Brett Kavanaugh and the G.O.P.’s Bargain with Trump

Once the Senate Republicans decided to countenance demagoguery, one step led to another.

.. Leland Keyser, a friend of Ford’s who does not remember being at such a party but has expressed her faith in Ford’s account, was also interviewed. A number of Yale classmates who offered portrayals of Kavanaugh as a belligerent drinker, and without whom, Democrats argued, the investigation was incomplete, were not. Neither were Blasey and Kavanaugh.

.. Republican senators, in the interest of getting a conservative nominee confirmed, discounted the apparent lies that he told about his role in Bush-era torture and detention policies and in judicial nominations. And it extends to their decision to tolerate the excesses of Donald Trump, in return for his promise to nominate a conservative. When you decide to countenance demagoguery, one step leads to another.

.. Last week, the Republicans had to put up with the President goading a crowd at a rally in Mississippi to laugh at Ford. Some of Kavanaugh’s supporters worried that this would make it harder for late-deciding Republicans to vote yes. In fact, Trump made the process more humiliating, not only for them but for the entire Republican Party.

.. Lisa Murkowski, of Alaska, was the only Republican to say that she would not support Kavanaugh.

.. In contrast, the majority of the senators who had made their choice clear weeks ago were allowed to move, unperturbed, toward what was one of the most momentous votes of their careers. They made speeches if it was opportune, but not much else was expected of them, other than party loyalty.

..  Scott Pelley, of “60 Minutes,” asked him if he would have been willing to call for the postponement of the vote if he were running for reëlection. “No, not a chance,” he said. “There’s no value to reaching across the aisle. There’s no currency for that anymore.”

What Is John Bolton’s Bully-Pulpit Attack on the International Criminal Court Really About?

Fatou Bensouda, asked the court’s judges to authorize an investigation of possible war crimes and crimes against humanity committed in Afghanistan since 2003, including allegations of torture by members of the U.S. military and agents of the Central Intelligence Agency. Bolton, who was at the time a fellow at the American Enterprise Institute, responded immediately with an op-ed in the Wall Street Journal: “The Trump administration should not respond to Ms. Bensouda in any way that acknowledges the ICC’s legitimacy. Even merely contesting its jurisdiction risks drawing the U.S. deeper into the quicksand.”

.. “Any day now,” Bolton said in his speech, “the I.C.C. may announce the start of a formal investigation against these American patriots, who voluntarily signed on to go into harm’s way to protect our nation, our homes, and our families in the wake of the 9/11 attacks. . . . An utterly unfounded, unjustifiable investigation.”

..  the I.C.C. showed no intention of going after Americans, and, in Bush’s second term, when Bolton was serving as the Ambassador to the U.N., U.S. officials began to see that the court could serve as a useful instrument in pursuing their own interests, and began to offer it support and coöperation accordingly, ultimately stepping aside—over Bolton’s objection—to allow its investigation of war crimes in Darfur.

.. His telling of the I.C.C. backstory left off in 2002, with a note of regret that he had been unable to convince “every nation in the world” to pledge to protect Americans from the court, and also with a dig at holdouts in the European Union, where, he said, “the global-governance dogma is strong.”

..  he said that his “worst predictions” about the I.C.C. had been confirmed and decried what he claimed to be its supporters’ “unspoken but powerful agenda”: to “intimidate U.S. decision-makers, and others in democratic societies,” and thereby to “constrain” them.

.. The I.C.C., from its inception, has been impossibly compromised by the simple, definitive fact that many of the world’s most lawless countries, along with some of its most powerful—including the U.S., Russia, and China, the majority of permanent members of the U.N. Security Council—reject its jurisdiction. After sixteen years with no major triumphs and several major failures to its name, it would be easier to make the case for it if there were reason to believe that it could yet become the court of last resort for all comers that it is supposed to be, rather than what it is: a politically captive institution that reinforces the separate and unequal structures of the world.
.. simultaneously exaggerating the power of the I.C.C. as an ominous global colossus and belittling it as a puny, contemptible farce. The only historically proven deterrent to “the hard men of history,” he declared, is “what Franklin Roosevelt once called ‘the righteous might’ of the United States.”
.. it is tempting to think that he was deployed to deflect attention from the White House chaos, while his boss spent the day issuing uncharacteristically Presidential tweets about the hurricane bearing down on the Carolinas.
.. The President and the nation cannot be held to account or supervised, so the prosecutor has to be. The President and the nation cannot be criminals, so the prosecutor must be.

What Will Mueller Do? The Answer Might Lie in a By-the-Book Past

Many agents who worked under him say this personality made him the perfect person to remake the bureau after the Sept. 11 attacks. Others chafed at his unrelenting style. A common criticism is that, after 12 years in office, he had filled the F.B.I.’s senior ranks with two types of people:

  1. big personalities whose naturally intense styles matched his, and
  2. those who ultimately submitted to his will.

It is not that he was uncaring; colleagues recall his compassion during difficult periods in their lives. Rather, he is focused — at the expense of nearly everything else — on the job.

“He didn’t care about internal politics. He doesn’t care about people’s reactions to things,” Ms. Arguedas said.

.. When Mr. Mueller learned that C.I.A. officers were waterboarding prisoners, locking them in coffins, chaining them to walls and keeping them awake for days, he famously ordered his F.B.I. agents not to participate.

For Democrats and human rights advocates, it was a laudatory but ultimately mealy-mouthed response. The F.B.I., after all, has the authority to investigate torture and prison abuses.

“Why did you not take more substantial steps to stop the interrogation techniques that your own F.B.I. agents were telling you were illegal?” Representative Robert Wexler, Democrat of Florida, asked in 2008.

For Mr. Mueller, the answer was obvious. The Justice Department had declared the C.I.A. tactics legal, and it was not his job to challenge that conclusion.

.. That may be why Mr. Mueller has allowed negotiations to drag on for more than eight months over whether Mr. Trump will sit for an interview. Forcing the issue with a subpoena would test the limits of executive power, and Mr. Mueller does not make such moves lightly.

  1. .. “He wants the public to believe he gave the president every opportunity to have his side heard.”
  2. .. She opposed a Justice Department policy shielding federal prosecutors from oversight by state ethics officials, and she suspected he felt the same way. But he refused to budge, even privately. “It’s an institution,” she said, “and you follow the rules.”
  3. .. He is heard from so infrequently that, when Robert De Niro and Kate McKinnon portrayed him on “Saturday Night Live,” neither even tried to mimic his voice. For someone who spent more than a decade in some of Washington’s most important jobs, Mr. Mueller is most often seen in brief archival video clips or old photographs.

    . For someone who spent more than a decade in some of Washington’s most important jobs, Mr. Mueller is most often seen in brief archival video clips or old photographs.

    .. A less splashy finale suits Mr. Mueller. He likes letting documents do the talking, and as a prosecutor and F.B.I. director, colleagues said, he regularly excised hyperbole or flourish from his prepared public comments.

    .. One of the defining moments of his F.B.I. tenure came in 2004, when Mr. Mueller and the deputy attorney general, James B. Comey, raced to the hospital room of the ailing attorney general, John Ashcroft.

    .. When Mr. Mueller next appeared before Congress, Democrats had to claw to extract even the barest confirmation from Mr. Mueller. “I don’t dispute what Mr. Comey says,” he said bluntly. Mr. Mueller had a powerful political story but went to great lengths to avoid fueling the fight.

    .. “I guess it covered very generally what had happened in the moments before,” Mr. Mueller said, not giving an inch.

    “And what had happened in the moments before?”

    “Well, again,” Mr. Mueller said, “I resist getting into conversations.”

    That moment revealed not only Mr. Mueller’s reluctance to be drawn into a political fight, but also the contrast with Mr. Comey, who would succeed him at the F.B.I. While the two men share mutual respect, friends say the two have never been personally close — despite Mr. Trump’s efforts to paint them as such. Among their biggest differences, Mr. Comey was at ease in the limelight and made contentious decisions in the name of transparency during the investigation of Hillary Clinton.

    .. Mr. Mueller has always preferred to let others do the talking. If, as special counsel, he unearths evidence that Mr. Trump committed a crime, former colleagues say they are certain he will try to hold Mr. Trump accountable. But if the evidence is not clear cut, they say, he will not feel compelled to tell a story just because it involves the president.

    .. Mr. Pistole and others said they had no doubt that Mr. Mueller was bothered by Mr. Trump’s tweets accusing the F.B.I. and the Justice Department — two agencies he dedicated his life to — of being part of a “deep state” working against his presidency.

    As for the president’s remarks about Mr. Mueller and his team personally? “I wouldn’t be surprised if he is somewhat unconscious about all of this,” Ms. Haag said. “I wouldn’t be surprised if it was in one ear and out the other.”

  4. .. Mr. Mueller has shown that he is interested in investigating Mr. Trump’s tweets when they might be evidence of a crime. Everything else is just background noise.
  5. “He’s going to find out what there is to find out, and he’s going to say it in the most straightforward, neutral way possible,” Ms. Arguedas said. “And then he’s going to walk away, because his job will be done. He won’t go on any talk shows, and he won’t write a book.”

Stephen Miller Is an Immigration Hypocrite. I Know Because I’m His Uncle.

If my nephew’s ideas on immigration had been in force a century ago, our family would have been wiped out.

.. Let me tell you a story about Stephen Miller and chain migration.It begins at the turn of the 20th century, in a dirt-floor shack in the village of Antopol, a shtetl of subsistence farmers in what is now Belarus. Beset by violent anti-Jewish pogroms and forced childhood conscription in the Czar’s army, the patriarch of the shack, Wolf-Leib Glosser, fled a village where his forebears had lived for centuries and took his chances in America.

He set foot on Ellis Island on January 7, 1903, with $8 to his name. Though fluent in Polish, Russian and Yiddish, he understood no English.

.. In the span of some 80 years and five decades, this family emerged from poverty in a hostile country to become a prosperous, educated clan of merchants, scholars, professionals, and, most important, American citizens.

.. What does this classically American tale have to do with Stephen Miller? Well, Izzy Glosser is his maternal grandfather, and Stephen’s mother, Miriam, is my sister.

I have watched with dismay and increasing horror as my nephew, an educated man who is well aware of his heritage, has become the architect of immigration policies that repudiate the very foundation of our family’s life in this country.

.. I shudder at the thought of what would have become of the Glossers had the same policies Stephen so coolly espouses— the travel ban, the radical decrease in refugees, the separation of children from their parents, and even talk of limiting citizenship for legal immigrants — been in effect when Wolf-Leib made his desperate bid for freedom.

.. The Glossers came to the U.S. just a few years before the fear and prejudice of the “America first” nativists of the day closed U.S. borders to Jewish refugees.

Had Wolf-Leib waited, his family likely would have been murdered by the Nazis along with all but seven of the 2,000 Jews who remained in Antopol. I would encourage Stephen to ask himself if the chanting, torch-bearing Nazis of Charlottesville, whose support his boss seems to court so cavalierly, do not envision a similar fate for him.

As in past generations, there were hate mongers who regarded the most recent groups of poor immigrants as scum, rapists, gangsters, drunks and terrorists, but largely the Glosser family was left alone to live our lives and build the American dream.
.. blind to the hypocrisy of their policy decisions. After all, Stephen’s is not the only family with a chain immigration story in the Trump administration. Trump’s grandfather is reported to have been a German migrant on the run from military conscription to a new life in the United States, and his mother fled the poverty of rural Scotland for the economic possibilities of New York City. (Trump’s in-laws just became citizens on the strength of his wife’s own citizenship.)
.. These facts are important not only for their grim historical irony but because vulnerable people are being hurt. They are real people, not the ghoulish caricatures portrayed by Trump.
.. In the early 2000s, Joseph (not his real name) was conscripted at the age of 14 to be a soldier in Eritrea and sent to a remote desert military camp. Officers there discovered a Bible under his pillow which aroused their suspicion that he might belong to a foreign evangelical sect that would claim his loyalty and sap his will to fight. Joseph was actually a member of the state-approved Coptic church but was nonetheless immediately subjected to torture. “They smashed my face into the ground, tied my hands and feet together behind my back, stomped on me, and hung me from a tree by my bonds while they beat me with batons for the others to see.”
.. Joseph was tortured for 20 consecutive days before being taken to a military prison and crammed into a dark unventilated cell with 36 other men, little food and no proper hygiene. Some died, and in time Joseph was stricken with dysentery. When he was too weak to stand, he was taken to a civilian clinic where he was fed by the medical staff. Upon regaining his strength, he escaped to a nearby road where a sympathetic driver took him north through the night to a camp in Sudan where he joined other refugees. Joseph was on the first leg of a journey that would cover thousands of miles and almost 10 years.

.. Before Donald Trump had started his political ascent promulgating the false story that Barack Obama was a foreign-born Muslim, while my nephew, Stephen, was famously recovering from the hardships of his high school cafeteria in Santa Monica, Joseph was a child on his own in Sudan in fear of being deported back to Eritrea to face execution for desertion.

.. In all of the countries he traveled through during his ordeal, he was vulnerable, exploited and his status was “illegal.” But in the United States, he had a chance to acquire the protection of a documented immigrant.

.. Today, at 30, Joseph lives in Pennsylvania and has a wife and child. He is a smart, warm, humble man of great character who is grateful for every day of his freedom and safety. He bears emotional scars from not seeing his parents or siblings since he was 14. He still trembles, cries and struggles for breath when describing his torture, and he bears physical scars as well.

.. I have met Central Americans fleeing corrupt governments, violence and criminal extortion; a Yemeni woman unable to return to her war-ravaged home country and fearing sexual mutilation if she goes back to her Saudi husband; and an escaped kidnap-bride from central Asia.

.. Trump wants to make us believe that these desperate migrants are an existential threat to the United States; the most powerful nation in world history and a nation made strong by immigrants. Trump and my nephew both know their immigrant and refugee roots. Yet, they repeat the insults and false accusations of earlier generations against these refugees to make them seem less than human.

Trump publicly parades the grieving families of people hurt or killed by migrants, just as the early Nazis dredged up Jewish criminals to frighten and enrage their political base to justify persecution of all Jews.

Almost every American family has an immigration story of its own based on flight from war, poverty, famine, persecution, fear or hopelessness. Most of these immigrants became workers, entrepreneurs, scientists and soldiers of America.

.. Most damning is the administration’s evident intent to make policy that specifically disadvantages people based on their ethnicity, country of origin and religion. No matter what opinion is held about immigration, any government that specifically enacts law or policy on that basis must be recognized as a threat to all of us. Laws bereft of justice are the gateway to tyranny. Today others may be the target, but tomorrow it might just as easily be you or me. History will be the judge, but in the meantime the normalization of these policies is rapidly eroding the collective conscience of America.