#SCOTUS

Mid-terms will be a vote on what to do with the scab of division

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Every time we turn on the news we’re told America has never been so divided. If we listen to the narrative it would seemingly be all President Trump’s fault. The reality would point more towards his brash, vulgar and politically incorrect style catalyzing the removal of a scab covering a festering wound that has not healed for over a decade.

The upcoming midterms will be an interesting read on the underlying mood of the country. It is likely both sides will get out in force like few midterms before it. Normally midterms garner a 40% turnout. It should be much higher in Nov 2018. .

Never has been predicting a result in the midterms been so difficult. CM thinks it swings to the Republicans. Despite that being a total stab in the dark, the recent Kavanaugh confirmation debacle raised some interesting stats according to Rasmussen Reports.

In response to SCJ Brett Kavanaugh’s statement that “This confirmation process has become a national disgrace. The Constitution gives the Senate an important role in the confirmation process, but you have replaced advise and consent with search and destroy.” 

56% of Likely U.S. Voters agree with his statement. Unsurprisingly 77% of Republicans thought that way. 51% affiliated with neither party and even 40% of Democrats agree with Kavanaugh.

In what was probably the most ghastly political stunt since Attorney General Loretta Lynch met Bill Clinton on an airport tarmac to discuss grandkids and golf days ahead of a testimony surrounding Hillary Clinton’s emails, America saw two victims eviscerated for political capital.

What could have happened behind closed doors, became a spectator sport. Evidence was withheld until it became expedient to use it  Now that Ford doesn’t wish to push forward with any charges only makes the whole episode stink more. She has been left as road kill and Kavanaugh will bear the scars for many years to come.

CM copped a lot of criticism from late 2015 when he suggested Trump would beat Clinton. How people scoffed and laughed, throwing White House stats in the face on how great things were. CM’s argument when going through broader stats found that the disappearing middle class was only worsening post GFC. The simple argument was that those not living the dream portrayed by rosy econometrics know best. Calling them uneducated, stupid or deplorable was never going to change their minds. They saw the current system not working for them. Nothing to do with identity. All to do with prosperity (rather lack thereof) .

Those very people, if they feel their lot has improved on balance they’ll vote for who will keep that fortune going. It is no longer a question of GOP vs Democrat.

More than any bragging by Trump about his achievements, the mid terms will weigh and measure the reality. Truth be told his constant boasting about new highs on the stock market being down to his stewardship will only backfire if markets correct.

Whatever the media’s constant attacks on the “division” of a nation should be taken in context of the shock of Trump’s election win. Good Americans on both sides of the aisle do not agree with extremists kicking others out of restaurants, calling his daughter a “feckless c*nt” and they probably don’t think too highly of extra marital affairs.

Yet looking across the street in one’s own backyard middle Americans probably know a neighbour having an extra marital affair or embarking on a third marriage. It’s nothing remotely shocking in today’s society.

The question for America is not merely about enforcing the moral high ground (what’s left of it) but sustaining prosperity. Putting food on the table without having to work 3 jobs is more important to many than whether Trump paid a porn star. Apart from it being a matter for Melania, people will be exercising a mid-term vote on whether the Trump frag grenade was worth lobbing.

It is irrelevant whether you love or hate him, his rallies are as packed at the mid-terms as they were during his election campaign. Taking away the bias, listening to how he works up a crowd is worth paying attention to. Whether taking pot shots at Dr Ford, slamming the media at the back of the room for being ‘fake news’ and getting the crowd to chant “CNN sucks” shows he may not be as stupid as made out.

The Kavanaugh confirmation brought up the ugliness of the swamp. The calculated horrorshow of partisan politics was put on full display. There were no winners in that kangaroo court. The GOP May have achieved a Phyrric victory of sorts by getting their man on the Supreme Court but there was little grace.

So in November Americans can choose to leave the scab over the gangrenous wound and go back to the status quo or vote to yank it off and keep the experiment going. Only sunlight has a chance to cauterize this mess. Yet the Democrats are fighting hard to avoid seeing the doctor.

If Americans want to send a message to show that civil unrest and public demonstrations which seek to disrupt daily lives will likely see Republicans do better. People are aware of the issues. Having it force fed through one sided media didn’t work in 2016 and is less likely to work in 2018.

Yale Law School students fail their most important test

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Yale Law School is supposed to be one of the most prestigious places one can graduate. However the multitude of students who staged a sit down protest over Supreme Court Justice nominee Brett Kavanaugh’s alleged sexual misconduct just failed one of the most important tests in the very subject they wish to practice – the presumption of innocence.

Despite holding next to no credible evidence to base their judgement at this stage nor have any witnesses come forward, these students have shown blind prejudice. It may well turn out that Kavanaugh is found guilty of the allegations. However he like they are equal under the law until proven guilty.

Nonetheless it seems these students have no compunction. They are clearly so poisoned with partisan politics that they are willing to convict a potentially innocent man of a crime he may not have committed. These students are the very same future justices they vehemently protest in the man they attack.

Or could it be they are guilty of being irrational teenagers/millennials at university who think social justice allows for a kangaroo court? So devoid of understanding how the real world works. Either way, their protest shows how brainwashed and lacking in the ability to think for themselves to stage a protest based on such flimsy evidence which has conveniently rolled out to stall his confirmation hearing.

Maybe they’d dazzle their professors by stating their concerns in “law” in what they’d be looking for to ensure “both” sides of the story we’re heard? Or at the very least how they’d represent either side based on the evidence to date? Alas, no. Best just jump on the despicable Democrats band wagon and wish Kavanaugh gets smeared so he isn’t confirmed as a SCJ (the real aim).

While in no way justifying sexual harassment/assault on any level, looking back over CM’s university days three decades ago should witnessing the Forestry students conduct drinking games while sitting stark naked in the refectory and drinking their own vomit from an old Adidas Rome sneaker or even worse “animal acts”  to get back in the game worthy of a full police investigation? Or do we put it down to kids being stupid as many get their first grips with alcohol? No one in CM’s year of students (male or female) who saw it ever made a big deal of it then or now. We most likely laughed at the cringeworthy nature of it all.

Yet this is the future. Shame on the Yale Law Faculty for not teaching these kids the most important values of fair trials. Perhaps evidence of how the professors could be more radical than the students. True colours?

Kavanaugh may yet be found guilty but at the very least let him and Christine Blasey Ford set out their evidence.

Finally, will  these same students protest if Ford is outed as lying? Of course not!

Feinstein’s timing truly defending the rights of a sexual assault victim?

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There is absolutely nothing right about sexual harassment of any kind. CM wrote extensively here on the subject last year. CM also warned of the dangers of #MeToo turning into baseless witch hunts that could permanently stain the character of otherwise innocent people. CM contends that false claims should be equally punishable under the law to prevent false claims getting air.

Whether Supreme Court Justice-in waiting Brett Kavanaugh is guilty of harassment 36 years ago is nothing more than an allegation at this stage. All claims should be heard under the legal framework. However studying the timeline of events, there is a touch of convenience in Senator Diane Feinstein’s use of Christine Blasey Ford’s accusation letter.

Kavanaugh’s announcement as SC nominee was made mid July, 2018. Ford documented her supposed harassment encounter in a letter to Feinstein two weeks later, dated July 30th. Yet it would appear Feinstein sat on this nugget til September in order to maximize its utility to prevent Kavanaugh’s confirmation if all other political stunts failed. With any luck she can drag an FBI investigation into the mid-terms (i.e. the real goal).

If Feinstein truly wanted to defend the rights of a supposed sexual harassment victim, surely she should have acted immediately? No doubt she would need a bit of time to discuss with lawyers to understand if this constituted substantial evidence but sexual harassment is a serious claim and crime. Surely the united forces within the Democratic Party could summon the resources to expedite the allegation and use its validity to block.

As the party of supposed social values, what better way to derail the candidate than to release a real claim ASAP after legal checks and balances, including meeting the openly Trump hating Democratic professor were completed. Provided the evidence was incontrovertible it would sell itself. Could it be that the evidence is so sketchy that Feinstein knew it only served as a stalling tactic, hence delaying it by 6 weeks? This says more about the moral compass of the Democrats than Ford.

It seems that Ford does not want to testify under oath before the Senate Judiciary Committee until the FBI investigation. Yet the FBI will investigate what? The crime scene is 36 years old. Her recollection is vague at best. Interviewing people who were likely underage kids who were drunk at a party

Alas, as all of the stunts from Democrats, including Cory Booker admitting he may lose his position for leaking certain documents which turned out to support Kavanaugh not being racist, they pull out claims of sexual misconduct, in the hope it drags the confirmation beyond the Novemeber elections whereby a potential blue wave will potentially allow them to block Trump’s choice. Tactically a shrewd move, but utterly disgusting to true victims if proved untrue.

There is no reason to fault the Democrats wish to block a Republican choice for a vacant SCJ seat (which by the way was on the 2016 ballot given the subject was raised in the presidential debates because it was the first time since Eisenhower that an SCJ seat was empty at election time) on the basis of supposed conflicts in convictions and beliefs. No doubt the Republicans would do likewise. Yet citizens were given the chance to vote on a SC judge with their presidential choice. The names were all out there.

Unfortunately, to use a sexual assault allegation based on sketchy information given by the accuser who admits she doesn’t remember much 36 years ago is utterly reprehensible if the claims turn out to be false. There will be no surprise if the Dems get their goal achieved that Ford will quietly withdraw her claims.

Let’s be perfectly clear. If Kavanaugh is guilty of such a serious crime then he is unfit to serve on a SC bench. Should Ford’s claim turn out to be completely baseless then the Dems will reveal themselves as morally bankrupt to use such a tactic to besmirch someone’s reputation. The timing of the letter is convenient to say the least.

Is this the way forward? Everything that doesn’t stand on its merits or via democratic process will somehow be stopped by claims of sexual impropriety?

In this battle the only thing everyone should be united behind is that “justice” is properly served for the right reasons. Certainly not to dish up political character assassinations for convenience.

True victims tend to bottle trauma for substantial periods, usually decades. Yet rarely would they openly come out on a whim and chuck around claims which don’t help their own healing process.

Senate Democrats take up the fight against the nomination of “XX”

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What planet are these people on? Without the pick having even been announced, “XX” was deemed to be sufficient enough for Senate Democrats to launch a campaign and fire up the Women’s March group to commit exactly the same mistake. Trump Derangement Syndrome has hit such epic heights that carelessness seems to be a chronic side effect. Not one person proof-read the document prior to the release? One could almost make the case that their hatred and inability to have a sane conversation about any topic such that even if a clone of Obama appointee Associate Justice Sonia Sotomayor was nominated they would howl in protest. No wonder the #WalkAway movement is gaining momentum. A party that stands for such flimsy principles will fall for anything.

SC nominees have generally been selected by sitting presidents (no matter how much advice they may have received in making the choice). It is up to the Senate to confirm it. In a democracy if the yea’s beat the nay’s it is pushed ahead. Simple. Could the Democrats truly admit they favour SC justices that prioritize conservative values? Of course not. In principle, SC justices are supposed to be impartial and interpret the constitution. In practice it is not always a safe bet to say personal biases do not come out. We need only look at Sotomayor’s responses to the Masterpiece Cakeshop case to show how she was wilfully criticising the law and interpreting the way she wanted it to be rather rather than defend it for what it is. No doubt one could find evidence to suggest that conservative SCJs have shown personal leanings in the past. In any event, it is not up to the SC to change laws. That is the job of the Hill. It is up to voters to put in those politicians they believe will support their values and change laws to right what they see as wrong.

CM probably has as much read through on SC nominee Brett Kavanaugh as 99.9% of the population i.e. next to none. Yet the expert commentary is everywhere on why every congressman and woman needs to reject this nomination. So unhinged has the left become that the poor kids being stripped from mothers at the border has become seemingly yesterday’s news. If it wasn’t Kavanaugh the identical verbatim would have been spewed at any other nominee set forward. All of them must have been carbon copied. How soon the TDS switches gears from one outrage to the next. This is the type of double standard that infuriates the masses. After the SCJ appointment, what next?

If the Democrats truly have a hope of winning the mid-terms or 2020, they aren’t learning any of the lessons that led to the loss in 2016. The majority of people don’t want to be harassed, screamed at or labeled bigots and racists for holding even uncontroversial personal beliefs. The perpetual outrage is driving normal people to turn off the white noise. Maybe parents want to watch a Disney movie with their kids without having to make their way around an anti-Trump picket march much less be subjected to reviews about Dumbo being safe for kids for not containing racist elements. What on earth would possess Vice Magazine to think that it did?

Democrats alienating GOP voters is a given – after all they are deplorable. Yet for more centrist leaning Democrats, the rattlesnake snapping tail of its left must be causing consternation for a growing number of supporters about whether the party embodies any of the reasons they back it in the first place. The infighting is becoming all too self-evident.

Just think of 28-yo Socialist Democrat Alexandria Ocasio-Cortez in NY deposing an incumbent Democrat Joe Crowley. She turned on Senator Kirsten Gillibrand on her resounding  nomination win saying, “Unsurprising, but disappointing that @SenGillibrand didn’t even bother to talk to nor consider me before endorsing…You‘d think a progressive leader would at least be interested in how a no-corporate money Bronx Latina triggered the 1st NY-14 primary in 14 years on prog issues.” yet Gillibrand tweeted about Kavanaugh, “President Trump just announced Brett Kavanaugh as his nominee to the Supreme Court. One thing’s already clear from his record: He can’t be trusted to safeguard rights for women, workers or to end the flow of corporate money to campaigns.It is comical.

CM has said repeatedly til blue in the face that the best thing about a Trump win in 2016 is that it has woken people up to how much the vote counts. It doesn’t matter how racist, sexist, nationalist, disgusting or bigoted some may find him or his supporters, the reality is that decades of neglect by both parties has led to his creation. In spite of all the negative media calling into question his intelligence he is still the president and he is likely to get his SCJ picked. Doesn’t sound that incompetent? His opponent had the entire MSM on board, happily hid the fact she had the questions ahead of the debate, hijacked her own party, stole a nomination, buried evidence against her, financed a fake dossier, weaponised the FBI, had her hubby have a chance meeting on a tarmac with the AG ahead of the verdict on her emails and treated the election as a coronation and still lost. Incompetence? If it means enough to a majority of Americans they can exercise their opinions democratically.

If enough people detest his presidency they can cut him off at the knees by restricting his ability to govern at the mid terms and turf him out in 2020. They don’t need to protest on the streets or shout the average punter down. People get the issues. It is on a 24-7 news cycle. They want to vote in peace.

Ironically the Democrats only help him achieve his cause. Some say the mainstream media gave him a $5bn free media campaign in the lead up to the election. One would imagine he gets $10bn in free media every six months now – his tweets are global and when a London Mayor allows a Trump baby balloon to fly around London when POTUS visits only adds to how pathetic the grandstanding has got. A bigger reflection on the juvenile standards of the left than easily winning debates with reason, data and logic.

His defeat is a tragically simple affair – stop giving him hot air and he’ll plummet to earth. Imagine how many XXXX’s Democrats could give to the deplorables then. Sadly Trump is too good for ratings!

Surely voters can determine if tax returns matter to them

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Wow. How to alienate more voters across the country. Come up with new ways to fuel TDS. Hillary Clinton won the state of RI with 55.4% of the vote vs 39.8% for Trump in 2016. So a safe Dem seat. Presumably the idea is to get more states to follow RI’s suit. Surely voters can decide for themselves whether they regard his tax returns as a “must reveal” to the public. If they do think it’s an issue they’ll vote for anyone but him. Many public servants in RI would rather their gov’t focus on righting the 40% cuts to their pensions. CM is surprised WHO hasn’t issued a global epidemic warning for TDS.

No doubt liberal heads will explode at the upcoming SCOTUS pick. Even before anyone has been cast the person is already being painted a bigoted racist white supremacist. CM thinks even if Trump picked a Dem’s dream for the role they’d find a way to disparage that individual. RI is taking voters for mugs. They can decide on what matters to them by themselves. Not be dictated to by a state government being petty based on its own deeply rooted political biases. So much for democracy. Banning a sitting president from being on the ballot. The question is why has it taken 500+ days to come up with this plan?

Staring at the dictator – redux

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In Feb 2017, CM wrote a piece titled ‘Staring at the Dictator’ which highlighted that winning hearts and minds comes from sensible and reasonable dialogue. Not from widespread activism where the sole purpose is to shut down debate. Hasn’t the left learnt that physically and verbally bullying people senseless and mocking them for their supposed ignorance doesn’t work? Yet they still keep screaming the same hypo-ventilated bile, as Robert Reich has below. Nothing would make CM happier if democracy does its job in any country. If we believe he speaks for the majority, he has absolutely nothing to fear. No need for protests of any kind. Yet he shouldn’t blame the constituents for overthrowing bad governments who believe in divine incumbency. Blame bad policy.

If Democrats hadn’t treated the last election as a coronation then perhaps Hillary Clinton may have got her wish. Things had obviously become so bad at the grass roots level that the establishment was rejected. Even after all of the p*ssy grabbing allegations had been brought to light, Trump still won. His vulgarity was on the ballot. His “no one respects women more than I do” lie after this revelation in the 2nd debate was broadcast to 100s of millions. It was also on the ticket. Despite his supposed racist demagoguery, he got a higher proportion of black and Hispanic voters than either McCain or Romney. Don’t hate the player, hate the game. These are facts, as much as we may not like what they portend.

The #whitelash arguments don’t rub either because the same people voted a black man in twice. Clinton didn’t lose because she was a woman. She lost in part because she ran on the basis she was a woman. Surveys may show that Republican voters don’t want a female president however should Ambassador to the UN Nikki Haley run in 2024 she would win their support on the basis of her strength, not her gender or her Native American/Sikh heritage. Ability should be all that matters. Clinton’s constant griping 18 months after her loss shows just how poor a president she would have made. It is so bad even Rasmussen reports that a majority of Democrats don’t think she would have been any better than Trump. Take that!

If Trump loses legitimately (assuming he runs) in 2020 then so be it. In the last 1.5 years in office, American citizens have had plenty of time to weigh him in their own minds, regardless of the media’s relentless onslaught of over-the-top sensationalist click-baiting. If citizens feel he has delivered in areas that affected them on a personal level, they’re probably on balance willing to vote for the same again unless the alternative offers something better. At the same time they have had plenty of time to weigh the Democrats. They’ve seen first hand the bitterness at the State of the Union plastered on the faces of Pelosi et al. They’ve heard Maxine Waters call to her supporters to gang up on the staff in the current administration. They’ve seen countless Hollywood celebrities chant vile hate from celebrating the decapitation of the President, calling Ivanka a “feckless c*nt” to hoping 12yo Barron is ripped from Melania’s arms and caged with pedophiles. Democrat supporters have gone so far as to shoot GOP politicians. CM is quite sure that however horrid the President may be, these are hardly the types of antics that will sway opinion of the swing voters to join the self-appointed ‘righteous’ like Reich. And no, not all Democrats think like this much like many Republicans don’t endorse stupidity from their own. It lets down both sides.

Republicans or swing voters do not respond well to being called intolerant, cruel, racist, misogynist, xenophobic or climate sceptics without fact or basis. Since when does one consciously vote for others over their own needs? It isn’t selfish. If one is buried under onerous tax legislation, red tape or financial destitution do they vote to put the interests of others above their own? No. As a long term Liberal Party (aka conservatives) voter in Australia, the current party has ‘left’ me. I didn’t leave them. They did not win my vote last election. It must be earned. They don’t represent my values. It didn’t take tribal beltings to force me to a conclusion. Nor negative media to discover it. Yet somehow the activists believe that constant bleating will cause me to change my mind.

What would be nice is to see properly supported factual (not subjective rhetorical) evidence that 63mn Trump supporters are as one when it comes to all the claims they make. I would love to see the arguments in all their gore should they exist. Not a one off event. Happy to see where my own arguments hold deep flaws.  Many Trump voters detest him on a moralistic level yet are happy to champion his achievements if they feel they get a direct benefit from them. So often claims are made to undermine his followers. Every time (and often) these assertions prove to be baseless, the journey to sway the other side to see reason gets thwarted even further. Time magazine issuing a confession over the photo-shopped cover of last week ended up at the bottom of a long article. It just shows just how unapologetic they are. Kathy Griffin was sorry until she wasn’t again. Talk about self serving.

To the comments made by Robert Reich today:

“My friends, this is a dark hour. Intolerance, cruelty, racism, misogyny, xenophobia, and environmental destruction have been let loose across the land.

Trump controls the Republican Party, the Republican Party controls the House and Senate, and the Senate and Trump will soon control the Supreme Court.

Republicans also control both chambers in 32 states (33 if you count Nebraska) and 33 governorships. And in many of these states they are entrenching their power by gerrymandering and arranging to suppress votes.

Yet only 27 percent of Americans are Republican, and the vast majority of Americans disapprove of Trump. The GOP itself is now little more than Trump, Fox News, a handful of billionaire funders, and evangelicals who oppose a woman’s right to choose, gay marriage, and the Constitution’s separation of church and state.

So what are we – the majority — to do?

First and most importantly, do not give up. That’s what they want us to do. Then they’d have no opposition at all.

Second, in the short term, if you are represented by a Republican senator, do whatever you can to get him or her to reject Trump’s Supreme Court nominee, or, at the least, postpone consideration until after the midterm elections. Urge others to join with you. 202-224-3121

Third, make a ruckus. Demonstrate. Engage in non-violent civil disobedience. Fight lies with truth. Join the resistance. Participate in http://www.indivisible.org and https://swingleft.org.

Fourth, vote this November 6 for people who will stand up to all this outrage. Mobilize and organize others to do so. Contact friends and relations in “red” states, and urge them to do the same.

Fifth, help lay the groundwork for the 2020 presidential election, so that even if Trump survives Mueller and impeachment he will not be reelected.

Finally, know that this fight will be long and hard. It will require our patience, our courage, and our resolve. The stakes could not be higher.”

Perhaps what Reich fails to get is that he is almost backhanding his own supporters in his rant. It is more than likely that a majority of Republican (and no doubt many centrist Democrat) voters want the liberal left to give up because it has become nothing but white noise. The more they protest the more tuned out they become. Control of the Supreme Court? I encourage you to read the cake shop transcript where Associate Justice Sotomayor shows without a doubt she is a political activist, not a judge. It is embarrassingly obvious. The Supreme Court is only supposed to apply impartiality around current laws (or those at the time of the legal action), not make a song and dance about wish lists and try to piece a verdict around how nice it would be if things were different. She was trying to argue 2018 laws around a 2012 issue. One doesn’t have to be a lawyer to work that one out.

To the assertion that a handful of billionaire funders lean the GOPs way, he should reflect that most of the billionaires in America reside in blue states. In today’s world, the big corporations win more by backing Democrats because more onerous regulation benefits their ability to squeeze out the smaller competition thanks to red tape. Laissez faire? You’ve got to be kidding.

Perhaps in closing, the most compelling argument Reich makes is the one which stands out above all others – “we, the majority.” If he wants to stop Trump, he just needs the majority to vote on the shared basis of his beliefs – case closed. No need for protests. After all he says that Trump’s base is so small. If almost 3 years of negative spin on the sitting POTUS has failed to convince the majority, nothing will. Screaming in public may seem therapeutic to the masses but should the GOP win the mid-terms then Reich will prove just as out of touch as he was prior to the election.

Silence is golden. Let democracy take its course. Let us see whether the Russians consolidate their pick in the mid-terms…Putin has even more reason to ensure America sees more “red.”