theodore M I R A L D I mpa ... editor, publisher, writer. katherine molé mfa ... art director

Monday, October 8, 2018


Dems wage war on Kavanaugh, court: New battles over Legitimacy, Impeachment, Recusal

Brooke Singman

 The narrow confirmation of now-Justice Brett Kavanaugh over the weekend marked a major political victory for President Trump – and the beginning of a new battle for Democrats, who are now shifting their message to threaten possible impeachment against the newest high court justice and question the legitimacy of the Supreme Court itself.
After a grueling confirmation fight that included graphic sexual misconduct allegations which the nominee denied, Kavanaugh was confirmed Saturday on 50-48 vote. His ceremonial swearing-in will be held Monday evening.
But as he joins the court, replacing retired Justice Anthony Kennedy, prominent Democrats signal the fight over his seat and the court itself will extend well beyond next month's midterms.
"Now, they want to impeach him. ... It's an insult to the American public,"  Trump said Monday, still fuming over the confirmation process and predicting Republican candidates would only benefit from the controversy in the midterms.
Democrats, though, maintain the fight is energizing their core. "We will not stop marching, we will not stop fighting," DNC Chairman Tom Perez said in a statement.
Over the weekend, former Attorney General Eric Holder said the court’s legitimacy should be brought into question with the addition of Kavanaugh.
“With the confirmation of Kavanaugh and the process which led to it, (and the treatment of Merrick Garland), the legitimacy of the Supreme Court can justifiably be questioned. The Court must now prove—through its work—that it is worthy of the nation’s trust,” Holder tweeted, referring to former President Barack Obama's Supreme Court nominee whose confirmation process was blocked by Republicans in 2016.
Sen. Dianne Feinstein, D-Calif., top Democrat on the judiciary committee, also tweeted that confirming Kavanaugh "in the face of credible allegations of sexual assault that were not thoroughly investigated, and his belligerent, partisan performance in last Thursday’s hearing undermines the legitimacy of the Supreme Court."
Some in the media advanced another argument to question the court's legitimacy under its current makeup. Newsweek wrote that Kavanaugh is now the “fourth out of nine justices nominated by a president who did not initially win the popular vote”—referring to President Trump and former Republican President George W. Bush.
Whether the court's legitimacy really comes into question will be seen when major decisions start coming down. More immediately, though, some Democrats are hinting at impeachment efforts should they win the House in November.
Sen. Cory Booker, D-N.J., said the option of impeaching Kavanaugh should not be ruled out and said he would support further investigation into the newest justice.
“If there is conclusory evidence that shows unequivocally that he lied to a Senate committee, that is a crime and he should be held accountable for those criminal acts,” Booker told Yahoo News on Sunday in Iowa, suggesting a probe into whether Kavanaugh perjured himself before the Senate.
He said, though, that Democrats first need to focus on taking back the Senate majority.
“I think that after the dust settles on the night of [November] 6, I think that’s where we start to evaluate … what is the best thing for us to be focusing on in terms of what’s best for America and the American people,” Booker said.
Rep. Jerrold Nadler, D-N.Y., said over the weekend that if the Democrats take back the majority in the House, they will launch a separate investigation into Kavanaugh’s potential perjury and alleged sexual assault.
“It is not something we are eager to do,” Nadler told The New York Times Friday. “But the Senate having failed to do its proper constitutionally mandated job of advise and consent, we are going to have to do something to provide a check and balance, to protect the rule of law and to protect the legitimacy of one of our most important institutions.”
He added: “We have to assure the American people either that it was a fair process and that the new justice did not commit perjury, did not do these terrible things, or reveal that we just don’t know because the investigation was a whitewash.”
Some Democrats even called for considering the impeachment of Justice Clarence Thomas, over sexual harassment allegations he fought off during his 1991 confirmation.
Last month, after an hours-long hearing where both Kavanaugh and one of his accusers, Dr. Christine Blasey Ford, testified, there was a bipartisan call for further investigation into the allegations.
Ford accused Kavanaugh of pinning her down to a bed and trying to remove her clothing at a high school party 36 years ago. She believed it to be an “attempted rape,” according to her legal team. Kavanaugh also faced allegations from Deborah Ramirez, who claimed the Supreme Court nominee exposed himself to her at a dorm party during their freshman year at Yale University; and Julie Swenitck, who claimed Kavanaugh drugged the “punch” at parties and was involved in or present at “gang” and “train” rapes while in high school. Kavanaugh denied all the claims publicly.
The White House ordered a week-long FBI supplemental background investigation into the allegations. The report did not find evidence to corroborate the allegations, though Democrats complained that the probe was limited in scope.
Another point of contention going forward may be Kavanaugh's involvement in a variety of court cases. CNN legal analyst Areva Martin said last week that Kavanaugh should recuse himself from cases involving civil rights, such as gerrymandering.
“Those cases are often brought by political parties, they’re brought by Democrats, so if Judge Kavanaugh believes that this allegation brought by Dr. Ford was somehow orchestrated or engineered by Democratic operatives, how can he be unbiased in a gerrymandering case that’s brought by a Democratic party?” she said on CNN. “His name on the court will always have an asterisk.”
But Harvard Law Professor Alan Dershowitz called that comment “ridiculous.”
“He was confirmed, he will serve on the Supreme Court. He will be judged like the other justices,” Dershowitz said on Fox News' “America’s Newsroom” Monday.
Dershowitz also warned Democrats not to move on impeachment.
“Kavanaugh was not my choice—I’m a liberal Democrat—I would have appointed Merrick Garland again, but the Democrats have to be wise and sensible and just and moral and not violate due process and civil liberties,” Dershowitz said.


  1. I went over this website and I think you have a lot of good information, saved to favorites (:.

  2. Hello, Neat post. There is a problem with your website in web explorer,
    could check this? IE nonetheless is the market chief and a huge element of people will omit your excellent writing due to this problem.

  3. Hey there! Quick question that's totally off topic. Do you know how to make your site mobile
    friendly? My website looks weird when browsing from my iphone.
    I'm trying to find a theme or plugin that might be able
    to correct this issue. If you have any recommendations, please share.

  4. If some one wants to be updated with latest
    technologies afterward he must be pay a visit this web site and be up to date every day.

  5. Hi friends, its enormous post concerning teachingand fully explained, keep it up all the time.

  6. I believe that is among the so much vital information for me.
    And i am happy studying your article. However wanna observation on few basic things, The web site taste is wonderful, the
    articles is actually excellent :D. Just right task, cheers.

  7. I love what you guys are up too. This type of clever work and coverage!
    Keep up the fantastic works guys I've incorporated you guys
    to my blogroll.

  8. I do consider all of the ideas you have presented to your post.

    They're really convincing and will definitely work.
    Nonetheless, the posts are very quick for novices.
    Could you please prolong them a bit from subsequent time? Thanks for the post.

  9. Oh my goodness! Amazing article dude! Many thanks,
    However I am experiencing difficulties with your RSS.

    I don't know the reason why I am unable to join it.

    Is there anybody else getting identical RSS issues? Anyone who knows the solution will you kindly respond?

  10. hey there and thank you for your info – I have
    certainly picked up something new from right here.

    I did however expertise a few technical issues using this
    site, since I experienced to reload the website a lot of
    times previous to I could get it to load properly. I had been wondering if your hosting is OK?
    Not that I'm complaining, but slow loading instances times will
    often affect your placement in google and can damage your quality score if ads and marketing with Adwords.
    Anyway I'm adding this RSS to my email and can look out for much more of your respective exciting content.

    Make sure you update this again very soon.

  11. Hi! This is kind of off topic but I need some help from an established blog.
    Is it tough to set up your own blog? I'm not very techincal but I can figure things
    out pretty fast. I'm thinking about setting up my own but I'm
    not sure where to begin. Do you have any points or suggestions?

    Thank you

  12. You have made some really good points there. I checked on the internet for
    more info about the issue and found most people will go along with your views on this website.

  13. Ahaa, its pleasant dialogue regarding this paragraph here at this blog, I have read all that, so now
    me also commenting at this place.

  14. Everything is very open with a very clear description of the issues.
    It was truly informative. Your website is extremely helpful.
    Thanks for sharing!

  15. magnificent post, very informative. I wonder why the opposite specialists of this sector don't notice this.

    You must continue your writing. I am sure, you have a great readers' base already!