The elite learn early that they’re special — and that they won’t face consequences.Brett Kavanaugh is not telling the whole truth. When President George W. Bush nominated him to the U.S. Court of Appeals for the District of Columbia Circuit in 2006, he told senators that he’d had nothing to do with the war on terror’s detention policies; that was not true.Kavanaugh also claimed under oath, that year and again this month, that he didn’t know that Democratic Party memos a GOP staffer showed him in 2003 were illegally obtained; his emails from that period reveal that these statements were probably false.
And it cannot be possible that the Supreme Court nominee was both a well-behaved virgin who never lost control as a young man, as he toldFox News and the Senate Judiciary Committee this past week, and an often-drunk member of the “Keg City Club” and a “Renate Alumnius ,” as he seems to have bragged to many people and written into his high school yearbook. Then there are the sexual misconduct allegations against him, which he denies.
.. How could a man who appears to value honor and the integrity of the legal system explain this apparent mendacity? How could a man brought up in some of our nation’s most storied institutions — Georgetown Prep, Yale College, Yale Law School — dissemble with such ease? The answer lies in the privilege such institutions instill in their members, a privilege that suggests the rules that govern American society are for the common man, not the exceptional one.
.. What makes these schools elite is that so few can attend. In the mythologies they construct, only those who are truly exceptional are admitted — precisely because they are not like everyone else. Yale President Peter Salovey, for instance, has welcomed freshmen by telling them that they are “the very best students.” To attend these schools is to be told constantly: You’re special, you’re a member of the elect, you have been chosen because of your outstanding qualities and accomplishments.
.. Schools often quite openly affirm the idea that, because you are better, you are not governed by the same dynamics as everyone else. They celebrate their astonishingly low acceptance rates and broadcast lists of notable alumni who have earned their places within the nation’s highest institutions, such as the Supreme Court. Iheard these messages constantly when I attended St. Paul’s, one of the most exclusive New England boarding schools, where boys and girls broke rules with impunity, knowing that the school would protect them from the police and that their families would help ensure only the most trivial of consequences... elites’ sense of their own exceptionalism helps instill within them a tendency to be less compassionate... Take drug use. While the poor are no more likely to use drugs (in fact, among young people, it’s the richer kids who are more likely to drink alcohol or smoke marijuana), they are far more likely to be imprisoned for it.. Kavanaugh’s privilege runs deep, and it shows. He grew up in a wealthy Washington suburb where his father spent three decades as CEO of a trade association. There has been a sense among his supporters that his place is deserved, which mirrors the climate of aristocratic inheritance he grew up around. His peers from the party of personal responsibility have largely rallied around him, seeking to protect his privilege... Ari Fleischer, put it: “How much in society should any of us be held liable today when we lived a good life, an upstanding life by all accounts, and then something that maybe is an arguable issue took place in high school? Should that deny us chances later in life?”American Conservative editor Rod Dreher wondered “why the loutish drunken behavior of a 17 year old high school boy has anything to tell us about the character of a 53 year old judge.”.. This collective agreement that accountability doesn’t apply to Kavanaugh (and, by extension, anybody in a similar position who was a youthful delinquent) may help explain why he seems to believe he can lie with impunity — a trend he continued Thursday, when he informed senators that he hadn’t seen the testimony of his accuser, Christine Blasey Ford, even though a committee aide told the Wall Street Journal he’d been watching... servant leadership and privilege are often bedfellows. Both suggest not a commonality with the ordinary American, but instead a standing above Everyman. Both justify locating power within a small elite because this elite is better equipped to lead... Retired justice Anthony Kennedy, according to some reports, hand-picked Kavanaugh as his successor.. both allow space for lying in service of the greater good. Privilege means that things like perjury aren’t wrong under one’s own private law.
a memo that his lawyers had prepared last year, for the special counsel, published by the Times over the weekend, which says that, because the President can legitimately stop investigations—by methods including his pardon power or by the firing or hiring of certain law-enforcement officials, which can be part of the President’s job—his actions “could neither constitutionally nor legally constitute obstruction because that would amount to him obstructing himself.” As the President’s lawyers see it, Trump, in effect, is justice.
.. what the President and his lawyers seem to be saying is that there will, or can, be no “high crimes or misdemeanors”—the standard for impeachment—for Mueller to report to Congress, because Trump can make them vanish.
.. What is especially jarring about this argument is that it posits that the President does not have to pardon himself for any potential crime to disappear; the idea that he could, maybe, someday pardon himself makes a crime un-criminal. The concept is meta-Machiavellian: it is not just that a theoretical end—a Presidential pardon or a firing of the special counsel—justifies the means; it erases the means. That which may never happen (a pardon) is treated as something that already has.
.. the part about pardons in the Constitution reads like this: the President “shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” (Emphasis added.)
The President may not be willing to read the parts of sentences that he doesn’t like, but one wishes that his lawyers would. The pardon power is not absolute
.. Whether a President can pardon himself or herself for anythingis not clear, in part because no President has ever tried
.. And should an investigator just assume that anything that harms the President won’t be prosecuted, and thus needn’t be investigated?
.. Does once having been Trump’s campaign chairman mean, for example, that Paul Manafort can, as Mueller’s team alleged on Monday, engage in witness tampering?
.. That is the logic of societies that have given up on the rule of law—leaving investigators and judges and juries always guessing about whether they are obliged to ignore plain facts in order to maintain the illusion of Presidential innocence.
.. there is no question that a President can, in the course of doing things that he is allowed to do—such as hiring and firing people—commit crimes, for example by taking bribes.
.. In Trump’s view, in other words, Sessions’s very conflict—his involvement in the campaign, which is presumably what Trump was referring to when he said that he “knew better than most”—was a reason for him to stay involved.
.. The reason that there is a Russia investigation, in other words, is a failure of the President’s subordinates to use the power that his office gave them. This, for Trump, seems to be the definition of a “hoax”: people pretending that Trump is not as powerful as Trump is.
.. When NBC’s Craig Melvin asked President Bill Clinton, this week for the “Today” show, whether it would have been better for him to resign, rather than fight it out, when he was impeached on charges that he had perjured himself and obstructed justice in relation to the Monica Lewinsky and Paula Jones cases, in 1998, Clinton said no and argued, “I defended the Constitution!”
.. He referred vaguely to “imagined facts” and to unspecified real ones that had been “conveniently omitted.”
.. It might seem surprising that Clinton was not better prepared for such questions ahead of his book tour. But then his wife’s Presidential campaign did not seem well prepared for such questions, either
.. “The American people, two-thirds of them, stayed with me,” he said—as if polls provided the ultimate pardon.
The Constitution gives the president nearly unlimited power to grant clemency to people convicted of federal offenses, so Mr. Trump can pardon Mr. Arpaio. But Mr. Arpaio was an elected official who defied a federal court’s order that he stop violating people’s constitutional rights. He was found in contempt of that court. By pardoning him, Mr. Trump would show his contempt for the American court system and its only means of enforcing the law, since he would be sending a message to other officials that they may flout court orders also... (Both also spent years promoting the lie that President Barack Obama was born outside the United States.).. Both men built their brands by exploiting racial resentments of white Americans. While Mr. Trump was beginning his revanchist run for the White House on the backs of Mexican “rapists,” Mr. Arpaio was terrorizing brown-skinned people across southern Arizona, sweeping them up in “saturation patrols” and holding them in what he referred to as a “concentration camp” for months at a time... It was this behavior that a federal judge in 2011 found to be unconstitutional and ordered Mr. Arpaio to stop. He refused, placing himself above the law and the Constitution that he had sworn to uphold... would also go against longstanding Justice Department policy, which calls for a waiting period of at least five years before the consideration of a pardon application and some expression of regret or remorse by the applicant. Mr. Arpaio shows no sign of remorse; to the contrary, he sees himself as the victim. “If they can go after me, they can go after anyone in this country,” he told Fox News on Wednesday. He’s right — in a nation based on the rule of law, anyone who ignores a court order, or otherwise breaks the law, may be prosecuted and convicted... What’s remarkable here is that Mr. Trump is weighing mercy for a public official who did not just violate the law, but who remains proud of doing so. The law-and-order president is cheering on an unrepentant lawbreaker. Perhaps that’s because Mr. Arpaio has always represented what Mr. Trump aspires to be: a thuggish autocrat who enforces the law as he pleases, without accountability or personal consequence.