Senate Judiciary Committee

The 114th Supreme Court Justice In American History MUST Be Beyond Reproach, Since It Is A Lifetime Appointment, So NO To Kavanaugh!

Ronald 6 Comments

The next Supreme Court Justice will be the 114th in American history.

Being on the Supreme Court is a special honor, and it is a lifetime position, since only one Justice, Samuel Chase in 1805, has ever been impeached by the House of Representatives, and Chase was found not guilty by the US Senate and stayed on the Court. He was appointed by George Washington in 1796, and served on the Court until his death in 1811.

So if a person is appointed and confirmed to be a Justice, he or she will remain a member of the Court until death or retirement.

It is one thing for an elected official to have moral or ethical shortcomings, with the voters able to use that information and hold that person to accountability in future elections, but a Supreme Court Justice must be beyond reproach since it is a lifetime appointment,

Evidence against Brett Kavanaugh will be examined this week when his accuser, Christine Blasey Ford, will testify before the Senate Judiciary Committee.

Certainly, Kavanaugh is entitled to a hearing and ability to defend himself, but if there is any doubt about his telling the truth, which is already questionable about other aspects of his career before becoming a Circuit Court judge, then he should be rejected for this lifetime appointment, while likely to keep his present Circuit Court position, unless it is felt that he should forfeit that high honor as well.

Hopefully, the two Republican women in the Senate, Susan Collins of Maine and Lisa Murkowski of Alaska, will have enough backbone to stop the nomination, which they can do, if every Democratic Senator refuses to back him.

The point is that no one is entitled to confirmation, and Lyndon B. Johnson, Richard Nixon, Ronald Reagan, and George W. Bush had nominees rejected, so why not Donald Trump?

The Record And Views Of Supreme Court Nominee Brett Kavanaugh Could Determine Constitutional Law To 2050!

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Tomorrow, the contentious hearings on the nomination of Supreme Court nominee Brett Kavanaugh will begin in the Senate Judiciary Committee.

These will be the most controversial set of hearings since 1987 and Robert Bork, and 1991, with Clarence Thomas.

On both of those occasions, the Democrats controlled the Senate, and Bork was rejected by a vote of 58-42, while Thomas was confirmed by a vote of 52-48.

The effect of Justice Clarence Thomas for the past 27 years has been profound, with many future potential Circuit Court or Supreme Court candidates having clerked for him.

Thomas has been trying to take us back to the Articles of Confederation in many ways, but also admiring Presidential power at the same time.

This is the danger of Brett Kavanaugh, that he would take America domestically back to the Gilded Age, wiping out the New Deal, Great Society, and everything Barack Obama changed.

He comes across on the surface as a pleasant, nice man, but it is all very misleading.

This is a man who worked for Ken Starr in the impeachment of Bill Clinton, and now Kavanaugh has changed his view of Presidential power 180 degrees.

This is a man who worked in the White House for George W. Bush, and helped to plan the idea of an anti gay marriage amendment, that was part of the campaign of Bush in 2004. And now, Donald Trump has used executive privilege to prevent 100,000 documents from Kavanaugh’s time in the Bush White House from being made available, which is another controversy now created, as why should the Senate be unable to examine all pertinent material about a nominee?

This is a man who worked to deny September 11 victims the ability to sue for damages, limiting unsuccessfully that intent.

This is a man who in his Circuit Court decisions has come out against abortion rights, against ObamaCare, against the Consumer Financial Protection Bureau, against labor union rights, and willing to support limitations on voting rights.

This is a man who might be able to vote on whether Donald Trump can be indicted or prosecuted, and should recuse himself on any such matters as a conflict of interest, but likely will not do so. Justice William Rehnquist, when new on the Court as an Associate Justice, recused himself from the US Vs. Richard Nixon case in 1974 (after which Richard Nixon resigned), because Rehnquist had worked in the Justice Department under Nixon. So that famous and significant case was 8-0, not 9-0 or 8-1, and at the least, a Justice Kavanaugh should recuse himself from any case involving possible legal action against Donald Trump.

Kavanaugh could affect future decisions on campaign finance, climate change, election gerrymandering, and travel bans, and regulation of guns.

He would also create a right wing conservative Court, unlike any since 85 years ago.

And being only 53, he could be on the Supreme Court until 2050, when he would reach 85 years of age.

This would be the most long range effect of Donald Trump, no matter how much longer he remains in the Presidency, along with the 26 and more Circuit Court confirmations already accomplished by Senate Majority Leader Mitch McConnell, along with Supreme Court Justice Neil Gorsuch.

The Democrats’ only hope would be IF all 49 Democrats hold fast (highly unlikely); Susan Collins and Lisa Murkowksi (both pro choice on abortion) abandoning the party ties on this vote (highly unlikely); and the person who replaces John McCain in the Senate (maybe Cindy McCain) joining the two women Republican Senators in voting against Kavanaugh (highly unlikely).

Supreme Court Battle Could Move Potential Democratic Nominees Cory Booker, Kamala Harris, And Amy Klobuchar Into The Forefront

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The battle over the Supreme Court nominee to be announced in four days by President Donald Trump could move potential Democratic Presidential nominees Cory Booker, Kamala Harris, and Amy Klobuchar into the forefront of the news.

All three potential candidates are members of the Senate Judiciary Committee, and all three are expected to be vocal in their opposition to whoever Trump appoints.

These three Democrats are part of the “newer generation”, as opposed to Bernie Sanders, Joe Biden, and Elizabeth Warren, all of whom will be past 70 or nearing 80 in the case of the first two named, in 2020.

Booker and Harris will be 51 and 56, and Klobuchar will be 60 in 2020.

Booker and Harris tend to be more vehement in their oratory, than is the case with Klobuchar.

Booker and Harris represent the Northeast and Pacific Coast respectively, while Klobuchar is from the Midwest (Minnesota), an important factor for the Democrats, who need to win the Midwest if they are to win the White House.

Sadly, Booker being African American, and Harris being mixed race (Asian Indian mother and Jamaican father) and a woman, have to be regarded as minuses in the present political atmosphere.

Klobuchar is also a woman, of course, but being Caucasian and from the Midwest are pluses, along with her avoiding being confrontational or overly controversial in her public utterances, as Booker and Harris tend to be, along with other women candidates Kirsten Gillibrand and Elizabeth Warren.

One might say that a progressive should be for the most leftist candidate possible, but this author and blogger at this point, which is very early, sees Amy Klobuchar as more “mainstream”, and in theory more electable in 2020.

Truthfully, however, there is no way to judge this early, 18 months before the earliest caucuses and primaries, and 28 months before Election Day on 2020, as to which Democrat is the best bet.

But these three Judiciary Committee members will certainly be making news in the next few months, before their likely announcements of Presidential candidacy.

Utah Senator Mike Lee Seems To Have An Edge For Supreme Court Nomination

Ronald 4 Comments

On June 28, this blogger suggested that Utah Senator Mike Lee was a likely potential possibility for the Supreme Court nominee to replace Justice Anthony Kennedy.

He would be a rarity, a sitting United States Senator, chosen for the Supreme Court.

There is no requirement that a sitting Federal Court judge must be chosen, although that has become the tradition since Governor Earl Warren of California was chosen to be Chief Justice by President Dwight D. Eisenhower in 1953, with only Sandra Day O’Connor, who served in the Arizona State Senate, and chosen by Ronald Reagan in 1981, having any elective experience since then.

As stated on June 28, we had Senators earlier, including most impressively, Hugo Black, who had done good deeds on the Supreme Court.

So the belief that Mike Lee has the advantage comes to the forefront again. It was announced that Lee had been interviewed for the position, so he is on the short list.

Lee is 47, which from the viewpoint of Donald Trump and conservatives, is ideal, meaning a 35 year term on the Supreme Court under normal circumstances.

Lee is a sometimes critic of Trump, who did not back him, which makes him seem independent of any influence by Trump if Lee was on the Court.

Lee is pro life, which would make it hard for Susan Collins and Lisa Murkowski to support him, but neither is needed as long as some Red State Democrats—Joe Manchin, Joe Donnelly, Heidi Heitkamp—all who voted for Neil Gorsuch last year—support him. And both Collins and Murkowski ended up voting for Gorsuch, so their protestations seem weak.

It would be difficult for either Collins or Murkowski to vote against their own party and Senate colleague in the end, as after all, both voted for Jeff Sessions as Attorney General, and Collins even gave a strong endorsement presentation before the Senate Judiciary Committee for his nomination to the Justice Department, despite his outrageous racism.

So I suggest that Lee might be the choice of Trump, and more likely to sail through confirmation, and with a likely 53-46 vote (without John McCain voting), and possibly more Red State Democrats justifying the vote for their “Senate colleague”!

Party loyalty and Senatorial “courtesy” give Mike Lee the advantage, at least in theory, but we shall see!

What If Utah Senator Mike Lee Is Nominated For Supreme Court?

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Early speculation on who Donald Trump might select to replace retiring Justice Anthony Kennedy on the Supreme Court centers on Utah Republican Senator Mike Lee, an original Tea Party member, having served in the Senate, and promoting libertarian ideas since 2011.

Not always a supporter of Trump, and not backing him in 2016 due to the Access Hollywood tape, Lee would still be a prime choice for Trump.

Lee is only 47 and could be expected to serve on the Court until 2050 and beyond.

He is a member of the Senate Judiciary Committee, which has to consider the Supreme Court nomination, and there are 11 Republicans to 10 Democrats on that committee.

To believe that any of his GOP colleagues on the committee, or even in the Senate, would vote against their party member, is hard to conceive.

And if all 50 Republicans stay united (minus John McCain, who is not likely to return to Washington DC anytime soon), at the worst, Vice President Mike Pence can vote if need be, but a 50-49 vote is a majority, and likely, a few Democrats, in red states facing election, would cross the aisle and vote for Lee, as they did for Neil Gorsuch a year ago.

Having a Senator on the Supreme Court is not unheard of, as it has happened 15 times in American history.

Most famously, there was Alabama Democratic Senator Hugo Black, who served on the Court for 34 years from 1937 to 1971, appointed by Franklin D. Roosevelt. And President Harry Truman appointed two Senators—Sherman Minton of Indiana, who served from 1949-1956; and Harold Burton of Ohio who served from 1945-1958.

Also, there have been 17 Congressmen who served on the Supreme Court, including Warren G. Harding appointee George Sutherland of Utah who served from 1922-1938; and Chief Justice Fred Vinson of Kentucky, who served from 1946-1953, appointed by President Truman.

Finally, 6 Governors have been appointed to the Supreme Court, the last and most famous being California Governor Earl Warren, appointed Chief Justice by President Dwight D. Eisenhower in 1953 and serving to 1969; along with significant appointments by President Abraham Lincoln of Ohio Governor Salmon P Chase to be Chief Justice, serving from 1864-1873; former New York Governor Charles Evans Hughes, first appointed to the Court by William Howard Taft from 1910 to 1916, and then returning to the Court as Chief Justice by appointment of President Herbert Hoover from 1930-1941; and Michigan Governor Frank Murphy, appointed by FDR and serving from 1940-1949.

The Constitutional Crisis Has Arrived: Trump’s Direct Interference With Mueller Investigation, Justice Department, And FBI

Ronald 1 Comment

Here we are on May 21, 2018, Day 486 of the Trump Presidency, and Donald Trump has gone off the deep end, with his challenge to interfere directly with the Robert Mueller investigation, and the role of the Justice Department and the FBI in that controversy.

Robert Mueller, Deputy Attorney General Rod Rosenstein, and FBI Head Christopher Wray are now presented with a crisis that requires total courage, principle, and dedication to the rule of law.

And Republicans in Congress, including Speaker of the House Paul Ryan, and the members of the Senate who are involved in the Intelligence Committee and Judiciary Committee, as well as those in the House of Representatives committees, have a reckoning with history.

if they choose to bend to Donald Trump’s will, they will be condemned forever in history, and there is no more room for concessions.

It is time for Congress to join the responsible news media and demand the resignation of Donald Trump, or a rapid move toward impeachment.

No person matters more than the Constitution and Bill of Rights, and Donald Trump must be brought down to avoid a potential move toward an authoritarian government that could lead to the end of the American nation as we know it.

There is no room now for weak, unprincipled people in our government, but rather a time for all principled people to come forward and say to Donald Trump: YOU ARE FIRED!

Cory Booker And Kamala Harris Appointments To Senate Judiciary Committee A Boost To Their Predicted Presidential Candidacies In 2020

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The appointment of New Jersey Senator Cory Booker and California Senator Kamala Harris to the Senate Judiciary Committee is a boost to both legislators, both considered likely Presidential candidates a year from now.

Booker is African American, and Harris is mixed race with a parent born in Jamaica and a parent born in India.

Both have exceptional credentials, with Booker having bachelors degree in political science and masters degree in Sociology from Stanford; a Rhodes Scholarship to Oxford, where he earned an honors degree in American history; and a law degree from Yale Law School. He served on the Newark City Council from 1998-2002; as Newark Mayor from 2006-2013, and has been in the US Senate since 2013. He has also served on the Senate Foreign Relations Committee; Commerce, Science and Transportation Committee; and the Environment and Public Works Committee. He is an impressive orator and highly intelligent and qualified.

Kamala Harris graduated Howard University in Washington, DC, and Hasting Law School of the University of California. She worked in the San Francisco District Attorney’s office and the City Attorney’s Office, and then was elected and served as San Francisco District Attorney from 2004-2011, followed by election and service as California Attorney General from 2011-2017, and was elected to the Senate to serve beginning in 2017. She serves on the Senate Committee on Homeland Security and Government Affairs; Budget Committee; and Intelligence Committee; as well as her recant appointment to the Judiciary Committee. She is highly regarded for her oratory and intellectual brilliance.

Having had the excellent experience of Barack Obama in the Presidency, we now have the possibility of another person who is not white being a future President, and very possibly over time, both of them, with Harris being 56 and Booker 51 in 2020, so the long range potential is clearly present, if not in 2020, for a future President Booker or President Harris or both over time!

One Horrible Week After Another For Trump Presidency, But The Worst Is Yet To Come!

Ronald 3 Comments

The Trump Presidency has been one horrible week after another, but the worst is yet to come.

No President has ever had such a disastrous start, and yet, nothing ever improves. Now, a Quinnipiac poll shows him dropping to 33 percent.

Trump is totally disorganized and undisciplined, and nothing will change his behavior, as he has been able to escape responsibility for his behavior and actions until now, and thinks he will be able to overcome obstacles yet again.

But there is news for Donald Trump, bad news.

He will be held accountable for his transgressions, his sins against the American nation. His coverup is being revealed in all its ugliness.

It will take more time for Robert Mueller, the Special Counsel, and for the Intelligence Committees and Judiciary Committees of the House of Representatives and Senate to continue their investigation of the Russian collusion, and other accusations against the 45th President.

But even if Trump fires Robert Mueller through replacement of Jeff Sessions as Attorney General, he will be held to account, and faces the choice of impeachment, or indictment, or resignation, and no guarantee of a pardon or of avoiding prison, and the same for his son in law and older son.

America is a nation under laws, and Trump, with his cockiness, has met his match finally, at age 71!

The Paranoid, Conspiracy Theorist Donald Trump Returns After Speech To Congress: Crazy Accusations, Unprecedented, Against Barack Obama!

Ronald 29 Comments

Donald Trump, after giving a speech to Congress on Tuesday,regarded as “Presidential” by many, could not sustain his image for more than 24 hours.

Within a day, Attorney General Jeff Sessions, a horrible choice to head the Justice Department, was shown to have had two meetings with the Russian ambassador, and not telling the Senate Judiciary Committee of that fact in his hearings in January, and was forced to recuse himself from any investigation of Russian connections in the Trump campaign, but with more people now shown to have had contact with the ambassador, including son in law Jared Kushner.

And then, without explanation, in the early morning hours of Saturday on Twitter, Trump unleashed an attack on Barack Obama, that he had wiretapped the Trump Tower, and that Obama was a “bad, sick guy”.

This is unprecedented, and has NO validity at all, as Presidents cannot order wiretaps, as it goes through a special court to deal with such wiretaps.

It is clear more than ever that Donald Trump is delusional, paranoid, and a believer in conspiracy theories promoted by right wing crazies, including Breitbart News Service and crazies like Alex Jones.

No President has ever been as strong in attack on his predecessor, and Trump seems more and more mentally unhinged, and the idea of his being too dangerous to have the nuclear codes is growing, and the likelihood of him being forced out of office at some point grows, as millions of Americans must worry about the danger of this man remaining in the White House!

Most Crucial Trump Cabinet Member To Resist Is Jeff Sessions, Attorney General Nominee— A Danger To Civil Rights And Civil Liberties!

Ronald 6 Comments

The Trump cabinet choices are overall horrific, but the most that might be expected is to stop maybe one or two of the nominees.

It is so hard to judge which are the worst of all of them, but clearly, after reflection, the record of Senator Jeff Sessions disqualifies him for the position of Attorney General.

This is a man who has displayed racism, misogyny, nativism, and homophobia, and was opposed to extension of the Voting Rights Act, and he was already rejected for a federal judgeship in 1986 by a Senate with a majority of his own Republican Party.

In an age when civil rights and civil liberties are in danger from Donald Trump and his mentality, to put Jeff Sessions into the Justice Department would set back the Bill of Rights tremendously, as Sessions is no different than if one were to select former Alabama Governor George Wallace, or former North Carolina Senator Jesse Helms, or former South Carolina Senator Strom Thurmond to be Attorney General.

These were the worst of all Southern politicians who undermined civil rights, and there is no evidence that Jeff Sessions is any different in 2017.

All that is needed is for a few Republican Senators to show courage, and vote against their own colleague, replicating the Republican Senate of 1986, as then Arlen Specter and Charles Mathias blocked Sessions from a federal district court judgeship, a very rare occurrence.

Pressure must be brought on Lindsey Graham of South Carolina and Jeff Flake of Arizona to show the same kind of courage now, within the Senate Judiciary Committee.

Otherwise, it is essential that such Senators as Susan Collins of Maine, Rob Portman of Ohio, Lisa Murkowksi of Alaska, John McCain of Arizona, Pat Toomey of Pennsylvania, and Dean Heller of Nevada be appealed to, to reject Sessions.