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Bart O’Kavanaugh...or Brett Kavanaugh

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Posted on October 03 2018

 

I should say off the top that excessive drinking or being a high school or college student engaging in partying with your friends is NOT a disqualification for a lifetime appointment to OUR Country’s highest court.

Below is a relatively short list of what I would deem as non-starters, my red lines, if you will:

 

  • Attempted Rape, Rape.
  • Palling around with a rapey frat-boy crew that engaged in an active attempt to change a witness statement
  • Little lies and big lies, lies to cover up lies.
  • Lying to Congress or intentionally omitting facts or lying about your lies.
  • Acting like a self entitled white-privileged arrogant affluenza inflicted frat-boy, even though you’re actually a 52+ year old sitting Federal Judge.
  • going hyper partisan with phrases like “search & destroy”
  • excoriating Judiciary Democrats while spewing a bonkers alt-right fringe conspiracy theory.
  • having super questionable financial disclosures.

 

Before we dive deeper into the growing list of concerns that many of us have in relation to the nomination of Brett M Kavanaugh to the United States Supreme Court (SCOTUS), I think it would be best to clearly define what is Judicial Temperament.

 

Judicial Temperament:

 

According to the American Bar Association (ABA) Standing Committee on the Judiciary, the ABA defines “Judicial Temperament” as:

 

In evaluating “judicial temperament,” the Committee considers the prospective nominee’s compassion, decisiveness, open-mindedness, courtesy, patience, freedom from bias, and commitment to equal justice under the law.

 

 The ABA’s Committee Evaluation:

Committee’s evaluation of nominees to the Supreme Court is directed solely to their professional qualifications,  integrity, professional competence and judicial temperament.

 

As such in September 4, 2018 the ABA gave Brett Kavanaugh their highest rating, “Well Qualified” rating, see page 7 of the ABA ratings document,  Kavanaugh is the 11th name down.

 

 

Perhaps the ABA should take greater care in explaining how judicial temperament is actually evaluated. In the most simple of explanations, there are essentially two buckets; tangible (papers) and intangible (behavior etc). For example reading a nominee’s written body of work gives you a decent sense of their deliberative process. On occasion you can glean their personality and what countervailing rationale may or may not be.

Moreover do we consider a list of lauded characteristics or do we limit our cretria based on standardized attributes?

For me, when evaluating one’s judicial temperament, naturally you want to carefully review the nominee’s judicial record. Nonetheless I tend to go a few steps deeper. Meaning I factor in the nominee’s actual personality. Below are a few questions that run through my mind when making an evaluation of one’s temperament:

How do they behave under stressful conditions?

What is their decision making process like?

What, if any inherent bias do they have?

How do they define their greatest failure and accomplishments?

What if any corrective measures did they take?

When and why did you decide to recuse?

What do their peers say about their temperament and what is the nominee’s social/professional interactions with others?

 

Kavanaugh in his own words... 

 Over this past weekend, I forced myself to re-watch his September 27th Senate Judiciary Committee testimony. I re-watched Dr Ford and Kavanaugh. At the time I was struck by the pernicious and aggressive tone and posture of Kavanaugh. The earnestness of Dr Ford’s testimony.  Even after their testimony concluded, I couldn’t help but question his “judicial temperament” or in this case, the lack thereof. The anger and indignation he displayed. The aggressive tone and clear arrogance in the “performance” that was Kavanaugh’s testimony. 

 

 

And clearly there is plenty of blame to go around. No one wins, you get that, right?  Everyone involved in this nomination process has shares the burden and the shame of this partisan cage match. The only hero I see here is Dr Ford. She was terrified but felt compelled by a sense of her civic duty to speak her truth. History will show Dr Ford is a hero,  

 

 

At the conclusion of both Dr Ford & Kavanaugh’s September 27, 2018 hearing and testimony, that same evening (albeit late in the evening) the ABA sent the Senate Judiciary Chairman & Ranking member a two page letter urging the Senate to delay the Kavanaugh Confirmation vote, until the FBI conducted a thorough investigation into the allegations made by Dr. Ford. In the early morning hours of September 28, 2017 the ABA’s official twitter account tweeted a lengthy statement and embedded a link to the 2 page letter:

 

For me it boils down to a few overly simplistic questions that result in extraordinarily complicated answers.

What gain does Dr Ford have to lie? I’d argue nothing.

What does Kavanaugh have to lose? EVERYTHING.

More broadly, a few Latin colloquiums come to mind. Specifically speaking of the prolific small and big lies Kavanaugh has knowingly uttered in 2004, 2006, 2018 Senate Hearings:

Abbati, medico, patrono que intima pande. 

Conceal not the truth from thy physician and lawyer.

Latet enim veritas, sed nihil pretiosius veritate

Truth is hidden, but nothing is more beautiful than the truth

Consuetudinis magna vis est

Old habits die hard.

 

Little Lies, White Lies, Big Lies

If someone, who is actually a Federal Judge, is willing to lie about, the factual drinking age in Maryland. To that end in January of 1982 the state of Maryland raised the drinking age from 18 to 21. That’s not my opinion, that is a verifiable fact, see 1982 Washington Post Article on the Maryland General Assembly Law 

crime rate in an upscale suburban Washington DC neighborhood, watching Dr Ford’s testimony. Lying about his connections at Yale, Kavanaugh is known as a “legacy” meaning his grandfather attended Yale.

 

Kavanaugh’s finances:

For the better part of nearly two months I have tweeted, sometimes nonstop about Brett Kavanaugh’s finances. 

This subthread was a secondary run of me reading ALL of the public Financial Disclosure and highlighting the items that gave me pause, tweets 9, 10 & 11 in this thread should be, scrutinized, at least in my opinion. Many reporters have failed to accurately report Kavanaugh’s finances, for example he HAD FOUR credit cards, not three. He NEVER received a bailout to clear the debt liabilities, until 2018.

You would know unless you had the 12+ years of Kavanaugh’s finacial Disclosures.

2005 to 2016:

 

2016 to Present:

 

 

White House & Kavanaugh, Debt Baseball tickets?

In early August I literally laughed out loud because once again the mainstream media opted to take the Trump White House’s word as gospel. I do not understand why there is so much deference given to the Trump White House. Time and time again Trump, the Trump Administration and the Trump White House have blatantly lied. The standard should be: never trust Trump/White House until you have independently verified. Case in point the Trump White House explaination of Kavanaugh’s debt, was “he is an avid Baseball Fan, he bought season tickets and was paid back by friends”...really? I called bullshit in late July & August, here I did some research, because the Kavanaugh & White House “story” doesn’t add (pun intended) up. I literally ran a cost comparison of Wash Nats season tickets.

 

September 2018 Kavanaugh Answers:

After what seemed like an eternity of me screaming (tweeting & blogging) into the abyss, to my surprise & delight the Senate Judiciary Democrats finally put their questions concerning Kavanaugh’s finances in writing. To wit Kavanaugh’s response appeared to have all but abandoned the Trump-White House, it’s all baseball season tickets. Once again I called bullshiit. Because I decided to actually read every word of Kavanaugh’s answers to the hundreds of questions Senators sent to him about his murky finances. 

 

 For the record my dissection of Kavanaugh’s September 13th answers wasn’t a “gotcha” moment. Moreover I’m fortunate enough to own multiple homes, I live in the DMV area and I have first hand knowledge of the cost of homeownership and repairs. Frankly sometimes the whole “adulting” is so overrated. Midway through the aforementioned twitter thread, I had a bit of an epiphany...triple check Kavanaugh’s “changing” explaination of his debt to income load and liabilities and sure enough PAY DIRT.

 

Also I really don’t care what your state or county rules dictate, as it relates to requirements of obtaining a permit. That’s simply immaterial to the confines of Kavanaugh & his “explaination” of the eye popping debt.  What I do care about are: the State of Maryland, Montgomery County and Village of Chevy Chase codified requirement for building permits...after hours of research I definitively determined that Kavanaugh’s. See the Montgomery County, MD building permit requirements for homeowners, notice this isn’t elective:

 

 

WSSC Building Permits:

Again on pages 12-13 of Kavanaugh’s written responses, Kavanaugh proffered a list of home improvements and repairs but at no time offered any invoices, work orders or permits...on the plumbing and drainage “improvements” by LAW Kavanaugh is required to obtain  the mandatory WSSC permits:

 

 

Property Tax Info and Permits:

Again I do not condone doxing of any kind. It bothers me when I see people on social media who do not take the time to make the appropriate redactions. As my past conduct shows this is a red line for me that I endeavor to never cross. From time to time I have published info but that was only after a Court filing was unsealed. With respect to Dr Ford & Kavanaugh I have been extra judicious to make every reasonable attempt to appropriately redact. Given how incredibly toxic and vitriolic the public discourse has become with this SCOTUS nominee. I wouldn’t be intellectually honest if I didn’t acknowledge  a reasonable argument can be made that these records are public info. But not to belabor the point, I am acutely aware of how toxic this matter has become.

 

 

Closing Thoughts & Temperament:

 

As tax payers we have every right to know that Kavanaugh is in no way financially compromised. That in Kavanaugh we will have a Supreme Court Justice who is ethical and of unassailable moral character. That Kavanaugh has the necessary judicial temperament and pragmatism to effectively serve on our Country’s highest court.

At this point I would argue that last week Kavanaugh let his mask slip. For nearly 71 minutes the American people saw a man who repeatedly lied, has the chutzpah to look an United States Senator in the eye “and swear to God” he was telling the truth. As a Catholic, I can tell you that I sat there and said out loud, buddy you’re going to be condemned to eternal damnation. You sat there before Country and God and blatantly lied. Not a good look, at all.

 

 

I still do not understand why the GOP & Trump are willing to die on the Kavanaugh hill. That their actions may in fact cost them both Chambers of Congress and subsequently the White House. Notwithstanding this has been a seminal and deeply emotional moment for American women and the wonderful men who support us. Beyond the horrific Dr Ford & Ms Ramirez allegations, below is a lengthy and sourced to the teeth thread of my various concerns:

 

 

Beyond the aforementioned concerns, in recent days even more questions remain. Specifically if there’s any truth that Kavanaugh & his social circles attempted to engage in witness tampering, that is hugely problematic. I now refer you to Kavanaugh and the Senate Judiciary Committee Transcripts of their September 26, 2018 call with Kavanaugh. I highlighted the important parts.

 

 

The questions surrounding Kavanaugh’s highly dubious finances still remain amd his unsatisfactory, yet every shifting explanations surrounding his finances.

The questions about his truthfulness.

The questions about his judicial temperament.

The questions about his willingness to invoke highly partisan attacks.

The question whether or not Kavanaugh clear the darkening cloud of subterfuge and obfuscation and what if any his Confirmation will have on the Institution of the Supreme Court.

But if you still have questions about Kavanaugh’s character, then look no further than his 1998 two page memo to Independent Counsel Ken Starr...or the fact that Kavanaugh re-opened the death of Vince Foster. Kavanaugh knew the pain and cruelty he would cause the Foster family, he simply did not care. Ergo the unsustainably of Kavanaugh has “the right kind of Judicial Temperament”. 

 

 

At this point, I am almost resigned to the fact, that the GOP will confirm Kavanaugh and they are willing to take a huge gamble. Ostensibly betraying their sense of common sense and decency.  All so they can secure yet another  SCOTUS seat. It should be pointed out that evey damn time the Democrats show up with butter knife while the Trump-GOP come with nuclear bombs going straight to scorched earth tactics. The sad reality is the Democrats are out maneuvered and think the old DC Thunderdome rules apply. I know the motto has been “when they go low, we go high”. For once I’d like to see the Democrats take their gloves off and throw caution to the wind and just go full contact with the GOP. But I know that this is a long game.

Realistically speaking  I know the Democrats won’t go in to the Trump-gutter. If you fight dirty and subcome to the toxic ethos of “win at all cost”, that win is still dirty. Perhaps I’m naive, clinging to the  hope, that in due course time there will be several GOP profiles in courage. The sad reality is the Trump-GOP has exactly zero profiles in courage, they are complicit, they have betrayed the party’s longstanding principles. There is such a heavy dark cloud hanging over  Brett Kavanaugh, the dark money from shadowy organizations, what appears to be a concerted effort to control the Public Image. I mean for goodness sakes CRC, EPPC, Judicial Crisis Network...see exhaustive thread below: 

 

The undeniable truth is the Trump-GOP own members are (figuratively and literally) beaten into total submission everyday, sometimes multiple times a day, by the Emotional Terrorist they crawled into bed with. Time and time again Trump has shown us exactly who he is;

Donald Trump a narcissistic sociopath who has authoritarian tendencies. He actually admires global thugs like;  Putin, Duterte, Xi Jinping, Kim Jong Un, el-Sissi...while trashing our actual allies. The truth is Trump is a sniveling weak coward that continues to damage our Country and Global Standing. Trump traffics in fear mongering, hate and divisive rhetoric. He lies, lies about his lies, gas lights, cheats and steals. Trump’s greatest FEAR is his supporters will finally figure out that he is nothing but a two-bit common thug running an actual criminal enterprise from 1600 Pennsylvania Avenue. If you are waiting for a singular hero to save us, stop. The only way to save us from Donald Trump is to vote as many Democrats in to the House and Senate. Because it is crystal clear the GOP has completely abdicated it’s Constitutional duty to be the check and balance of an out of control Executive.

Until then the only real power we have is to use the power of the ballot box. If you didn’t vote in the last election then you no longer have the right to complain about the silent decomposition and destruction of our Democracy. You lost that right when you failed to exercise your right to vote. If you want to effectuate REAL change, on November 6, 2018 GO VOTE.

 

 

-Spicyfiles Out  

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