— Judiciary Committee Chairman Chuck Grassley said what was truly “unprecedented” was when Democrats blocked Robert Bork’s confirmation back in 1987. “This is my 15th Supreme Court confirmation hearing since I joined the committee in 1981,” said the Iowa Republican. “Thirty-one-years ago, during my fourth Supreme Court confirmation hearing, liberal outside groups and their Senate allies engaged in an unprecedented smear campaign against Judge Robert Bork.”
Bork, as the solicitor general, conspired with Richard Nixon in 1973 to carry out the “Saturday Night Massacre” and fire Archibald Cox in a scheme to obstruct the special prosecutor’s investigation into the Watergate affair. He did so after then-attorney general Elliot Richardson and deputy attorney general William Ruckelshaus had resigned rather than do so. Bork’s nomination to the high court went down 42 to 58 on the Senate floor, with six Republicans joining every Democrat in opposition. Ronald Reagan subsequently nominated Anthony Kennedy as a more moderate replacement.
.. — Judiciary Committee Chairman Chuck Grassley said what was truly “unprecedented” was when Democrats blocked Robert Bork’s confirmation back in 1987. “This is my 15th Supreme Court confirmation hearing since I joined the committee in 1981,” said the Iowa Republican. “Thirty-one-years ago, during my fourth Supreme Court confirmation hearing, liberal outside groups and their Senate allies engaged in an unprecedented smear campaign against Judge Robert Bork.”
Bork, as the solicitor general, conspired with Richard Nixon in 1973 to carry out the “Saturday Night Massacre” and fire Archibald Cox in a scheme to obstruct the special prosecutor’s investigation into the Watergate affair. He did so after then-attorney general Elliot Richardson and deputy attorney general William Ruckelshaus had resigned rather than do so. Bork’s nomination to the high court went down 42 to 58 on the Senate floor, with six Republicans joining every Democrat in opposition. Ronald Reagan subsequently nominated Anthony Kennedy as a more moderate replacement.
.. Kavanaugh is now up for this seat, which Grassley still resents did not go to Bork. The chairman read at length from an op-ed that ran over the weekend in the Wall Street Journal by conservative legal blogger Mark Pulliam. “By confirming Judge Kavanaugh,” Pulliam wrote, “the Senate can go some way toward atoning for its shameful treatment of Justice Robert Bork 31 years ago.”
.. Sen. Mike Lee (R-Utah), whose father was Reagan’s solicitor general, also complained about Bork being blocked during his opening statement. “It remains something of a rock-bottom moment for the Senate and for the Senate Judiciary Committee,” he said.
.. The chorus of reverent Republican paeans to Bork, whose legacy will always be tainted by his role as the hatchet man in the “Saturday Night Massacre,” were particularly striking against the backdrop of Democratic charges that Kavanaugh would give legal air cover to Trump in the plausible scenario that he moves against Bob Mueller, as well as the continuing unwillingness of congressional Republicans to pass legislation that would safeguard the special counsel.
.. In this vein, Sen. Richard Blumenthal (D-Conn.) argued that holding the hearing is “unprecedented … because [Trump] is an unindicted co-conspirator who has nominated a potential justice who will cast the swing vote on issues relating to his possible criminal culpability, including whether he is required to obey a subpoena or to appear before a grand jury, whether he is required to testify in a prosecution of his friends or associates or other officials in his administration and whether in fact he is required to stand trial if he is indicted while he is president.”
.. — Introducing himself to the committee as reasonable and collegial, Kavanaugh described Merrick Garland as a personal “friend” and a “superb” chief judge on the U.S. Court of Appeals for the D.C. Circuit, where they have served together for more than a decade. “I am proud of that body of work and I stand behind it,” Kavanaugh said.
Perhaps this was meant as an olive branch, but Democrats took it as trolling. Garland, after all, was Barack Obama’s nominee to replace Antonin Scalia in 2016, and Senate Republicans refused to give him a hearing or otherwise consider his nomination. As much as anything else, the GOP’s treatment of Garland two years ago destroyed the last vestiges of comity in the judicial nominations process. Three Democrats cited him during the hearing on Tuesday to call for a postponement.
Kavanaugh’s comment about Garland wasn’t the only thing that rubbed salt in open wounds. Tuesday’s hearing featured sometimes naked displays of brute political force by a party that has just a one-seat majority in the Senate.
.. “You had a chance, and you lost,” Sen. Lindsey Graham (R-S.C.) told the Democrats. “If you want to pick judges from your way of thinking, then you better win an election.”
Sen. Ted Cruz (R-Tex.) claimed that the GOP’s refusal to allow a hearing for Garland actually gives Gorsuch and Kavanaugh “super legitimacy” because voters in 2016 knew that the next president would get to pick at least one justice.By releasing a list of the judges he’d pick from, Cruz said, Trump provided “unprecedented transparency.”
“This is an attempt by the Democrats to relitigate the 2016 presidential election,” Cruz continued.
To be sure, when it looked like Hillary Clinton was probably going to win, Cruz argued that Republicans should consider keeping the seat vacant for her entire term.
.. these same GOP members have also been going to the White House complex for several weeks to participate in mock confirmation hearings with Kavanaugh.
They’ve pretended to be Democratic senators in these moot sessions and coached Kavanaugh on how to deflect expected inquiries from the other side.
.. “It’s mostly a sham,” said Whitehouse. “You know the game,” the senator told Kavanaugh, who looked back at him stone-faced. “In the Bush White House, you coached judicial nominees to just tell senators that they have a commitment to follow Supreme Court precedent, that they will adhere to statutory text and that they have no ideological agenda. Fairy tales!”
.. Last year, McConnell went “nuclear” — in the parlance of the Senate — by changing the rules of the body to allow Supreme Court nominees to be confirmed by a simple majority — instead of 60 votes. Harry Reid shortsightedly changed the rules four years earlier to allow lower-court nominees to be confirmed this way, but he said at the time that the Supreme Court process should stay sacrosanct.
.. Going nuclear means that presidents are more likely to pick ideological nominees when their party controls the Senate, whether from the right or the left, because they no longer need any members of the other party to cross over to secure 60 votes. Kavanaugh can be muscled onto the court with only GOP votes, which makes his confirmation a sort of fait accompli. He does not need to make concessions or agree to recuse himself from certain cases.
.. The result of the rule changes is a Senate that’s become more majoritarian. Members of the minority have fewer prerogatives. This is a recipe for institutional decay. No one who watched yesterday’s circus could credibly call the Senate the world’s greatest deliberative body. It certainly isn’t what James Madison had in mind when he designed the upper chamber as a cooling saucer on the passions of the people’s representatives in the House. Republicans will probably come to regret the rule changes when they again, inevitably, find themselves in the minority and Democrats treat them as they’re now being treated. That probably won’t happen next year, but perhaps in 2021 or 2023.
.. But there’s no going back now. Why would Democrats tie their hands and hold their nominees in the future to a higher standard than Republicans have held theirs? Neither party’s base would tolerate unilateral disarmament.
— “Kavanaugh may not become the most conservative member of the court, but his background suggests he would be the most partisan,” Dana Milbank explains in today’s paper. “Democrats say the committee received only 7 percent of Kavanaugh’s White House documents — and some of those have been altered, while half cannot be discussed publicly. Why? They would likely reinforce what is already known about Kavanaugh as a nakedly partisan appointment, solidifying the court’s transition from a deliberative body to what is effectively another political branch. ….. ‘a cynical view of Kavanaugh’s actions would be that he bases his legal reasoning on his conservative views — that he supports broad powers for a Republican president and circumscribed powers for a Democratic president.’ What has emerged about Kavanaugh — particularly his vulgar plan to humiliate [Bill] Clinton — reinforces that cynical view. This is why Kavanaugh’s defenders don’t want the documents to come out.”
Why Hackers Aren’t Afraid of Us
a group of finance ministers to simulate a similar attack that shut down financial markets and froze global transactions. By several accounts, it quickly spun into farce: No one wanted to admit how much damage could be done or how helpless they would be to deter it.
.. something has changed since 2008, when the United States and Israel mounted the most sophisticated cyberattack in history on Iran’s nuclear program, temporarily crippling it in hopes of forcing Iran to the bargaining table.
.. the sophistication of cyberweapons has so improved that many of the attacks that once shocked us — like the denial-of-service attacks Iran mounted against Bank of America, JPMorgan Chase and other banks in 2012, or North Korea’s hacking of Sony in 2014 — look like tiny skirmishes compared with the daily cybercombat of today.
.. Yet in this arms race, the United States has often been its own worst enemy. Because our government has been so incompetent at protecting its highly sophisticated cyberweapons, those weapons have been stolen out of the electronic vaults of the National Security Agency and the C.I.A. and shot right back at us.
.. the WannaCry ransomware attack by North Korea last year, which used some of the sophisticated tools the N.S.A. had developed.
.. Nuclear weapons are still the ultimate currency of national power, as the meeting between President Trump and Kim Jong-un in Singapore last week showed. But they cannot be used without causing the end of human civilization — or at least of a regime. So it’s no surprise that hackers working for North Korea, Iran’s mullahs, Vladimir V. Putin in Russia and the People’s Liberation Army of China have all learned that the great advantage of cyberweapons is that they are the opposite of a nuke: hard to detect, easy to deny and increasingly finely targeted. And therefore, extraordinarily hard to deter.
.. Cyberattacks have long been hard to stop because determining where they come from takes time — and sometimes the mystery is never solved.
.. Today cyberattackers believe there is almost no risk that the United States or any other power would retaliate with significant sanctions, much less bombs, troops or even a counter cyberattack.
.. “They don’t fear us,”
.. At the State Department, the eviction took weeks, shutting down systems during negotiations on the Iran nuclear deal. The hackers were even bolder at the White House. Instead of disappearing when they were exposed, they fought back, looking to install new malware as soon as the old versions were neutralized.
.. It appears the attackers just wanted to prove they could go, and stay, anywhere in the American government’s network.
.. the United States never called out the Russians for what they were doing.
.. If Mr. Putin thought there was no price to be paid for invading White House systems, why wouldn’t he attack the Democratic National Committee?
.. By the summer of 2016, some Obama administration officials, waking to the threat, proposed counterstrikes that included exposing Mr. Putin’s hidden bank accounts and his ties to the oligarchs and cutting off Russia’s banking system. But the potential for escalation caused Mr. Obama and his top aides to reject the plan.
“It was an enormously satisfying response,” a senior American official told me later, “until we began to think about what it would do to the Europeans.”
Mr. Obama also understandably feared that anything the United States did might provoke Mr. Putin to tinker with election systems just enough to give credence to Donald Trump’s warning that the system was “rigged.”
.. Since the election, the American retaliation has included closing some Russian consulates and recreation centers and expelling spies — actions one Obama national security official called “the perfect 19th-century solution to a 21st-century problem.”
.. The wide-open vulnerabilities in America’s networks have essentially deterred the United States from credibly threatening retaliation against the Russians, the Chinese, the North Koreans and the Iranians.
.. One way to start is to make sure no new equipment goes on the market unless it meets basic security requirements. We won’t let cars on the road without airbags, so why do we do less with the systems that connect them to the internet?
.. Second, we must decide what networks we care most about defending — and make those priorities clear. Mr. Mattis’s threat to turn to nuclear weapons hardly seems credible — unless the cyberattack would create an existential threat to America. That requires an intensive public review of what is critical to our nation’s survival.
..President Trump forfeited the perfect opportunity when he decided against a commission to learn the larger lessons from the 2016 election.
.. the United States needs to end the reflexive secrecy surrounding its cyberoperations. We need to explain to the world why we have cyberweapons, what they are capable of and, most important, what we will not use them for.
.. it is in the nation’s interests to develop global norms clarifying that some targets are off limits: election systems, hospitals and emergency communications systems, and maybe even electric power grids and other civilian targets.
.. Microsoft’s president, Brad Smith, has proposed digital Geneva Conventions that begin to establish those norms, outside the structure of governments and treaties.
.. Intelligence agencies hate this idea: They want the most latitude possible for future operations in an uncertain world. But in any arms control negotiation, to create limits on others, you need to give up something.
Tactical Nuclear Option Inside Reconciliation
With dynamic scoring, the Trump tax cuts would sail right through.
.. hats off to Senate Majority Leader Mitch McConnell for doing some swamp-draining when he exercised the “nuclear option” to overturn the filibuster for Supreme Court justices. McConnell busted an old 19th century rule, which was never in the Constitution
.. hats off to Senate Majority Leader Mitch McConnell for doing some swamp-draining when he exercised the “nuclear option” to overturn the filibuster for Supreme Court justices. McConnell busted an old 19th century rule, which was never in the Constitution
.. the scorekeepers are happy with tax hikes, allegedly to balance the budget. But tax hikes depress economic growth, which reduces GDP. And with a smaller income base, actual revenues decline, simply because most everybody is worse off.
.. only full employment can balance the budget, and tax reduction can pave the way to that employment.”
.. only full employment can balance the budget, and tax reduction can pave the way to that employment.”
.. only full employment can balance the budget, and tax reduction can pave the way to that employment.”
.. The CBO estimates real economic growth over the next ten years will continue to stagnate at a 1.8 percent annual pace.
.. How about a 3 percent growth rate over the next ten years? It’s still below America’s long-run average. But if you slash tax rates, particularly on large and small business, it is reasonable to assume more investment, new companies, profits, productivity, wages, and job creation
.. an economy growing at 3.1 percent per year would generate $4.5 trillion more revenues than an economy growing at 1.8 percent. $4.5 trillion.
..if Mike Enzi, chairman of the Senate Budget Committee, decides to use dynamic scoring, the Trump tax-cut proposals would sail through.