Senate Judiciary Republicans Hiding Crucial Kavanaugh Documents


Republican Senators in the Senate Judiciary Committee are apparently blocking efforts by Democrats to get documents about U.S. Supreme Court nominee Brett Kavanaugh during the time he worked for the George W. Bush administration as White House Staff Secretary for 3 years. At issue is whether Kavanaugh lied to Congress about his role in crafting the Bush administrations harsh interrogation techniques(torture) for terrorists.


When Kavanaugh appeared before Congress for his confirmation hearings to the U.S. Court of Appeals for the DC Circuit, he denied playing any advisory role in the crafting of the torture techniques. After he was confirmed to the DC Circuit Court however, evidence emerged suggesting he had indeed advised the Bush administration on the torture procedures. Even more troubling, as a judge on the federal appeals court he heard cases that dealt with the same torture techniques he helped craft but he did not recuse himself, as any credible judge would

Naturally the Democrats in the senate judiciary committee are very interested in documents from the Bush administration that would settle the issue as to whether Kavanaugh lied to congress or not. Lying to congress is after all a felony and if it can be shown that Kavanaugh knowingly engaged in felonious conduct, he should not be confirmed to the U.S. Supreme Court. As a matter of fact if this can be proven, he should never have been confirmed to the federal appeals court in the first place.

It appears the Republicans in the senate judiciary committee have realized that such a revelation–that Kavanaugh lied to congress–could torpedo his confirmation and as expected, have started a shameful stonewalling campaign.

According to the Rachel Maddow Show(clip above), GOP senators in the senate judiciary committee have stonewalled so much, that Dem senators have resorted to seeking Kavanaugh documents using Freedom of Information Act(FOIA) requests. As Maddow correctly points out, U.S. Senators have never been forced to resort to FOIAs in their quest for information. As a matter of fact, senate judiciary Republicans during the confirmation hearings for U.S. Supreme Court Justice Elena Kagan sought and received all documents related to her work under the Obama administration

Bottom line Dems must call out Republicans in the senate judiciary committee for stonewalling on the crucial kavanaugh documents. There is absolutely no excuse for their conduct given the fact that senate judiciary republicans sought and received all documents related to Justice Elena Kagan’s work in the Obama administration

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Senate Dems Already Caving In Supreme Court Fight

In one of the most depressing segments on MSNBC’s AM Joy Show, Yours Truly was saddened, although not surprised, to find out that even before the opening bell in the fight to replace retiring Supreme Court Justice Anthony Kennedy has been rung, Senate Democrats are already throwing in the towel. Absolutely pathetic!

MSNBCs Joy Reid, citing a New York Times article says Senate Dems have apparently decided not to demand that Kennedy’s replacement be made after the midterms but instead are going for a “policy alternative” where they plan to build opposition to Trump’s nominee by highlighting the threat to abortion rights and healthcare. Simply put, Senate Dems have caved.

Interestingly, Joy Reid pointed out that when Republicans feared Hillary Clinton would be elected President, they vowed to block her Supreme Court nominee(s) for 4 years–her entire first term. Think about that folks and then contrast it with our weak Senate Dems who are afraid to stall for 4 months, when the GOP was willing to stall for 4 years. Grassroots Dems have always lamented the perennial weakness of Congressional Dems that has allowed people like Mitch McConnell to walk all over them and this is just the latest example. Yours Truly constantly encounters this Congressional Dem weakness complaint from grassroots Dems and as it turns out, it’s a legitimate gripe after all.

The key legal term that pops up in federal court when one is seeking an injunction is "irreversible harm". Dems have an easy case to make in federal court that once Trump's Supreme Court nominee is confirmed, their harm is irreversible(can't undo it). The court will most likely issue an injunction to let the case play out all the way to the Supreme Court, a process that will most likely last longer than 4 months.


Alternatively, Senate Dems can compell  any Trump nominee to pledge recusal on any issue dealing with TrumpRussia, something they'll either decline or if they accept, Trump would withdraw their nomination (remember Jeff Sessions). If Trump's nominee refuses to commit to recusal that gives Senate Dems a perfect excuse to stall because the conflicts of interest here are real and easily explainable to voters. The fight over TrumpRussia recusal if well played by Senate Dems could last more than 4 months. In addition to that, Senate Dems will look good in voters eyes because they will not be stalling for stalling sake, but will be seen as fighting for the integrity of the Supreme Court(removing Trump's conflicts of interest)

There are many other stalling tactics Senate Dems could employ. The only question is whether they have the guts to do  so. Bottomline Senate Dems need to get the message from grassroots Dems very clearly--If you don't put up a fight over Justice Kennedy's Supreme Court replacement, don't even bother about midterms 2018, do everybody a favor and just quit today!

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Trump, The Subject Of Mueller Probe Cannot Nominate A SCOTUS Justice. Can He?


Dem Senator Corey Booker is advancing a novel legal theory(#BookerTheory), a brilliant one as far as Yours Truly is concerned, arguing that because Trump is the subject of an ongoing criminal investigation (TrumpRussia), his nomination of a Supreme Court Justice to replace retiring Justice Kennedy creates an unacceptable conflict of interest. Senator Booker made the argument when he appeared on MSNBC’s Rachel Maddow Show.


According to Senator Booker, this is unacceptable because it boils down to Trump appointing a Supreme Court Justice for the specific purpose of helping him with the TrumpRussia investigation. There’s a very realistic chance that at some point, TeamTrump will challenge an aspect of Mueller probe in federal court, especially a subpoena for his testimony. Such a challenge would most likely end up in the Supreme Court to be adjudicated by Trump’s Supreme Court pick. Senator Booker’s argument is that this creates an unacceptable conflict of interest that may further tarnish the image of the Roberts Supreme Court.

It’s also worth pointing out that no previous U.S. President has nominated a Supreme Court justice while under criminal investigation. This is probably the strongest argument in the #BookerTheory because simply put, we’ve never been here before. The founding fathers never envisioned that someone engaged in or suspected of criminal conduct would ever rise to be President.

The fact that we are in unchartered waters means there is no Supreme Court precedent establishing Trump’s ability to nominate a Supreme Court justice under these circumstances but more importantly, creates a fertile ground for a legal challenge testing Senator Booker’s novel legal theory.

While Dems are engaged in an all out warfare with Republicans over whether Trump’s Supreme Court nominee should be seated before or after the midterms, maybe they should step aside and give serious consideration to the #BookerTheory–whether the ongoing Mueller probe precludes Trump from making the said Supreme Court nomination in the first place. Brace yourselves folks it’s Bush v Gore all over again.

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Appearance Of Impropriety Surrounding Justice Kennedy-Trump Relationship


Americans increasingly consider the Roberts Supreme Court more of a political body than a court of law–a troubling trend. Even more troubling is this New York Times piece that  says the Trump Administration conducted a “quiet campaign” to  effect Justice Kennedy’s retirement before Midterms 2018.  The New York Times piece, partly written by Maggie Haberman was quick to add; “There were no direct efforts to pressure or lobby Justice Kennedy to announce his resignation on Wednesday, and it was hardly the first time a president had done his best to create a court opening.”


Given the norm-breaking habit  of the Trump Administration, many people including Yours Truly will take issue with this conclusory assertion by Haberman that “there were no direct efforts” to pressure Justice Kennedy into retirement before the Midterms. Dems should not treat Haberman’s conclusory assertion as Biblical truth, but instead keep inquiring into the circumstances surrounding Justice Kennedy’s seemingly strategic departure from the High Court. Any reasonable person would conclude that Justice Kennedy’s departure right before the midterm elections signals a political motivation–one highly beneficial to Trump and his GOP.

In addition to that, the Financial Times reported in 2017 that Justice Kennedy’s son was Trump’s most trusted banker at Deutsche Bank, which gave Trump loans when no U.S. bank was willing to. Deutsche Bank has also been linked to Russian money laundering and is one of the banks Special Counsel Robert Mueller is looking into in the TrumpRussia investigation. How the son of a U.S. Supreme Court Justice gets caught up in the affairs of Deutsche Bank involving Trump should be a question of the utmost importance for Dems. And Dems don’t have to take Yours Truly’s word for it,  just check out this excellent thread by Amy Siskind regarding this issue.

Bottomline Dems must demand answers from retiring Justice Kennedy and indeed Chief Justice Roberts about whether he coordinated his exit with the Trump Adninistration and secondly the extent of his son's dealings with Trump while he was at Deutsche Bank and thereafter. Justice Kennedy's son's dealings with Trump raise genuine conflict of interest questions or at the very least create an appearance of impropriety. People's faith in the U.S. Supreme Court as an independent court of law is waning and stories like these only add to the mistrust. Dems must raise all these lingering questions as they fight for the U.S. Supreme Court.

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You may reach the author via email at author@grassrootsdempolitics.com or author@emolumentsclause.com

The Dangerous Koch Brothers Out To Buy Supreme Court Seat


Moments after Yours Truly urged Democrats to confront the unjust Roberts Supreme Court over its pattern of horrendous decisions that favor the GOP but wreck havoc on the rest of the nation, we got the bombshell news that Supreme Court Justice Anthony Kennedy is retiring on July 1.


Moments later we got word that the dangerous Koch Brothers plan to spend “seven figures” to get Trump to nominate who they(Kochs) think should be on the Supreme Court.


Bottomline Dems must not only start speaking out against the unjust Roberts Supreme Court, they must also point to instances like these where the Koch Brothers are trying to buy a Supreme Court seat as reasons why the horrendous Citizens United decision needs to be reversed

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