1. This was a contrived eleventh-hour ambush of the Kavanaugh nomination. From our editorial:
The hearing will probably degenerate into a political circus, given the theatrics at the first round of hearings even before a charge of sexual assault was on the table. The Democrats have conducted themselves disgracefully throughout this process, with their handling of this charge a new low and new depths sure to follow. But a public airing was unavoidable, certainly once both Kavanaugh and his accuser said they were willing to testify. We hope Republicans don’t blink from asking Ford tough questions about her account, even though such due diligence will be portrayed as rank sexism by Democrats and the media.
Absent any compelling new evidence that backs up the charge, we continue to strongly support Kavanaugh’s confirmation. We believe he’d make an excellent justice. In such a case, when emotions are high, a healthy republic should hew to basic principles of fairness. A good man and deserving judge should not be barred from the high court because of an unproven and almost certainly unprovable accusation of wrongdoing.
.. Andy: Our ace on this matter gives a thorough history lesson on the Democrats’ politicizing of the SCOTUS-nominee process (exclusively for GOP nominees!). From his savaging:
Justices Ginsburg and Breyer were well qualified. But, of course, so had been Bork and Thomas. Because they were Democrats, however, Ginsburg and Breyer sailed through. The two things Democrats and Republicans have in common are 1) abiding respect for the personal integrity and legal acumen of Democratic judicial nominees and 2) effective acceptance of the Democrats’ claimed prerogative to “Bork” any Republican court nominee, no matter how impeccably credentialed, no matter their obvious integrity.
.. Republicans have defeated Democratic nominees, but they never Bork them. They never demagogue Democratic nominees as sex offenders, racists, or homophobes. There are no “Spartacus” moments.
.. Even when Republicans are put off by a Democratic nominee’s progressive activism, they seem apologetic, quick to concede that the progressive in question adheres to a mainstream constitutional philosophy — one that is championed by leading American law schools and bar associations because it effectively rewrites the Constitution to promote progressive pieties.
.. Old GOP hands then typically vote “aye” while mumbling something about bipartisanship and some “presumption” that the president is entitled to have his nominees confirmed (a grant of deference that Democrats do not reciprocate, and that actually applies only to offices in the executive branch that exercise the president’s own power, not to slots in the independent judicial branch).
Even in 2016, when Republicans blocked Merrick Garland, President Obama’s late-term gambit to fill the vacancy created by the titanic Justice Antonin Scalia’s death, there was no besmirching of Judge Garland’s character. It was pure political calculation and exactly what Democrats would have done if roles had been reversed (minus the character assassination).
.. In substance, she “deliberately misled and deceived” her fellow senators, with the “effect of impeding discovery of evidence” relevant to the performance of their constitutional duties. No one should know better than Feinstein herself that such deceptive and obstructive conduct, widely regarded as “unacceptable,” “fully deserves censure,” so that “future generations of Americans . . . know that such behavior is not only unacceptable but also bears grave consequences,” bringing “shame and dishonor” to the person guilty of it and to the office that person holds, who has “violated the trust of the American people.” These quoted words all come from the resolution of censure Feinstein herself introduced concerning President Bill Clinton’s behavior in connection with his sex scandal. She can hardly be heard to complain if she is held to the same standard.
Comparison with other past censure cases only makes Feinstein’s situation look worse. The last three senators censured, Thomas Dodd, Herman Talmadge, and Dave Durenberger, were all condemned for financial hanky-panky: converting campaign contributions to personal use and the like. They were all found to have brought the Senate into “dishonor and disrepute” even though nothing they had done implicated the Senate’s performance of its constitutional duties. Feinstein, in sharpest contrast, sought to keep her committee from timely and properly investigating an apparently serious charge of misconduct, and is still doing so, even in the face of criticism from all (or most) quarters.
Mr. Mueller has told the president’s lawyers that he needs to talk to their client to determine whether he had criminal intent to obstruct the investigation into his associates’ possible links to Russia’s election interference. If Mr. Trump refuses to be questioned, Mr. Mueller will have to weigh their arguments while deciding whether to press ahead with a historic grand jury subpoena.
Mr. Mueller had raised the prospect of subpoenaing Mr. Trump to Mr. Dowd in March.
.. The attempt to dissuade Mr. Mueller from seeking a grand jury subpoena is one of two fronts on which Mr. Trump’s lawyers are fighting. In recent weeks, they have also begun a public-relations campaign to discredit the investigation and in part to pre-empt a potentially damaging special counsel report that could prompt impeachment proceedings
.. Mr. Giuliani said in an interview that Mr. Trump is telling the truth but that investigators “have a false version of it, we believe, so you’re trapped.”
.. “Ensuring that the office remains sacred and above the fray of shifting political winds and gamesmanship is of critical importance,” they wrote.
.. They argued that the president holds a special position in the government and is busy running the country, making it difficult for him to prepare and sit for an interview. They said that because of those demands on Mr. Trump’s time, the special counsel’s office should have to clear a higher bar to get him to talk. Mr. Mueller, the president’s attorneys argued, needs to prove that the president is the only person who can give him the information he seeks and that he has exhausted all other avenues for getting it.
“The president’s prime function as the chief executive ought not be hampered by requests for interview,” they wrote. “Having him testify demeans the office of the president before the world.”
They also contended that nothing Mr. Trump did violated obstruction-of-justice statutes, making both a technical parsing of what one such law covers and a broad constitutional argument that Congress cannot infringe on how he exercises his power to supervise the executive branch. Because of the authority the Constitution gives him, it is impossible for him to obstruct justice by shutting down a case or firing a subordinate, no matter his motivation, they said.
“Every action that the president took was taken with full constitutional authority pursuant to Article II of the United States Constitution,” they wrote of the part of the Constitution that created the executive branch. “As such, these actions cannot constitute obstruction, whether viewed separately or even as a totality.”
That constitutional claim raises novel issues, according to legal experts. Under the Constitution, the president wields broad authority to control the actions of the executive branch. But the Supreme Court has ruled that Congress can impose some restrictions on his exercise of that power, including by upholding statutes that limit his ability to fire certain officials. As a result, it is not clear whether statutes criminalizing obstruction of justice apply to the president and amount to another legal limit on how he may wield his powers.
Subpoenas of the president are all but unheard-of. President Bill Clinton was ordered to testify before a grand jury in 1998 after requests for a voluntary appearance made by the independent counsel, Kenneth W. Starr, went nowhere.
To avoid the indignity of being marched into the courthouse, Mr. Clinton had his lawyers negotiate a deal in which the president agreed to provide testimony as long as it was taken at the White House and limited to four hours. Mr. Starr then withdrew the subpoena, avoiding a definitive court fight.
In making their arguments, Mr. Trump’s lawyers also revealed new details about the investigation. They took on Mr. Comey’s account of Mr. Trump asking him privately to end the investigation into Mr. Flynn. Investigators are examining that request as possible obstruction.
But Mr. Trump could not have intentionally impeded the F.B.I.’s investigation, the lawyers wrote, because he did not know Mr. Flynn was under investigation when he spoke to Mr. Comey. Mr. Flynn, they said, twice told senior White House officials in the days before he was fired in February 2017 that he was not under F.B.I. scrutiny.
“There could not possibly have been intent to obstruct an ‘investigation’ that had been neither confirmed nor denied to White House counsel,” the president’s lawyers wrote.
Moreover, F.B.I. investigations do not qualify as the sort of “proceeding” an obstruction-of-justice statute covers, they argued.
“Of course, the president of the United States is not above the law, but just as obvious and equally as true is the fact that the president should not be subjected to strained readings and forced applications of clearly irrelevant statutes,” Mr. Dowd and Mr. Sekulow wrote.
Samuel W. Buell, a Duke Law School professor and white-collar criminal law specialist who was a lead prosecutor for the Justice Department’s Enron task force, said the real issue was whether Mr. Trump obstructed a potential grand jury investigation or trial — which do count as proceedings — even if the F.B.I. investigation had not yet developed into one of those. He called it inexplicable why the president’s legal team was making arguments that were focused on the wrong obstruction-of-justice statute.
They went beyond asserting Mr. Trump’s innocence, casting him as the hero of the Flynn episode and contending that he deserved credit for ordering his aides to investigate Mr. Flynn and ultimately firing him.
“Far, far, from obstructing justice, the only individual in the entire Flynn story that ensured swift justice was the president,” they wrote. “His actions speak louder than any words.”
The lawyers acknowledged that Mr. Trump dictated a statement to The Times about the 2016 Trump Tower meeting between some of his top advisers and Russians who were said to have damaging information about Hillary Clinton. Though the statement is misleading — in it, the president’s eldest son, Donald Trump Jr., said he met with Russians “primarily” to discuss adoption issues — the lawyers call it “short but accurate.”
The president’s lawyers argued that the statement is a matter between the president and The Times — and the president’s White House and legal advisers have said for the past year that misleading journalists is not a crime.
Mr. Trump’s lawyers also try to untangle another potential piece of evidence in the obstruction investigation: his assertion, during an interview with Lester Holt of NBC two days after Mr. Comey was fired, that he was thinking while he weighed the dismissal that “this Russia thing” had no validity. Mr. Mueller’s investigators view that statement as damning, according to people familiar with the investigation.
But the lawyers say that news accounts seized on only part of his comments and that his full remarks show that the president was aware that firing Mr. Comey would lengthen the investigation and dismissed him anyway.
The complete interview, the lawyers argued, makes clear “he was willing, even expecting, to let the investigation take more time, though he thinks it is ridiculous, because he believes that the American people deserve to have a competent leader of the F.B.I.”
- .. The father was a powerful evangelist who turned evangelicalism into the dominant spiritual impulse in modern America.
- His son is—not to put too fine a point on it—a political hack, one who is rapidly rebranding evangelicalism as a belief system marked not by faith, hope, and love but by fear of Muslims and homophobia.
.. Graham got into bed with the wrong man in Richard Nixon. And while he must be praised for integrating his revivals (which he called crusades) and for inviting the Reverend Martin Luther King Jr. to deliver an invocation at his massive New York City crusade in 1957, he was missing in action when it came to civil rights legislation.
.. After King imagined in his 1963 “I Have a Dream Speech” a “beloved community” in which “little black boys and little black girls will join hands with little white boys and white girls,” Graham dismissed that dream as utopian. “Only when Christ comes again will the little white children of Alabama walk hand in hand with little black children,” he said.
.. ultimately chastened by his chumminess with Nixon
.. worked hard to transcend the racism and anti-Semitism that swirled around him as a farm boy in North Carolina
.. understood (at his best) that the Christian message (at its best) is about love rather than fear, inclusion rather than exclusion.
.. When asked to join in common cause with Jerry Falwell after the foundation of the Moral Majority in 1979, Graham refused to yoke his organization to the cultural wars of the Religious Right and the Republican Party.
.. Shortly after 9/11, Franklin Graham provided the sound bite of today’s culture wars when he denounced Islam as “a very wicked and evil religion.” He later became thestandard bearer for the view that Islam is, in his words “a religion of hatred . . . a religion of war.”
.. In addition to purveying the birther nonsense
.. suggested that President Barack Obama was not a Christian and might in fact be a secret Muslim.
.. he demonstrates no awareness of the ways in which his political pronouncements are breaking down the evangelical witness his father devoted so much energy to building up.
.. During World War II era, European churches were hurt badly by the affiliation of Christianity with right-wing political movements
.. Americans witnessed a powerful religious revival after the war, thanks in part to Billy Graham. That revival is over. Religion is now declining in the United States, and evangelicalism with it
.. the portion of white evangelical Protestants in the United States declined from 23 percent to 17 percent.
.. 27 percent of Americans describe themselves as “spiritual but not religious” and another 18 percent as “neither religious nor spiritual.”
.. There are many reasons for this decline in religious believing and belonging. But the most important in my view is the increasing identification of the Christian churches with right-wing politics.
.. Reinhold Niebuhr, who criticized Graham for his “pietistic individualism” and his neglect of social sin.
.. stuck for the most part to his simpler message that the world would be saved only through individual regeneration.
.. mistake the gospel of Christ for the gospel of American civilization.
.. Graham had a humility almost entirely lost among the public preachers of our day, his eldest son included.
Mr. Trump’s foreign policy reflects his instinct for political realignment at home, based on celebrity populism.
.. First, it professes to reflect the will of a scorned people.
.. Second, populism finds and blames enemies, domestic or foreign, who thwart the people’s will. Mr. Trump has mastered insulting such scapegoats.
.. Third, populism needs “the leader,” who can identify with and embody the will of the people. Like other populist leaders, Mr. Trump attacks the allegedly illegitimate institutions that come between him and the people. His solutions, like those of other populists, are simple. He contends that the establishment uses complexity to obfuscate and cover up misdeeds and mistakes. He claims he will use his deal-making know-how to get results without asking the public to bear costs.
.. Mr. Trump’s foreign policies serve his political purposes, not the nation’s interests
- .. He says the U.S. needs to build a wall to keep Mexicans at bay—and Mexico will pay for it. He asserted he would
- block Muslims from coming to America to harm us.
- His protectionist trade policies are supposed to stop foreigners from creating deficits, stealing jobs, and enriching the corporate elite.
- Mr. Trump also asserts that U.S. allies have been sponging off America. T
- he U.S. military is supposed to hammer enemies and not bother with the cleanup—even if the result, for example in Syria, is an empowered axis of Iran, Shiite militias, Hezbollah and Bashar Assad’s regime.
.. The president’s emphasis on discontinuity—breaking things—demonstrates action while disparaging his predecessors.
.. His style of deal-making prizes uncertainty and brinkmanship, which risks escalation, without a plan for what comes next.
.. Other presidents led an alliance system that recognizes U.S. security is connected to mutual interests in Europe, the Asia-Pacific region and the Middle East. Past presidents believed that the U.S. economy would prosper in a world of expanding capitalism
.. Mr. Trump dismisses this U.S.-led international system as outdated, too costly and too restrictive of his case-by-case deal-making.
- .. Trump disdains America’s intelligence agencies and is
- dismantling the State Department. His foils at home are
- the courts,
- the press, a clumsy
- Congress beholden to antiquated procedures, and even
- his own Justice Department.
.. Mr. Trump’s recent trip to Asia reveals that foreigners have taken his measure. They play to his narcissism. He in turn basks in their attention, diminishes his own country by blaming past presidents, and preens with promises of great but unspecified things to come.
.. The president’s need to project an image of personal power—for his domestic audience and his ego—makes him more comfortable with authoritarian leaders. Presidents Xi Jinping, Vladimir Putin and Rodrigo Duterte have noticed, as has part of the Saudi royal family.
.. Sixty percent say alliances with Europe and East Asia either are mutually beneficial or mostly benefit the U.S. Record numbers say international trade is good for consumers (78%), the economy (72%) and job creation (57%). Some 65% support providing illegal immigrants a path to citizenship, and only 37% characterize immigration as a critical threat. All these numbers have shifted against Mr. Trump’s positions since the election.