Boys Will Be Supreme Court Justices

Kavanaugh’s accuser is credible. Will it matter?

.. Speaking to The Washington Post, she produced notes from a therapist she saw in 2012, whom she’d told about being attacked by students “from an elitist boys’ school” who grew up to become “high-ranking members of society in Washington.” According to her husband, that year she identified Kavanaugh to him by name. When Kavanaugh appeared on a shortlist of potential Supreme Court picks — but before his nomination had been announced — Blasey contacted both The Post and her member of Congress, Anna G. Eshoo of California. By all indications, she wanted to head his nomination off without being forced into the spotlight.

.. Blasey passed a polygraph administered by a former F.B.I. agent. The utility of polygraphs is dubious, but her willingness to take one is evidence of her sincerity. According to Axios, some Republicans wanted to call on Blasey to testify publicly, assuming she’d decline.

.. Judge, who wrote a memoir of his teenage alcoholism, has veered between denying the incident and saying he doesn’t recall it.

.. it’s a sign of how credible Blasey seems that, since this story broke, much of the public debate has been less about whether her accusations are true than whether they are relevant.

.. Ari Fleischer pondered the weight of high school misbehavior. “Should that deny us chances later in life?” he asked. “Even for Supreme Court job, a presidency of the United States, or you name it?”

.. Such arguments would be more convincing if people on the right weren’t so selective in their indulgence. Donald Trump called for the death penalty for the Central Park 5, who were 14 to 16 years old when they were arrested. (They’ve since been proven innocent.) Children are regularly put on sex offender registries, sometimes for their entire lives, for conduct less serious than what Kavanaugh is accused of.

In a sour irony, some legal experts think Kavanaugh’s confirmation could imperil Miller v. Alabama, a 2012 decision banning life sentences without parole for most teenage convicts.

We need to determine, as best we can, if he’s lying now.

.. Senators should also demand that Kavanaugh’s old friend Judge, who grew up to become a right-wing writer, testify, though Kavanaugh would surely prefer other character witnesses.

(“Oh for the days when President George W. Bush gave his wife, Laura, a loving but firm pat on the backside in public,” Judge once wrote. “The man knew who was boss.”)

.. There is a small, dark part of me that thinks it would be fitting if Republicans shove Kavanaugh through despite the allegations against him. Anyone Trump nominates is going to threaten Roe v. Wade. Kavanaugh would at least make plain the power dynamics behind forced pregnancy. We would lose Roe because

  • a president who boasted of sexual assault,
  • elected against the wishes of the majority of female voters,
  • was able to give a lifetime Supreme Court appointment to an ex-frat boy credibly accused of attempted rape.

.. Kavanaugh, helped by an all-male Republican caucus on the Judiciary Committee, would join Clarence Thomas, whose confirmation hearing helped make the phrase “sexual harassment” a household term.

They and three other men would likely vote against the court’s three women.

The brute imposition of patriarchy would be undeniable.

.. “If somebody can be brought down by accusations like this, then you, me, every man certainly should be worried.” If the Kavanaugh nomination goes forward, it’s because Trump and his allies believe that a certain class of men accused of sexual assault deserve impunity.

The Lesson of Omarosa’s New Trump Book

Omarosa Manigault’s forthcoming memoir and her allegations that Trump is a racist who habitually tosses around anti-black epithets. The Guardian reported that Manigault, in her book, says that she looked into rumors that there were tapes of “Apprentice” outtakes that allegedly include Trump using the word “nigger” and that, although she never tracked them down, she became convinced that they existed.

.. a contract proffered by Lara Trump for a fifteen-thousand-dollar monthly payment that Manigault believed amounted to hush money.

.. a period of gradual awakening to Trump’s bigoted outlook. Even after leaving the Administration, she offered the nonsensical hedge that Trump is “racial” but not racist—a position that is roughly equivalent to being human but not Homo sapiens.

.. Her realization about Trump’s outlook appears to have emerged at some point during her book deal. That’s not a gradual awakening, it’s a glacial, self-interested one.

.. His personal history yields an impressive greatest-hits collection that would include him

  • beginning his Presidential campaign by conflating Mexicans with rapists and later stating that
  • Judge Gonzalo Curiel should not preside over the Trump University fraud suit because of his Hispanic heritage. Trump
  • asked a friend of Karen McDougal, the former Playmate with whom Trump had an extramarital affair, if she liked “big black dick.” There is also, of course, the matter of
  • the Justice Department accusing the Trump family firm of discriminating against African-American renters in the seventies (Trump settled the suit without admitting guilt),
  • his racist public assault on the Central Park Five, and
  • his use of birtherism to propel himself into national politics. In a more recent spree,
  • he questioned the intelligence of Representative Maxine Waters, LeBron James, and the CNN host Don Lemon—each of whom is black—and (again) assailed African-American football players.

In matters of

  • race, as well as
  • competence,
  • decency,
  • character, and
  • fitness,

the public either already knows what it needs to know or intractably believes what it wishes to believe. Omarosa Manigault’s book is unlikely to change the balance of either.

I Want to Hate …’

In Trump’s America people are understandably experiencing news fatigue. There are torrents of it on multiple streams. There is outrage after outrage. It is often overwhelming.

That’s the plan, I suspect. Trump is operating on the Doctrine of Inundation. He floods the airwaves until you simply give up because you feel like you’re drowning.

.. I remember the episode that first revealed to me the darkness at Trump’s core, and I am renewed.

.. On an April night nearly 30 years ago, a young investment banker was beaten and raped when she went for a jog in Central Park. The attack left her in a coma

.. After being questioned for hours, the defendants gave false confessions that conflicted with one another, and those confessions were captured on video. As The New York Times pointed out in 2002: “The defendants in the jogger case were put on camera after they had been in custody, in some cases, for as long as 28 hours.”

.. “When we were arrested, the police deprived us of food, drink or sleep for more than 24 hours. Under duress, we falsely confessed.”

.. A few days after the attack, long before the teenagers would go on trial, Donald Trump bought full-page ads in New York newspapers — you may think of this as a precursor to his present-day tweets to a mass audience — under a giant, all-caps headline that read: “Bring Back the Death Penalty. Bring Back Our Police!”

.. After serving up to 13 years in prison, the boys were proven right: Another man confessed to the crime and his DNA matched that at the scene of the crime.

.. The boys, then men, had their convictions overturned, were freed, and eventually reached a multimillion-dollar settlement with the city over their wrongful convictions.

How did Trump respond after having called for them to be put to death? In true Trump fashion, he refused to apologize or show any contrition whatsoever.

.. In a 2014 opinion essay in The Daily News, Trump wrote that the settlement was a “disgrace” and that “settling doesn’t mean innocence.” He continued his assertion that the men were guilty, urging his readers: “Speak to the detectives on the case and try listening to the facts. These young men do not exactly have the pasts of angels.”

.. Mayor Koch has stated that hate and rancor should be removed from our hearts. I do not think so. I want to hate these muggers and murderers. They should be forced to suffer and, when they kill, they should be executed for their crimes.”

He continued:

“Yes, Mayor Koch, I want to hate these murderers and I always will. I am not looking to psychoanalyze or understand them, I am looking to punish them.”

.. That to me is the thing with this man: He wants to hate. When Trump feels what he believes is a righteous indignation, his default position is hatred. Anyone who draws his ire, anyone whom he feels attacked by or offended by, anyone who has the nerve to stand up for himself or herselfand tell him he’s wrong, he wants to hate, and does so.

.. This hateful spirit envelopes him, consumes him and animates him.

He hates women who dare to stand up to him and push back against him, so he attacks them, not just on the issues but on the validity of their very womanhood.

.. He hates black people who dare to stand up — or kneel — for their dignity and against oppressive authority, so he attacks protesting professional athletes, Black Lives Matter and President Barack Obama himself as dangerous and divisive, unpatriotic and un-American.

.. He hates immigrants so he has set a tone of intolerance, boasted of building his wall (that Mexico will never pay for), swollen the ranks of Immigration and Customs Enforcement, and attacks some as criminals and animals.

He hates Muslims, so he moves to institute his travel ban and attacks their religion with the incendiary comment that “I think Islam hates us.”

.. He always disguises his hatred, often as a veneration and defense of his base, the flag, law enforcement or the military. He hijacks their valor to advance his personal hatred.

.. So I remember that. I center that. I hear “I want to hate” every time I hear him speak.

Chris Hayes: What ‘Law and Order’ Means to Trump

No president since Richard Nixon has embraced the weaponized rhetoric of “law and order” as avidly as Mr. Trump. “When I take the oath of office next year, I will restore law and order to our country,” he said during his acceptance speech at the Republican National Convention in 2016. “I will work with, and appoint, the best prosecutors and law enforcement officials in the country to get the job properly done. In this race for the White House, I am the law and order candidate.”

Time and again, the president denounces “illegals” and “criminals” and the “American carnage” they wreak on law-abiding Americans. He even advised an audience of police officers to rough up suspects they were arresting.

.. Yet this tough-guy stance disappears when the accused are in the president’s inner circle. In defending Rob Porter, the White House senior aide accused of abuse by both of his ex-wives, the president wondered whatever happened to due process while praising a man accused of giving his wife a black eye. (Mr. Porter denies the abuse.)

..  Where was this concern for due process, they asked, when the president and his supporters chanted “Lock her up” about Hillary Clinton, who hadn’t even been formally accused of a crime? Where was his devotion to due process when he called for the Central Park Five to be executed, and then, after their exoneration, still maintained that they were guilty?

.. The president’s boundless benefit of the doubt for the Rob Porters and Roy Moores of the world, combined with off-with-their-heads capriciousness for immigrants accused of even minor crimes, is not a contradiction. It is the expression of a consistent worldview that he campaigned on and has pursued in office.

.. In this view, crime is not defined by a specific offense. Crime is defined by who commits it. If a young black man grabs a white woman by the crotch, he’s a thug and deserves to be roughed up by police officers. But if Donald Trump grabs a white woman by the crotch in a nightclub (as he’s accused of doing, and denies), it’s locker-room high jinks.

This view is also expressed by many of the president’s staff members, supporters and prominent allies. During the same week that the White House chief of staff, John Kelly, repeatedly vouched for Rob Porter’s integrity, Mr. Kelly also mused that hundreds of thousands of unauthorized immigrants who did not fill out the paperwork for DACA protections had refused to “get off their asses.”

A political movement that rails against “immigrant crime” while defending alleged abusers and child molesters is one that has stopped pretending to have any universalist aspirations.

The president’s moral framework springs from an American tradition of cultivating fear and contempt among its white citizens against immigrants, indigenous people and people of color, who are placed on the other side of “the law.” It’s a practice that has taken on new strength at a time when many white people fear they may be outnumbered, outvoted and out of time.

This is the opposite of what we like to tell ourselves is the traditional American civic creed: one symbolized by a blindfolded Lady Justice who applies the law without fear or favor to whoever may come before her. It is one of Mr. Trump’s most insidious victories that he has given his supporters permission to drop any pretense of insisting that their actions and views should conform to this principle.

If all that matters when it comes to “law and order” is who is a friend and who is an enemy, and if friends are white and enemies are black or Latino or in the wrong party, then the rhetoric around crime and punishment stops being about justice and is merely about power and corruption.

And this is what “law and order” means: the preservation of a certain social order, not the rule of law.

.. The history of the United States is the story of a struggle between the desire to establish certain universal rights and the countervailing desire to preserve a particular social order.

We are now witnessing a president who wholly embraces the latter. America can have that kind of social order, or it can have justice for all. But it can’t have both.