesn't support these theories, either." (Salvador Rizzo, "The Thinly Sourced Theories About Trump's Loans And Justice Kennedy's Son," The Washington Post , 7/12/18)
The Washington Post Gave The "Incendiary" Tweets From Painter And Tanden Four Pinocchios. "Standing alone, the tweets from Painter and Tanden are incendiary and worthy of Four Pinocchios. Painter says he wasn't questioning the Kennedys' actions. Uncorrected, his tweet leaves a different impression, since it relies on a New Republic article raising questions about the justice, his son and Trump." (Salvador Rizzo, "The Thinly Sourced Theories About Trump's Loans And Justice Kennedy's Son," The Washington Post , 7/12/18)
Senate Democrats Claimed Confirming Judge Kavanaugh Would Be The Destruction Of Healthcare, Which The New York Times Called "Exaggerated"
Sen. Brian Schatz (D-HI) Said, " All Of Our Values Are At Stake Here, But We Should Be Emphasizing Health-Care Because That Unites 60 To 70 Percent Of The Public." "'All of our values are at stake here, but we should be emphasizing health-care because that unites 60 to 70 percent of the public,' said Sen. Brian Schatz (D-Hawaii)." (Sean Sullivan, "Democrats Divided Over How To Attack Kavanaugh," The Washington Post , 6/12/18)
Sen. Tim Kaine (D-VA) Expressed Concern That "There Are Cases Working Their Way Up To That Could Cut The Affordable Care Act From Millions Of People." "'There are cases working there way up that could gut the Affordable Care Act and take health care away from millions of people,' Kaine said. 'Judge Kavanaugh has a written record dissenting in an earlier opinion dealing with the Affordable Care Act.'" (Bill Bartel, "Sen. Kaine Isn't Saying If He Favors Or Opposes Trump's Supreme Court Nominee But Is Troubled By What He's Seen," The Virginian-Pilot , 7/11/18)
Schumer Said Judge Kavanaugh "Will Make The Ability Of Americans To Afford Decent Healthcare So Much The Worse." "'At the top of the list is healthcare,' Senate Minority Leader Chuck Schumer, D-N.Y., said when he was asked what aspect of Kavanaugh's nomination Democrats plan to attack. 'This nominee will make the ability of Americans to afford decent healthcare so much the worse.'" (Philip Klein, "Democrats' Focus On Obamacare Suggests They Have Nothing On Brett Kavanaugh," Washington Examiner , 7/11/18)
The New York Times: "Senate Democrats Have Exaggerated Judge Brett M. Kavanaugh's Hostility To The Affordable Care Act In His Public Statements And Writings." "As they try to block his nomination to the Supreme Court, Senate Democrats have exaggerated Judge Brett M. Kavanaugh's hostility to the Affordable Care Act in his public statements and writings." (Linda Qiu, "Democrats Overstate Kavanaugh's Writings On The Affordable Care Act," The New York Times, 7/12/18)
Washington Examiner Said Democrats' Claim Judge Kavanaugh's Will Destroy Health Care "Is Fairly Flimsy." "Their line of attack is fairly flimsy. A lawsuit brought by 20 states, led by Texas and Wisconsin, argues that last year's repeal of the penalties for not purchasing insurance means that Obamacare's mandate is no longer a constitutional exercise of taxing power and must be invalidated along with the rest of the law." (Philip Klein, "Democrats' Focus On Obamacare Suggests They Have Nothing On Brett Kavanaugh," Washington Examiner , 7/11/18)
Despite Holding Similar Views In The Past, Sen. Gillibrand Called Judge Kavanaugh's Opinions On The Second Amendment "Shocking And Worrisome"
Sen. Kirsten Gillibrand (D-NY) Said Judge Kavanaugh Holds "Shocking And Worrisome" Opinions On The Second Amendment. SEN. KIRSTEN GILLIBRAND (D-NY): "He wrote a dissent in one of the rulings on whether or not you can have access to guns in this country. And D.C. said we don't want you to have handguns. D.C. said we don't want you to have assault rifles and large magazines. And on those issues, he dissented arguing that you shouldn't have to register your guns, which is absurd. I mean, we have to actually get licenses if we want to drive cars, but you don't have to register to get a gun? And he doesn't believe that a ban on semi-automatic weapons in a city like Washington, D.C. is constitutional. So hugely out-of-step views on gun violence that is shocking and worrisome." (Crooked Media's " Crooked Conversations ," 7/18/18)
As A Representative, Gillibrand Voted For And Co-Sponsored Legislation To Stop The City Council From Imposing Gun Regulations Retroactively. "When the Supreme Court struck down the D.C. gun ban the first time around in 2008 and when she was still a member of the House of Representatives, Gillibrand actually voted for legislation to stop the city council from imposing regulation retroactively. Toward that same end, Gillibrand even co-sponsored a bill called 'The Second Amendment Enforcement Act.'" (Philip Wegmann, Op-Ed, "Kirsten Gillibrand Used To Agree With Brett Kavanaugh On Guns. Now She Says He's 'Shocking And Worrisome,'" Washington Examiner , 7/19/18)
- Gillibrand Co-Sponsored The Second Amendment Enforcement Act. ("Cosponsors: H.R.6691 - 110th Congress (2007-2008)," Congress.gov , Accessed 7/23/18)
o The Bill Allowed An Individual To Possess Ammunition In The District If The Individual Owned A Firearm Of The Same Gauge Or Caliber As Such Ammunition. "Amends FCRA to allow an individual to possess ammunition in the District if the individual owns (currently, holds the valid registration certificate for) a firearm of the same gauge or caliber as such ammunition. Eliminates criminal penalties for possessing an unregistered firearm. Amends federal law to eliminate criminal penalties for carrying a pistol whether loaded or unloaded in one's dwelling house, place of business, or on land possessed by such person." ("Summary: H.R.6691 - 110th Congress (2007-2008)," Congress.gov , Accessed 7/23/18)
- Gillibrand Previously Earned An "A" Rating From The National Rifle Association. "Votes like that weren't out of the ordinary for Gillibrand, who earned an 'A' rating from the National Rifle Association and who boasted about keeping a rifle at home under her bed." (Philip Wegmann, Op-Ed, "Kirsten Gillibrand Used To Agree With Brett Kavanaugh On Guns. Now She Says He's 'Shocking And Worrisome,'" Washington Examiner , 7/19/18)
Without Any Evidence, At Least One Left-Wing Group Attempted To Smear Judge Kavanaugh With A False Claim Of Guilt By Association
In 1990-1991, Judge Kavanaugh Clerked For A Federal Judge On The Ninth Circuit Court Of Appeals Who Was Later Accused By Several Women Of Harassing Behavior. "In 1990-1991 Mr. Kavanaugh clerked for federal Judge Alex Kozinski on the Ninth Circuit Court of Appeals. Mr. Kozinski retired in December after he was accused by several women, including a former federal judge, of harassing behavior such as groping and showing them pornography." (Editorial, "The Smears Begin On Kavanaugh," The Wall Street Journal , 7/12/18)
At Least One "Left-Wing Outfit" Demanded That Senate Democrats Investigate Whether Judge Kavanaugh Knew About The Federal Judge's Behavior. "The McClatchy news service reported Wednesday that a left-wing outfit called Ultraviolet is circulating a six-page memo demanding that Senate Democrats investigate whether Mr. Kavanaugh knew about Mr. Kozinski's behavior a quarter-century ago. Think of this as the claims in the Christopher Steele Russia dossier without the evidence." (Editorial, "The Smears Begin On Kavanaugh," The Wall Street Journal , 7/12/18)
The Wall Street Journal 's Editorial Board: "The Political Left Is Going To Do Whatever It Can To Defeat Brett Kavanaugh's Nomination To The Supreme Court." "The political left is going to do whatever it can to defeat Brett Kavanaugh's nomination to the Supreme Court, and the smears have begun even earlier than usual." (Editorial, "The Smears Begin On Kavanaugh," The Wall Street Journal , 7/12/18)
The Wall Street Journal Wrote That "The Ultraviolet Sleaze-Slingers Have No Evidence That Mr. Kavanaugh Knew About Judge Kozinski's Behavior And No Witnesses To Anything Of The Sort." "The Ultraviolet sleaze-slingers have no evidence that Mr. Kavanaugh knew about Judge Kozinski's behavior and no witnesses to anything of the sort. They merely have insinuations that in the age of social media can spread around the world before the truth can even get a hearing." (Editorial, "The Smears Begin On Kavanaugh," The Wall Street Journal , 7/12/18)
Even Though Legal Experts Have Said Judge Kavanaugh's Views On Independent Counsels "Has Nothing To Do With Special Counsels," Democrats Have Attempted To Use Them To Conjure Up Opposition
Schumer Said That Judge Kavanaugh "Must Recuse Himself From Any Case Involved Mueller If Appointed To The High Court." "Senate Minority Leader Chuck Schumer, D-N.Y., said Wednesday that the Kavanaugh must recuse himself from any case involving Mueller if appointed to the high court." (Gabby Morrongiello, "White House Dismisses 'Laughable' Attacks On Kavanaugh's Views Toward Independent Counsel," Washington Examiner , 7/18/19)
Durbin Said Judge Kavanaugh Has "Come Down On The Side Of A Strong Executive Who Would Somehow Be Protected From The Ordinary Investigation And Prosecution That Other Americans Are Subjected To." "'In many instances now, he has come down on the side of a strong executive who would somehow be protected from the ordinary investigation and prosecution that other Americans are subjected to,' Sen. Dick Durbin, D-Ill., told reporters on Wednesday." (Gabby Morrongiello, "White House Dismisses 'Laughable' Attacks On Kavanaugh's Views Toward Independent Counsel," Washington Examiner , 7/18/19)
Sen. Cory Booker (D-NJ) Tweeted That There Were "Grave Questions About Whether Kavanaugh Would Rule The Current Special Counsel Investigation Unconstitutional." "In 2016, Judge Kavanaugh Said He Would 'Put The Final Nail' In SCOTUS Case Upholding The Independent Counsel Statute, Raising More Grave Questions About Whether Kavanaugh Would Rule The Current Special Counsel Investigation Unconstitutional." (Sen. Cory Booker, Twitter Feed , 7/18/18)
Sen. Richard Blumenthal (D-CT) Said It Is Clear That Judge Kavanaugh Believes "The President Is Above The Law." "Sen. Richard Blumenthal, D-Conn., said it is clear that Kavanaugh believes 'the president is above the law.'" (Dan Mangan, "Trump's Supreme Court Pick Kavanaugh Would 'Put The Final Nail In' Case That Upheld Independent Counsel Law," CNBC , 7/18/18)
Law Experts Have Said Judge Kavanaugh's View On Independent Counsels "Has Nothing To Do With Special Counsels Or Mueller's Probe And, In Fact, The Two Types Of Federal Investigations Are Completely Different." "But law experts told Newsweek that Kavanaugh's view on independent counsels has nothing to do with special counsels or Mueller's probe and, in fact, the two types of federal investigations are completely different." (Alexandra Hutzler, "Democrats Cry Foul, But Brett Kavanaugh's View Of Independent Counsels Is Unrelated To Mueller Probe, Experts Say," Newsweek , 7/18/18)
- George Washington University Law Professor Jonathan Turley Stated That, "Special Counsels Are An Entirely Different Creature." "'Special counsels are an entirely different creature,' Jonathan Turley, a law professor at George Washington University, told Newsweek. 'They are special but they are not independent.'" (Alexandra Hutzler, "Democrats Cry Foul, But Brett Kavanaugh's View Of Independent Counsels Is Unrelated To Mueller Probe, Experts Say," Newsweek , 7/18/18)
- David Fontana, A Law Professor At George Washington University, Agreed By Stating That "There Is No Way To Possibly Say That Kavanaugh Would Automatically View The Mueller Probe As Unconstitutional ." "David Fontana, a law professor at George Washington University, agreed with Turley and said that there is no way to possibly say that Kavanaugh would automatically view the Mueller probe as unconstitutional. Even if a five-justice majority featuring Kavanaugh were to overrule the Morrison v. Olson decision it is still likely that Mueller's investigation will be found constitutional, Fontana told Newsweek." (Alexandra Hutzler, "Democrats Cry Foul, But Brett Kavanaugh's View Of Independent Counsels Is Unrelated To Mueller Probe, Experts Say," Newsweek , 7/18/18)
In 1999, Durbin Insisted That "Unchecked Power Is Tyranny" And That "The Independent Counsel Is Unchecked, Unbridled, Unrestrained, And Unaccountable." SEN. DICK DURBIN (D-IL): "Our form of government is grounded on the premise that unchecked power is tyranny. The independent counsel is unchecked, unbridled, unrestrained, and unaccountable." (Senator Dick Durbin, Remarks At A Committee On Governmental Affairs Hearing , 2/24/99)
- Durbin Added That "Congress Should Do What Many People Are Asking, Simply Let The Law Expire." DURBIN: "Following the role played by the independent counsel in the impeachment trial of President Clinton, I think Congress should do what many people are asking, simply let the law expire." (Senator Dick Durbin, Remarks At A Committee On Governmental Affairs Hearing , 2/24/99)
The Washington Post Called Democrats' Claim That Judge Kavanaugh Believes The President Is Immune From The Law "An Extreme Distortion"
Booker Claimed President Trump "Picked The One Guy Who Has Specifically Written That A President Should Not Be the Subject Of A Criminal Investigation." "Sen. Cory Booker, D-N.J. agrees with Schumer. Booker said that President Trump 'picked the one guy who has specifically written that a president should not be the subject of a criminal investigation, which the president is right now.'" (John Yoo and Robert J. Delahunty, "John Yoo, Robert Delahunty: Schumer, Booker, Others Are Lying About Kavanaugh To Keep Him Off The Court," Fox News , 7/11/18)
Kaine Said "Another Red Flag" Is Judge Kavanaugh's "Written Comments That A Sitting President Should Be 'Excused From The Ordinary Burdens Of Citizenship.'" "Another red flag for Kaine is the judge's written comments that a sitting president should be 'excused from the ordinary burdens of citizenship,' including lawsuits or a criminal investigation. 'I don't understand where that argument is coming from, and I certainly want to inquire into it,' Kaine said." (Bill Bartel, "Sen. Kaine Isn't Saying If He Favors Or Opposes Trump's Supreme Court Nominee But Is Troubled By What He's Seen," The Virginian-Pilot , 7/11/18)
Brian Fallon, Executive Director Of Demand Justice And Former Press Secretary For Hillary Clinton's Campaign Tweeted That Judge Kavanaugh "Says Sitting POTUS Can't Be Indicted." "Kavanaugh: Praised "dissent" in Roe. Criticized Roberts ruling on Obamacare. Says sitting POTUS can't be indicted/can fire special counsel whenever he wants. Opposes net neutrality. Opposes consumer bureau. Says assault weapon bans are unconstitutional." (Brian Fallon, Twitter Feed , 7/9/18)
Rep. Carolyn Maloney (D-NY) Tweeted That Judge Kavanaugh "Thinks That The Pres Can't Stand Trial." "@realDonaldTrump's nomination of #Kavanaugh is a direct threat to women's #ReproRights, #healthcare, and rule of law. Kavanaugh, who could be presiding over a case should the Pres be indicted, thinks that the Pres can't stand trial. Trump has nominated a get-out-of-jail free card." (Rep. Carolyn Maloney, Twitter Feed , 7/9/18)
Democratic Candidate Alexandria Ocasio-Cortez Tweeted, "The Fact That #ScotusPick Kavanuaugh (Sic) Believes That A President Cannot Be Indicted Is An Automatic Disqualification From Supreme Court Consideration. Plain And Simple." "The fact that #ScotusPick Kavanaugh believes that a President cannot be indicted is an automatic disqualification from Supreme Court consideration. Plain and simple." (Alexandria Ocasio-Cortez, Twitter Feed , 7/9/18)
The Washington Post : Judge Kavanaugh's Stated Views "Don't Go As Fallon, Maloney And Ocasio-Cortez Claimed." "We don't mean to split hairs by analyzing whether Kavanaugh believes something 'can't' or 'shouldn't' happen, but in the legal arena, this distinction matters. Kavanaugh's stated views on this question don't go as far as Fallon, Maloney and Ocasio-Cortez claimed. Their tweets merit Two Pinocchios, although we considered giving Three. To say Kavanaugh is Trump's 'get-out-of-jail free card' is an extreme distortion of what he's written." (Salvador Rizzo, "Does Brett Kavanaugh Think The President Is Immune From Criminal Charges?" The Washington Post , 7/11/18)
Heller Professor Of Law At UC Berkeley School Of Law John Yoo Wrote That Judge Kavanaugh "Clearly Did Not - Repeat, Not -Argue In His Law Review Article That The President Has A Constitutional Immunity From Being Investigated Or Sued." "Kavanaugh clearly did not - repeat, not -argue in his law review article that the president has a constitutional immunity from being investigated or sued. Nor did he claim that misdeeds by a president should never subject the president to an accounting before the law. Kavanaugh explicitly affirmed that all of us - including the president - are equal in the eyes of the law." (John Yoo and Robert J. Delahunty, Op-Ed, "John Yoo, Robert Delahunty: Schumer, Booker, Others Are Lying About Kavanaugh To Keep Him Off The Court," Fox News , 7/11/18)
Finding No Dirt On Judge Kavanaugh, Some Have Even Criticized The Nominee For Enjoying Baseball
The Washington Post Assigned Three Reporters And Six Researchers To Investigate Judge Kavanaugh. "The venerable Washington Post, the newspaper that brought down a Republican president and spawned at least two Hollywood movies, a paper backed by the resources of the wealthiest man in America, sicced three reporters (including a Pulitzer Prize-winning investigative reporter) and six researchers on Supreme Court nominee Brett Kavanaugh." (Editorial, "The Left's Dismally Weak Case Against Brett Kavanaugh," Washington Examiner , 7/15/18)
The Team Produced Two Exposes On Judge Kavanaugh - That He "Drinks Budweiser At His Local Pub And Used A Credit Card To Buy Season Tickets To His Hometown Baseball Team." "This fearsome team produced two exposes on the nominee revealing that - drum roll, please - Kavanaugh drinks Budweiser at his local pub and used a credit card to buy season tickets to his hometown baseball team." (Editorial, "The Left's Dismally Weak Case Against Brett Kavanaugh," Washington Examiner , 7/15/18)
NARAL Criticized Judge Kavanaugh By Calling Him "Some Frat Boy Named Brett." "We'll be damned if we're going to let five MEN - including some frat boy named Brett - strip us of our hard-won bodily autonomy and reproductive rights. #StopKavanaugh #SaveRoe" (NARAL, Twitter Feed , 7/10/18)
Investor's Business Daily : "As Always, Democrats, The FBI And The Media Have Launched Into An Intense Investigation Of Judge Brett Kavanaugh's Background. And, So Far, There's Not Much Grist For The Old Washington, D.C. Scandal Mill." "Now the long, hard slog of getting a Supreme Court nominee onto the bench begins. As always, Democrats, the FBI and the media have launched into an intense investigation of Judge Brett Kavanaugh's background. And, so far, there's not much grist for the old Washington, D.C. scandal mill. But it's not for a lack of trying." (Editorial, "Media, Dems Can't Find Dirt On Kavanaugh - So Instead They Throw Mud," Investor's Business Daily , 7/13/18)
Progressive Groups Have Struggled To Mobilize (Real) Opposition Against Judge Kavanaugh, And Have Resorted To Ginning Up Fake Opposition Against Him
The Leadership Conference On Civil And Human Rights Said They Had "More Than 100 Vigils Scheduled" With Only One That Appeared Specific To Judge Kavanaugh's Confirmation. "When asked about mobilization efforts against Kavanaugh's nomination, the Leadership Conference on Civil and Human Rights, a civil-rights umbrella organization with hundreds of affiliated organizations, directed The Daily Beast to a series of sundown vigils to be conducted on Wednesday. Of the more than 100 vigils scheduled-including a 'Vigil Against the Beast, Donald Trump' in Indianapolis-only one appeared specific to President Trump's Supreme Court nominee: a 'Handmaids Against Kavanaugh' vigil in front of the Boston State House." (Scott Bixby, "Progressives Promised An Army To Fight Brett Kavanaugh. No One Is Enlisting." The Daily Beast , 7/18/18)
- As Of July 18, Only Ten People Had RSVP'd To The Judge Kavanaugh Vigil. "Ten people have RSVP'd so far." (Scott Bixby, "Progressives Promised An Army To Fight Brett Kavanaugh. No One Is Enlisting." The Daily Beast , 7/18/18)
At Least 21 Papers "Were Duped" After Running Identical Letters, Each Signed By A Different Person In Opposition To Judge Kavanaugh. "At least 21 papers were duped last week, including big-market brands like the Dallas Morning News and The Washington Times. They ran identical letters over a four-day period, each signed by a different person. The effort is an example of public-relations 'astroturfing,' a technique meant to simulate genuine grassroots support for an idea or cause." (David Martosko, "IDENTICAL Letters To The Editor In 12 States Slam Trump's Supreme Court Pick Warning Newspapers 'Everything That We Hold Dear' Is At Stake - And They're All 'Signed' By Different People," Daily Mail , 7/15/18)
- Each Letter Declared Judge Kavanaugh As "The Wrong Choice To Replace Justice Anthony Kennedy On The Supreme Court." "It begins by declaring that 'Brett Kavanaugh is the wrong choice to replace Justice Anthony Kennedy on the Supreme Court. If he is confirmed to the Supreme Court, everything that we hold dear as a nation will be at stake.'" (David Martosko, "IDENTICAL Letters To The Editor In 12 States Slam Trump's Supreme Court Pick Warning Newspapers 'Everything That We Hold Dear' Is At Stake - And They're All 'Signed' By Different People," Daily Mail , 7/15/18)
- Richard Lodge, Editor Of The Eagle-Tribune In North Andover, Massachusetts, Said He Called The Signer Of The Letter He Received And She Said She Did Not Sent It. "Richard Lodge, editor of The Eagle-Tribune in North Andover, Massachusetts, said Friday after hearing from DailyMail.com that he called the apparent 'signer' of the letter his paper ran, and '[s]he said she didn't send it.'" (David Martosko, "IDENTICAL Letters To The Editor In 12 States Slam Trump's Supreme Court Pick Warning Newspapers 'Everything That We Hold Dear' Is At Stake - And They're All 'Signed' By Different People," Daily Mail , 7/15/18)
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