With Brett Kavanaugh, as with Donald Trump, Conservatives Defend a Tainted Nominee

The implication was that the court of public opinion is trying not Brett Kavanaugh but the very idea of the All-American boy—good-natured, mischievous, but harmless. That Brett Kavanaugh was a decent kid who may have erred here and there but only did so in good fun, and that investigating the allegations levelled by Ford, Deborah Ramirez, and Julie Swetnick in earnest would amount to marching Tom Sawyer, Opie Taylor, and the Beaver single-file to the guillotine.

.. This was what moved Senators John Cornyn and Ben Sasse to seemingly genuine tears during Kavanaugh’s testimony. But it was Lindsey Graham who went apoplectic. “What you want to do is destroy this guy’s life, hold this seat open, and hope you win in 2020,” he shouted at Democrats during his turn for questions. “This is the most unethical sham since I’ve been in politics.”

“Boy, y’all want power,” he continued. “God, I hope you never get it.”

.. The Kavanaugh nomination is now, in part, a referendum on the #MeToomovement—on whether the goodness of successful men, with families and the respect of their peers, should be taken for granted, and whether the women who have suffered abuse, but who don’t possess the kind of evidence a prosecutor might find satisfying, should remain silent and invisible lest they sully sterling reputations.

.. Kavanaugh—by appearing in a prime-time TV interview, and in casting the accusations, incredibly, as a conspiracy against him orchestrated by allies of the Clintons—has shown himself to be exactly the political operative he was when he was working under Ken Starr and as a hired gun for the Bush Administration.

.. He is, backed into a corner and stripped of his robes, the quintessential Fox News man—both gladiator and perpetual victim, another “white male,” as Graham called himself on Friday, told to shut up and go away by feminists and a vindictive left.

.. Belligerent, wounded, proud, timorous, and entitled—a man given to gaslighting and dissembling under pressure.

..  Should he be confirmed, he will have the power to color rulings from the highest court in the land with the biases and emotionality he has revealed this past week until, if he so chooses, he drops dead.

.. Conspiracy theories about Kavanaugh’s accusers—that Ramirez was an agent of George Soros, for instance, or that Kavanaugh’s mother, a district-court judge, had ruled against Ford’s parents in a foreclosure case—were offered not only by the likes of the Daily Caller and Trumpists at the site Big League Politics this week but also by the NeverTrumper Erick Erickson, who has called Ford a “partisan hack,” and a reporter for National Review.

.. It was Ed Whelan—who heads something called the Ethics and Public Policy Center and is a man Washington conservatives consider “a sober-minded straight shooter,” according to Politico—who potentially defamed a Georgetown Prep alumnus with unfounded speculation about a Kavanaugh “doppelgänger,” a theory that could have originated on the right-wing message boards that birthed Pizzagate and are now fuelling QAnon.

.. The kind of discrediting rhetoric that was deployed by supporters of Trump and Roy Moore in the wake of allegations against them—that the charges had come after too many years, that the women bear blame or should be regarded skeptically for being in situations in which abuse might take place—was let loose by respected figures like the National Review editor, Rich Lowry. “Why,” he asked, of Swetnick, on Wednesday, “would she constantly attend parties where she believed girls were being gang-raped?”

.. And the Times’Bari Weiss and the former Bush Administration press secretary Ari Fleischer, both on the center-right, were among those who suggested that Kavanaugh should be advanced even if the allegations levelled by Ford are true.

.. It is often argued by this crowd that broad criticisms of the right risk pushing sensible conservatives toward Trumpism. But the events of the past two weeks have made plain just how illusory and superficial the differences between the respectable establishment and the Trumpists really are.

.. it cannot be said now, as it was in November, 2016, that the man in question is the best or only option for those committed to conservative policy objectives. Backing Brett Kavanaugh is a choice conservatives have made over viable alternatives—qualified conservative candidates who could be spirited through the nomination process before November’s elections or in the lame-duck session by a Republican Senate that has already proved itself capable of sidestepping the required procedural hurdles.

They have chosen this course because the Kavanaugh nomination has presented the movement with a golden opportunity to accomplish two things more valuable, evidently, than merely placing another conservative on the court: standing against the new culture of accountability for sexual abuse and, at least as important, thumbing their noses at an angry and despairing Democratic Party.

Why Brett Kavanaugh Wasn’t Believable

Judge Kavanaugh, when it was his turn, was not laughing. He was yelling. He spent more than half an hour raging against Senate Democrats and the “Left” for “totally and permanently” destroying his name, his career, his family, his life. He called his confirmation process a “national disgrace.”

“You may defeat me in the final vote, but you will never get me to quit,” Judge Kavanaugh said, sounding like someone who suddenly doubted his confirmation to the Supreme Court — an outcome that seemed preordained only a couple of weeks ago.

Judge Kavanaugh’s defiant fury might be understandable coming from someone who believes himself innocent of the grotesque charges he’s facing. Yet it was also evidence of an unsettling temperament in a man trying to persuade the nation of his judicial demeanor.

.. As he put it in his testimony, “What goes around, comes around,” in the partisan vortex that has been intensifying in Washington for decades now. His open contempt for the Democrats on the committee also raised further questions about his own fair-mindedness, and it served as a reminder of his decades as a Republican warrior who would take no prisoners.

.. He gave coy answers when pressed about what was clearly a sexual innuendo in his high-school yearbook.

He insisted over and over that others Dr. Blasey named as attending the gathering had “said it didn’t happen,” when in fact at least two of them have said only that they don’t recall it — and one of them told a reporter that she believes Dr. Blasey.

.. Judge Kavanaugh clumsily dodged a number of times when senators asked him about his drinking habits. When Senator Amy Klobuchar gently pressed him about whether he’d ever blacked out from drinking, he at first wouldn’t reply directly. “I don’t know, have you?” he replied — a condescending and dismissive response to the legitimate exercise of a senator’s duty of advise and consent. (Later, after a break in the hearing, he apologized.)

.. Judge Kavanaugh gave categorical denials a number of times, including, at other points, that he’d ever blacked out from too much drinking. Given numerous reports now of his heavy drinking in college, such a blanket denial is hard to believe.

.. then there’s the fact that she gains nothing by coming forward. She is in hiding now with her family in the face of death threats.

.. cowardice of the committee’s 11 Republicans, all of them men, and none of them, apparently, capable of asking Dr. Blasey a single question.

.. Eventually, as Judge Kavanaugh testified, the Republican senators ventured out from behind their shield. Doubtless seeking to ape President’s Trump style and win his approval, they began competing with each other to make the most ferocious denunciation of their Democratic colleagues and the most heartfelt declaration of sympathy for Judge Kavanaugh, in a show of empathy far keener than they managed to muster for Dr. Blasey.

.. Pressed over and over by Democratic senators, Judge Kavanaugh never could come up with a clear answer for why he wouldn’t also want a fair, neutral F.B.I. investigation into the allegations against him — the kind of investigation the agency routinely performs, and that Dr. Blasey has called for. At one point, though, he acknowledged that it was common sense to put some questions to other potential witnesses besides him.

.. When Senator Patrick Leahy asked whether the judge was the inspiration for a hard-drinking character named Bart O’Kavanaugh in a memoir about teenage alcoholism by Mr. Judge, Judge Kavanaugh replied, “You’d have to ask him.”

Asking Mr. Judge would be a great idea. Unfortunately he’s hiding out in a Delaware beach town and Senate Republicans are refusing to subpoena him.

.. Why? Mr. Judge is the key witness in Dr. Blasey’s allegation. He has said he has no recollection of the party or of any assault. But he hasn’t faced live questioning to test his own memory and credibility. And Dr. Blasey is far from alone in describing Judge Kavanaugh and Mr. Judge as heavy drinkers; several of Judge Kavanaugh’s college classmates have said the same.

.. If the committee will not make a more serious effort, the only choice for senators seeking to protect the credibility of the Supreme Court will be to vote no.

Why Michael Cohen Agreed to Plead Guilty—And Implicate the President

Prosecutors had reams of evidence and a long list of counts, which also could have included the lawyer’s wife

For weeks, the president had been distancing himself from Mr. Cohen, including by stopping paying his longtime attorney’s legal fees, making clear amid the pressure that he was on his own.

Under oath on Tuesday, before a packed courtroom, Mr. Cohen created a spectacular moment without parallel in American history when he confessed to two crimes that he said he committed at the behest of the man who would become president.

..  For the president, it opens up a perilous new legal front.

..  Mr. Trump denied he directed Mr. Cohen to buy the women’s silence. Contradicting earlier statements, the president said he became aware of the payments to the women “later on” and said Mr. Cohen was reimbursed from his personal funds, not his 2016 campaign coffers.

.. On April 5, days before the raids, Mr. Trump told reporters on Air Force One he didn’t know about the payment to Ms. Clifford, and referred questions about the matter to Mr. Cohen. “You’ll have to ask Michael Cohen,” Mr. Trump said. “Michael is my attorney.”

Mr. Cohen, who that night was staying aboard the yacht of Trump donor Franklin Haney, which was docked in Miami, grew irate on the ship soon after Mr. Trump made his remarks distancing himself from the Clifford payment, according to a person familiar with the episode. Mr. Cohen was swearing loudly as others on the boat were sipping their drinks, the person said.

.. Initially, Mr. Cohen seemed unlikely to turn on the president. Although their relationship was at times turbulent, Mr. Trump appreciated Mr. Cohen’s absolute loyalty. On the day of the raids, Mr. Trump called the move a “disgrace” and a “witch hunt.”

Soon after the April raids, Mr. Cohen’s relationship with Mr. Trump began to deteriorate.

The estrangement began over legal bills, said a person who has spoken with Mr. Cohen about the matter. The Trump family covered part of Mr. Cohen’s legal fees after the raids, but then stopped paying.

Mr. Cohen felt exposed. Public comments by Rudy Giuliani, Mr. Trump’s lawyer, put distance between the president and Mr. Cohen and further alienated the attorney, the person said.

Mr. Cohen told associates and friends he felt Mr. Trump didn’t have his back and vented that the president hadn’t personally offered to pay his legal bills in the Manhattan investigation, which he said were “bankrupting” him.
.. By then, prosecutors and the Internal Revenue Service had focused on Mr. Cohen’s personal income taxes. In conversations with a potential witness in June and July, investigators asked “very pointed” questions about various tax filings, according to a person familiar with the conversations.

“They knew what they wanted, they knew what they had, and they went after it,” the person said.

In late June, Mr. Cohen openly broke with Mr. Trump.

.. Mr. Cohen’s father urged him not to protect the president, saying he didn’t survive the Holocaust to have his name sullied by Mr. Trump
.. On June 20, Mr. Cohen stepped down from his position as the Republican National Committee’s deputy finance chairman and tweeted his first public criticism of his former boss: “As the son of a Polish holocaust survivor, the images and sounds of this family separation policy [are] heart wrenching.” The tweet no longer appears on Mr. Cohen’s Twitter account.
.. In July, a recording became public that Mr. Cohen surreptitiously made of a conversation he had with Mr. Trump in September 2016 about buying the rights to Ms. McDougal’s story. The president has denied the affair.The president’s legal team had waived attorney-client privilege on the recording, which had been seized in the April 9 raids.

.. Given the Justice Department’s policy of not indicting sitting presidents, a guilty plea from Mr. Cohen and his public implication of Mr. Trump were among the strongest outcomes prosecutors could have hoped for

.. For prosecutors, the guilty plea meant they could avoid a contentious trial and free up resources to pursue other investigations.
.. one of Mr. Cohen’s lawyers, Lanny Davis, appeared on cable news shows to say Mr. Cohen wouldn’t accept a pardon from Mr. Trump and “is more than happy to tell the special counsel all that he knows.”

America First or Trump First?

I was seeing a U.S. president put Russia first, not America first.

.. What’s the matter with you? I don’t know the definitive answer to that question, but I know that it will be an increasing problem as we enter Phase 3 of the Trump presidency.

.. Phase 1 saw Trump unhinged but bound — bound by Secretary of State Rex Tillerson, National Security Adviser H. R. McMaster, Defense Secretary Jim Mattis, Chief of Staff John Kelly and National Economic Adviser Gary Cohn. In Phase 1 Trump said and did plenty of crazy stuff, but these key aides limited the damage.

.. Phase 2 has seen Trump unhinged and unboundTrump has neutered Kelly, distanced himself from Mattis and sacked Tillerson, McMaster and Cohn. He replaced the last three with men so hungry for their jobs that they were ready to step over the bodies of their predecessors, who, they knew, were pushed out for standing up to Trump on policies and principles

Watching longtime anti-Russia hawks — Secretary of State Mike Pompeo and National Security Adviser John Bolton — shucking off everything they’ve said over the years and ignoring Trump’s coddling of Putin and his trashing of the F.B.I. in order to grab jobs they’d long coveted is witnessing careerism, sycophancy and cynicism on an industrial scale.

But that sets up Trump Phase 3: unhinged and unbound and unintended.

.. “What America’s allies in Europe learned from Trump’s recent visit is that the United States, at his direction, is acting more like predator than partner. They are concluding that Trump is not looking for a better deal with the European Union. He’s looking to destroy the European Union. And even though they understand the difference between the president and the government he leads, they know the West may never be the same again.”

.. There is one critical defense line left — that formed by F.B.I. Director Christopher Wray, National Intelligence Director Dan Coats, Deputy Attorney General Rod Rosenstein and Homeland Security Secretary Kirstjen Nielsen.

.. Wray, Coats and Rosenstein all rose to the occasion. They knew Helsinki was a test of their institutions and themselves, and they passed it with flying colors — always putting America first and not Trump first when it really mattered.

.. Wray also let lawmakers and other critics know that their conspiracy theories about the F.B.I. and Justice Department’s Russia investigations were not intimidating him

.. Rosenstein backed up Coats 100 percent, declaring: “As Director Coats made clear, these [Russian] actions are persistent, they are pervasive, and they are meant to undermine America’s democracy on a daily basis, regardless of whether it is election time or not.”

.. Unfortunately, the secretary of homeland security showed no such spine. Asked if the Russians had intervened to favor Trump, Nielsen said with a straight face: “I haven’t seen any evidence that the attempts to interfere in our election infrastructure was to favor a particular political party. I think what we’ve seen on the foreign influence side is they were attempting to intervene and cause chaos on both sides.”

.. That was the sound of a senior national security official putting Trump first, not America first. Nielsen proved to be a shameful coward. I sure hope we do not have a homeland security crisis on her watch.

.. Why do they so freely sacrifice their own reputations and their own integrity to defend a man with no integrity, a man who would sell each and every one of them down the river the second he decided it was in his interest? It is inexplicable to me.

At least Stormy Daniels got paid.