Jeff Flake’s “Investigation” Is A Predicable Trumpian Sham

This was about the easiest thing in the world to predict. Jeff Flake issues some hollow self indulgent bullshit to make himself look like the last great reasonable man, and it is all garbage being run as cover for a complicit Trump White House and weak Senate Republicans (and at least one faux Democrat) desperately and cowardly seeking any fig leaf possible to allow them to put a craven, partisan, angry and drunkard historical sex offender on the United States Supreme Court for the next three to four decades.

If you thought that was just hyperbole previously, read this from NBC News and chew on it:

Instead of investigating Swetnick’s claims, the White House counsel’s office has given the FBI a list of witnesses they are permitted to interview, according to several people who discussed the parameters on the condition of anonymity. They characterized the White House instructions as a significant constraint on the FBI investigation and caution that such a limited scope, while not unusual in normal circumstances, may make it difficult to pursue additional leads in a case in which a Supreme Court nominee has been accused of sexual assault.

The limited scope seems to be at odds with what some members of the Senate judiciary seemed to expect when they agreed to give the FBI as much as a week to investigate allegations against Kavanaugh, a federal judge who grew up in the Washington DC area and attended an elite all-boys high school before going on to Yale.

Yes, of course Trump and McGahn are limiting the scope and time of this “investigation”. It was always going to be a sham, and that is why it was always so absurd that the SJC Minority, and other Dems, not to mention the ridiculously ever gullible national press, bought off on this idiocy. It was an own goal that they set themselves up for and are now being collared by.

This is a fraud being perpetrated on the American public. The media needs to take the time and do their own investigation, the “FBI” one is a sham being manipulated by the sex criminal led and protecting, White House.

I honestly don’t know who is more clueless in what was up with this ruse….the national media as to the forever sucker play of “the last honest Republican, Jeff Flake”….or the Democratic cheerleaders that thought this was anything other than a sham fig leaf cover play. Both are pathetic. This was obvious from the first second Flake uttered the words “limited” and “one week or less”.

PT Barnum said that a sucker is born even minute. A LOT of them were born yesterday. Didn’t have to be that way, but that is the stupidity of DC politics, and press coverage thereof.

On Squi and the 65-Lady Letter

This is an insight I owe entirely to a reader, BI.

There should be an explanation for why Christine Blasey Ford was (presumably) not invited to be on the 65-lady letter backing Brett Kavanaugh pulled together just as allegations of sexual assault became public.

In spite of the fact that it got entered into the record multiple times in Thursday’s hearing, it already had diminishing value as a measure of Kavanaugh’s character. After Ford’s identity was made public, some of the women who signed the letter grew reluctant to stand by their support publicly.

Five of the women who signed the letter declined to comment when reached by POLITICO following the public revelation of Ford’s identity.

Dozens of others either didn’t respond to POLITICO’s inquiries or could not be reached.

The AP reported that “more than a dozen” stood by the letter after Ford came forward, which is not 65.

More strikingly, one of the signers of the letter, Renate Schroeder Dolphin, upon realizing that she was mocked in the yearbooks of 14 boys, including Kavanaugh, spoke instead about how hurtful his circle of friends was.

This month, Renate Schroeder Dolphin joined 64 other women who, saying they knew Judge Kavanaugh during their high school years, signed a letter to the leaders of the Senate Judiciary Committee, which is weighing Judge Kavanaugh’s nomination. The letter stated that “he has behaved honorably and treated women with respect.”

When Ms. Dolphin signed the Sept. 14 letter, she wasn’t aware of the “Renate” yearbook references on the pages of Judge Kavanaugh and his football teammates.

“I learned about these yearbook pages only a few days ago,” Ms. Dolphin said in a statement to The New York Times. “I don’t know what ‘Renate Alumnus’ actually means. I can’t begin to comprehend what goes through the minds of 17-year-old boys who write such things, but the insinuation is horrible, hurtful and simply untrue. I pray their daughters are never treated this way. I will have no further comment.”

So the letter should not, now, be treated as a validating document.

That said, if Ford was not invited to be on the letter, then it is itself proof that the letter does not reflect the views of all the women who were spending time with Kavanaugh during the summer in question.

Having spoken to some folks who were in these circles at the time, I’m not at all suspicious of the explanation behind how the letter came together immediately after Ford’s allegations — but not her identity — were made public.

It started as a series of phone calls among old high-school friends and ended up embroiling 65 women in the firestorm over a sexual assault allegation that could shape the Supreme Court.

In a matter of hours, they all signed onto a letter rallying behind high court nominee and their high school friend Brett Kavanaugh as someone who “has always treated women with decency and respect.”

I don’t regularly use Facebook. I’m not even in close contact with friends from college (who remain a tight-knit network), much less either of my high schools. But for those who do remain close with friends from their youth, especially on Facebook, such a feat would be easy to do. The network that remains close would easily come up with 65 signers. (For what it’s worth, the one network from my youth where I could be relied on to pipe up this quickly includes at least two men I know raped women in the women in the network.)

But Ford presumably wasn’t invited to be on the letter.

There are several possible explanations why she wouldn’t be, but both discredit the letter itself.

The most plausible is that she simply doesn’t run in those circles anymore. She lives on the west coast, she suffered a trauma associated with this network, she found socializing generally more difficult in the years immediately after the assault, which would have been precisely the period when she might keep up those ties.

That’s all well and good, except testimony in Thursday’s hearing makes clear that — regardless of what happened between Kavanaugh and Ford — she is one of the women who might have insight on his behavior at the time. That’s because both Kavanaugh and Ford each spent a lot of time, individually and (at least according to Ford) together that summer with the guy Ed Whelan falsely accused of the assault, whom I’ll refer to only as Squi.

On 13 occasions, Kavanaugh refers to someone named “Squi” on his calendar. It’s the name that crops up the most. Kavanaugh and Squi, who played on the Georgetown Prep football team with him, went to a Washington Bullets game, to Squi’s house in Rehoboth, to see movies, to the beach. On July 1, Kavanaugh, Judge, PJ, Squi and two others go to “Timmy’s for skis” — an apparent reference to going to a friend’s house for beers (“brewskis”).

[snip]

Ford explained. The shared connection to Kavanaugh was the person who Whelan suggested might be the real culprit.

“How long did you know this person?” Mitchell asked.

“Maybe for— a couple of months we socialized,” Ford replied. “But he also was a member of the same country club, and I knew his younger brother as well.” That was a couple of months prior to the alleged attack, Mitchell clarified.

Mitchell then asked Ford to explain the nature of her relationship with that person.

“He was somebody that, I will use the phrase ‘I went out with,’ ” Ford said, using air quotes. “I wouldn’t say ‘date.’ I would say ‘went out with’ for a few months. That was how we termed it at the time.”

[snip]

Ford, in other words, claims that she had been going out with Squi for months before the alleged incident in the summer of 1982. Kavanaugh’s calendar from that year shows that he spent a lot of time with Squi as well. And Kavanaugh further alleges that he “may” have met Ford but that they “did not travel in the same social circle” and that “she was not a friend, not someone I knew.”

Ford went out with Squi (though earlier than the assault, it sounds like), and Kavanaugh spent tons of time with him. If you want to know how Kavanaugh and his buddies treated women that summer, you’d want to ask the women who were dating his buddies. But the letter signers apparently didn’t ask Ford.

Which means they asked a sample of women who remain close whether Kavanaugh treated women well, not the sample that might be best situated to attest to how he treated women that summer. (It’s also possible that Kavanaugh treated the girls from Georgetown Prep’s sister Catholic schools differently than they treated girls from other schools, though the letter includes women who attended both Catholic and non-Catholic schools.)

Of course, there’s a more nefarious possibility, the counterpart to the nefarious possibility that Ed Whelan targeted Squi precisely because he had learned who Ford was before her name became public and knew her connection to Kavanaugh went through Squi and knew that by falsely accusing Squi (who signed the male letter of support for Kavanaugh but has since gotten furious at being falsely accused of assault), he would discredit a key piece of evidence showing that Kavanaugh did travel in the same circles as Ford. That nefarious counterpart possibility is that enough women heard of the attempted rape at the time, knew which woman had been victimized, and so when calling around for supporters, avoided Ford.

The former is the more likely explanation: that the circle of women who — before knowing Ford’s identity, at least — were willing to make a show of a support for a powerful man who was about to become even more powerful, self-selected for those remain close to those who did have positive experiences with this crowd back in the day.

But if it is indeed true that Ford was not asked to sign, then it cannot be considered the proper sample to understand how Kavanaugh was treating women that summer.

The Record Supports Christine Blasey Ford

This may sound counterintuitive. But the Republican-led whitewash hearing into allegations that Brett Kavanaugh assaulted Christine Blasey Ford actually ended up supporting her case, not Kavanaugh’s.

Ford withstood Rachel Mitchell’s interrogation

As bmaz noted, the Republicans hired a skirt: Maricopa sex crimes prosecutor Rachel Mitchell.

Mitchell conducted all of the questioning — save one impetuous outburst from Lindsey Graham — of Ford. And Mitchell tried diligently to challenge Ford’s account. She started by asking Ford to review all her statements and correct and inconsistencies in her past statements, something she did not do thoroughly with Kavanaugh. She then challenged Ford’s story in a few places, first by shadowing the Ed Whelan theory that the house in question must belong to the parents of Kavanaugh’s doppelganger, Chris Garrett (later testimony would make clear Garrett was how Ford first got introduced to the Kavanaugh crowd); Ford dismissed that by answering that the house in question might be in a broader area. Mitchell tried to suggest that Ford’s symptoms — including PTSD and anxiety — might come from other reasons; but because this is Ford’s academic expertise, Ford swatted those away with science. Mitchell made much of the fact that Ford declined to travel to DC in spite of her dislike of air travel, even though she travels for a yearly family visit and vacations. Mitchell also tried to insinuate that some political actors either coached her or paid for Ford’s polygraph, but Ford’s lawyers pointed out they had paid for it, as is the norm. And Ford’s own timeline simply didn’t support the claim she was politically coached. Mitchell invented a claim, out of an indistinct claim by Ford, that she had wanted to keep her testimony confidential up until the original hearing. In the end, Mitchell got Ford to admit — relying on her expertise — that five minute sessions like this hearing weren’t the best way to get the truth from victims of trauma, which would seem to support a longer investigation, not the kind of hearing Mitchell had been paid to star in.

Ford withstood all those questions with grace (and the timely intervention of her attorneys).

Kavanaugh spent 45 minutes ranting like a belligerent drunk

Chuck Grassley unwisely let each witness take as much time as they wanted for opening statements.

After Ford took a normal amount of time, Kavanaugh, bidding for Trump’s support, took a full 45 minutes for his statement.

His statement was delivered shrilly, with an angry red face, just short of screaming. Coming after hours of testimony he was sometimes a violent drunk, Kavanaugh looked during his statement like the drunk you avoid in the parking lot of a bar, because it’s just not worthwhile human interaction. I don’t rule out him drinking while watching Ford’s testimony, nor did others.

In short, Kavanaugh looked like a guy who could not manage rage, just as numerous witnesses had described him being as as a drunk.

The Mark Judge Safeway timing suggests a late June/early July assault

One reason Ford repeatedly said she’d like an FBI interview is because she assumed that if she could date an exchange she had with Mark Judge after her assault, she might be able to narrow down when the actual event occurred. Republicans want to avoid having Judge’s public comments about drunken debauchery in the time period reviewed by any credible questioner.

Judge has written about that in his book, describing working at the local Safeway for a few weeks to pay for Football camp.

According to Kavanaugh’s calendar, football camp started on August 23 that year.

Ford testified that her exchange with Judge took place 6 to 8 weeks after the incident.

Ford: We had always been friendly with one another. I wouldn’t characterize him as not friendly. He looked ill. Says it happened 6-8 weeks after the incident.

If Judge was working for the few weeks prior to Football camp to pay for it and his and Kavanaugh’s exchange with Ford happened 6 to 8  weeks earlier, that would put the assault in early July.

That would mean this entry, for an event on Thursday, July 1, 1982, in Kavanaugh’s calendar would be solidly within that range.

The Republicans fire their prosecutor after she corroborates Ford’s story

And Kavanaugh’s testimony actually supports Ford.

Start with the claim, in his opening rant, that he usually only drank on weekends. That makes no sense because Judge’s book about the period describes being dysfunctionally hungover routinely while he worked at the Potomac Safeway to earn money for Football camp.

Kavanaugh claims this had to be a weekend bc they all worked. But Judge said he routinely went to work badly hungover.

Then Mitchell started questioning Kavanaugh. She started by asking him to review the definition of sexual assault, as she asked Ford to do. Kavanaugh got a weird set to his lips.

Shortly thereafter, she turned to his calendar, getting him to confirm that he wrote everything in there. In her next round, Mitchell’s first questions were about the July 1 entry. After filibustering about the earlier workout session (about which he wasn’t asked), Kavanaugh admitted that the entry showed he got together at Tim Gaudet’s —  with Mark Judge and PJ Smith — and Chris Garrett, whose nickname is Squi.

In other words, Kavanaugh confirmed he was at a small gathering with the boys Ford said were there, as well as the guy who had introduced her to these boys.

Durbin’s questioning followed, after which Lindsey Graham took over questioning from Mitchell and went on a tear, calling it an unethical sham. Having gotten Kavanaugh to identify a get-together that matched Ford’s description, Mitchell was done questioning for the day.

Effectively, the GOP hired a prosecutor to question a victim, but decided the alleged perpetrator could not withstand the same prosecutor’s questions as soon as she had him identify a get-together that resembled the one described by Ford.

Kavanaugh thrice stopped short of denying being a blackout drunk

One problem with Kavanaugh’s testimony is that he and his alleged accomplice, Mark Judge, are reported to be blackout drunks. Judge even wrote a book admitting to the fact. So Kavanaugh went to some lengths trying to avoid admitting that he had ever blacked out, even while he admitted, “I like beer,” over and over.

The first came, in her first round, when Mitchell asked Kavanaugh what he considered too many beers.

Mitchell: What do you consider to be too many beers?

Kav: I don’t know, whatever the chart says.

[snip]

Mitchell: Have you ever passed out from drinking?

Kav: Passed out would be no, but I’ve gone to sleep. I’ve never blacked out. That’s the allegation, and that’s wrong.

That’s when Republican Senators started to look worried. They gave Kavanaugh one of his three lifeline breaks.

Kavanaugh repeatedly dismissed his freshman roommate’s claim that he was a shy man who became belligerent after drinking by pointing to the squabble that one freshman roommate had with another, as if the normal animus between freshman roommates makes the observation of one invalid.

Finally, Blumenthal raised an incident from college that Kavanaugh had admitted he didn’t recall, only to have Kavanaugh insist he remembered all of it.

Let me ask you this. In a speech that you gave, you described, quote, falling out of the bus onto the front steps of the Yale Law School, at 4:45 AM.

Kavanaugh interrupted to try to prevent Blumenthal from finishing the quote.

The quote ends that you tried to piece things back together, end quote, to recall what happened that night. Meaning?

I know what happened. I know what happened that night.

The appellate court judge actually didn’t claim that he remembered it, just that he knows what happened.

Kavanaugh refuses to call Mark Judge

As a reminder, Ford alleges that Brett Kavanaugh tried to rape her in the presence of admitted dead drunk Mark Judge. Republicans refused to call Judge over and over.

Then Kavanaugh refused to answer questions about Judge’s own accounts of the period. In response to a question from Patrick Leahy about whether he was the drunk described as Bart O’Kavanaugh in Judge’s book, Kavanaugh refused to answer.

3rd Q: Are you Bart O’Kavanaugh.

Kav: not answering.

Kav finally says, “you’d have to ask him.” Which is the point.

Blumenthal noted to Kavanaugh that Judge’s statement was just six cursory and conclusory sentences signed by Judge’s lawyer, not a sworn statement.

So here’s what we saw yesterday: Christine Blasey Ford was unflappable and consistent. By comparison, Kavanaugh — at least in his statement — appeared to be precisely what he denied he was. His denials that he was a blackout drunk (and therefore that he assaulted Ford but didn’t remember it) were not credible and stopped well short of supporting his claim. And his own calendar, and the Republicans own prosecutor, identified a get-together that matches the time and attendees identified by Ford.

The GOP tried to set up a whitewash of this evidence. But instead, it failed, and they were left with screaming men.

And that won’t stop them from voting out his nomination.

Kavanaugh Hearing: The Aftermath

[NB: CHECK THE BYLINE.]

It was a disaster, no matter how Republicans spin it. As after a disaster, damage continues.

Brett Kavanaugh was an aggressive and belligerent drunk according to a former Yale roommate. His incredibly rude behavior before the Senate yesterday proved his belligerence didn’t require alcohol. Yelling at seated senators, talking over the women who asked him questions — he did not demonstrate either respect for their office as the representatives of the people, nor did he display appropriate judicial temperament.

He also lied several times. Call it prevarication, untruthiness, fib, whatever label makes you feel more comfortable but what came out of his mouth did not match facts.

The SJC’s GOP faction knew he was at extreme risk, particularly so when their hired girl reverted to a prosecutor’s role and asked Kavanaugh about his calendar. It was at this point that Mitchell was ‘disappeared’ and Lindsey Graham flipped his wig, stepping up to put on an act worthy of an Academy Award for a supporting actor. So very Shakespearean in his castigation; woe, woe betide those who dared to ignore the wholly arbitrary deadline the GOP forced on this train wreck confirmation.

Poppycock and nonsense. We haven’t forgotten Merrick Garland and the unacceptable theft of his place on the Supreme Court.

Lest anyone claim Graham wasn’t acting: he was seen laughing in the hallway after the hearing, yucking it up with a couple other GOP senators. His cadre welcomed him later with applause as he entered a closed door meeting.

EDIT — I’d thought of this Carl Sandburg quote yesterday during Graham’s ‘performance’, meant to include it here:

“If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and the facts are against you, pound the table and yell like hell.”

Nice drama, babe. You’ve got a second career waiting for you after you leave office — hopefully sooner than later.

The Jesuit magazine which had endorsed Kavanaugh saw through the acts; they revoked their endorsement last night, saying they “recognize that this nomination is no longer in the best interests of the country.”

The American Bar Association expressed its concerns about Kavanaugh’s confirmation and asked the confirmation to be delayed until after a more thorough investigation.

Somebody else is worried about the confirmation, enough that they dispatched George W. Bush to lean on fencesittng GOP holdouts.

Imagine how bad it is that Bush must get engaged in this mess to cover for Trump’s inadequacies as a negotiator, though we shouldn’t overlook the possibility Bush has skin in the game if any cases come before the Supreme Court in which he is a defendant.

And Alan Dershowitz called for a delay to allow for an FBI investigation. Yeah, it was that bad.

In minutes the Senate Judiciary Committee will meet and then we’ll know whether this farcical nomination will continue on to the full Senate.

EDIT — 10:19 AM — AP News reports Senate Judiciary Committee will vote at 1:30 pm today on forwarding Kavanaugh’s nomination to the full senate.

Be sure to check out Marcy’s more detailed analysis of yesterday’s hearing. This is an open thread.

If you haven’t called your senators, do so. Congressional switchboard: (202) 224-3121.

Contra Kavanaugh, Redux

[NB: CHECK THE BYLINE.]

I wanted to put this post up earlier for the purposes of an open thread to accompany today’s political theater — I mean, the next Kavanaugh hearing.

Unfortunately I have been too upset to touch my keyboard. It was Rachel Mitchell’s grilling of witness Dr. Ford, treating her like a criminal instead of a victim, which flipped my switch.

Oh I am wholly enraged now. Do NOT fuck with me today.

I can see all the women in my multiple social media timelines equally upset and angry, swaying back and forth between crying and raging at the Republican assholes seated as Senate Judiciary Committee members.

Even now Grassley is interrupting the hearing’s flow to insert his own testimony of the timeline to questioning Dr. Ford, thereby reducing the amount of time the Democratic members have to question Dr. Ford. It’s a filibuster and he can’t yet explain why he didn’t ask for an FBI investigation.

Absolutely enraging.

The nomination of Brett Kavanaugh and the subsequent abuse of Dr. Ford has been a gross unforced error on the part of the Republican Party and the Trump administration. The questionable election of admitted sexual abuser Trump encouraged the largest number of women ever to run for public office. The 116th Congress will be very different because of this ongoing pink wave, first seen in the streets the day of the 2017 Women’s March.

This hearing and everything that led up to it will trigger an avalanche, a tsunami.

Get your rage on, let it out here. Burn it down and salt the earth, pave the way for that massive wave to come.

“In exchange for fire we women
Were made, another fire, greater
Much harder to fight.”

“We are women: in some things, we hesitate.
But in others, no one can surpass our courage.”
— Euripides

Gods help Kavanaugh when he appears later today. Gaia may slip her axis if he and the GOP senators fuck up any more badly than they have with women.

UPDATE: Kavanaugh’s performance today proved he does not have the appropriate judicial temperament appropriate to his current job let alone the Supreme Court.

CALL YOUR SENATORS NOW and tell them to vote NO on Kavanaugh.

Congressional switchboard: (202) 224-3121

If their D.C. line is busy or their mailbox is full, try contacting your senators’ local office numbers. Time is of the essence given the Republicans are meeting this evening to tally votes.

Can Senator Feinstein Block The Appointment of Rachel Mitchell?

As you know by now, Maricopa County (Arizona) sex crimes unit chief Rachel Mitchell has been deemed by Chuck Grassley and the Senate Judiciary Republicans as their front person to examine Dr. Christine Blasey Ford. From NBC News:

The woman chosen by Senate Judiciary Committee Republicans to question Supreme Court nominee Brett Kavanaugh’s accuser will be in an unusual position when she goes face-to-face with Christine Blasey Ford on Thursday.

Senate Judiciary Committee Chairman Chuck Grassley announced Tuesday that he hired Rachel Mitchell, an outside attorney to question Kavanaugh and Ford, on behalf of the 11 male Republicans on the committee — despite Ford’s wishes to be questioned by the senators themselves about her accusation that Kavanaugh sexually assaulted her when the two were teenagers.

So, the eleven old white men of the SJC want a female stand in to make their evisceration and shining on of putative kidnapping, sexual assault and attempted rape victim Dr. Ford. Because the optics the GOP men, and men are the only sex that has ever served for Republicans on SJC, looked too ugly for even them.

But is this unprecedented move, clearly designed with public optics and maximal humiliation of Dr. Ford even appropriate? Maybe not!

Now, I am not a Senate Rules expert, but a comment made me go do a little digging. Here is the text of the the most recent version of the United States Senate Standing Rules, Orders, Laws, And Resolutions. Here, specifically, is the section, contained in Chapter 43 thereof, in §4301(i)(3) relating to committee retention of consultants:

(3) With respect to the standing committees of the Senate, any such consultant or organization shall be selected by the chairman and ranking minority member of the committee, acting jointly. With respect to the standing committees of the House of Representatives, the standing com- mittee concerned shall select any such consultant or organization. The committee shall submit to the Committee on Rules and Administration in the case of standing committees of the Senate, and the Committee on House Oversight in the case of standing committees of the House of Representatives, information bearing on the qualifications of each consultant whose services are procured pursuant to this subsection, including organizations, and such information shall be retained by that committee and shall be made available for public inspection upon request. (Emphasis added)

So, Senator Feinstein, is this indeed the case? If so, why would you assent to appointment of a prosecutorial thug like Rachel Mitchell to examine the putative victim here, Dr. Ford?

Rachel Mitchell is currently head of the Sex Crimes Unit in the Maricopa County Attorney’s Office (MCAO). She has served under three heads of the MCAO, but she was elevated to her current position because she was an extremist who fit the desired bill by the notorious former MCAO head, Andrew Thomas. As you may recall, Andy Thomas not only had to leave the MCAO in disgrace, but subsequently was disbarred for his zealotry. And that kind of craven zealot is exactly who Rachel Mitchell identified with and was promoted by back in January of 2005. And is Mitchell always hard on sex criminals? No, in fact her past also includes sweetheart deals to abusive clergy members in politically charged cases.

Rachel Mitchell is one of the worst choices imaginable for the current task. It is a heinous move by Chuck Grassley and a direct and complete screw you to Dr. Ford and sexual abuse and rape victims across the United States and world.

And the “screw you” to victims is especially salient with the existence of additional putative victims of Brett Kavanaugh’s drunken debauchery. Not only is there Debbie Ramirez, who did not seek to come forward, but was located because friends and classmates of hers and Kavanaugh, while Kavanaugh was at Yale, started recalling her victimization and talking about it. Jane Mayer has more on that, not to mention her and Ronan Farrow’s original reporting on Ramirez.

And, just as of an hour or two ago, yet another troubling story of Brett Kavanaugh’s misogyny and conduct has been made public by her lawyer Michael Avenatti. Julie Swetnick has issued a sworn affidavit that is chilling. Swetnick is a A 1980 graduate of Gaithersburg High School in Gaithersburg, Maryland, and has has held multiple security clearances for work done at the Treasury Department, U.S. Mint, IRS, State Department and Justice Department. In short, she is a more than credible person who has put her statement under oath and penalty of perjury.

Here is her affidavit, and it is chilling. It describes what now seems obvious, Brett Kavanaugh and his friend Mark Judge were part of a group of a private boys school wilding gang that drank to excess regularly mistreated women. Judge and Kavanaugh were “joined at the hip” according to Swetnick. She further states:

There is more, much more, including descriptions of girls, including Ms. Swetnick herself, being knocked out with spiked punch and gang raped.

And that is where we find ourselves today. It appears that Senator Feinstein can put the kibosh on the craven hiring of a zealot prosecutorial thug like Rachel Mitchell and, further, can with the help of any and all Republican Senators of conscience, slow down this train wreck and investigate the claims and give a real hearing. That means someone among Jeff Flake, Lisa Murlowski, Susan Collins, or another, needs to step up and do the right thing. Will they? Will Senator Feinstein?

Within the last minute, Senator Feinstein has issued the following statement:

Washington—Following the release of a sworn affidavit from Julie Swetnick detailing new allegations of sexual assault by Brett Kavanaugh, all 10 Democratic members of the Senate Judiciary Committee today urged President Trump to immediately withdraw the nomination or order an FBI investigation into all allegations.

The senators wrote: “We are writing to request that you immediately withdraw the nomination of Brett Kavanaugh to be an Associate Justice on the Supreme Court or direct the FBI to re-open its background investigation and thoroughly examine the multiple allegations of sexual assault.

“Judge Kavanaugh is being considered for a promotion. He is asking for a lifetime appointment to the nation’s highest court where he will have the opportunity to rule on matters that will impact Americans for decades. The standard of character and fitness for a position on the nation’s highest court must be higher than this. Judge Kavanaugh has staunchly declared his respect for women and issued blanket denials of any possible misconduct, but those declarations are in serious doubt.”

That is a nice statement, but there appears to be so much more that Senator Feinstein can do Jeff Flake just took to the Senate Floor and, despite some words of empathy, wholeheartedly accepted that tomorrow’s sham hearing in SJC is all that there will ever be. While Flake appeared close to tears, he, as usual, said and intends to do nothing admirable and/or heroic.

It is a sad show we are watching. The hallowed halls of the Supreme Court deserve better, and so too do the American people.

Three Things: CRC—What? An Indictment, Plus Shut Downs Ahead

[NB: As always, check the byline. / ~Rayne]

Brett Kavanaugh’s nomination and confirmation process is an 800-pound gorilla in the media, as is the potential for the obstructive removal of Rod Rosenstein as Deputy Attorney General. They suck up enormous amounts of mental wattage, sitting wherever they want to sit.

Here are three things which are in some way related and worth more of our attention, whatever is left after the gorillas are done with it.

~ 3 ~

CRC: One degree from Manafort

Thomas Fine went prowling around FARA filings, landing this juicy find (pdf):

Yes, Creative Response Concepts, Inc., the same firm for which Ed Whelan has worked, registered in 2005 as a foreign agent for Viktor Yanukovych — the same Yanukovych for which Paul Manafort also worked as an illegal foreign agent. CRC was paid $10,000 by Potomac Communications Group, for which Aleksei Kiselev worked. Kiselev also worked for Paul Manafort to assist Yanukovych.

What a small, small world.

Should note CRC’s registration was after the fact — they were contracted for April-October 2003. Why so late?

(Thanks to @JamesFourM for the PCG-Kiselev-Manafort link.)

~ 2 ~

Indictment yesterday related to Trump Towers…in Azerbaijan

Didn’t see this until late last night: DOJ indicted Kemal “Kevin” Oksuz (pdf) on one count of hiding or falsifying material facts and four counts of making false statements to the U.S. House of Representatives Committee on Ethics. The filings were related to a Congressional trip to Azerbaijan ultimately paid for by State Oil Company of Azerbaijan Republic (SOCAR), the wholly state-owned national oil and gas company of Azerbaijan.

Oksuz is now a fugitive.

Ten members of Congress and 32 staffers traveled in 2013 to attend a U.S.-Azerbaijan convention in Baku after Azerbaijan had asked Congress for an exemption from sanctions on Iran for a $28 billion natural gas pipeline project. The members and staffers were later cleared as it appeared they believed the trip’s funding was provided by Oksuz’s nonprofit organization.

Personally, I think those members and staffers needed a rebuke. Nonprofits don’t print money; they rely on money from donors. Follow the money to the donors before accepting a trip and incidentals. It’s not rocket science.

Worth keeping in mind the Trump International Hotel & Tower built in Baku, overseen by Ivanka Trump, which burned in late April this year — an amazing two fires, same day. What are the odds?

~ 1 ~

Shutdowns Ahead: U.S.-Canada and U.S. Government?

Doesn’t look like negotiations between the U.S. and Canada are going to make this Saturday’s deadline. No idea what will happen after that. We all know the Trump administration has been at fault; how could anybody screw up a long-term peaceful relationship like U.S.-Canada, our second largest trading partner after China, without deliberate bad faith? Without the intent to screw over another NATO member’s economy?

And the U.S. government itself faces a budget deadline. If the “minibus” budget bill isn’t signed by midnight this coming Sunday we’re looking at a shutdown and it appears the bottleneck may be Trump. The jerks at Breitbart are fomenting to encourage a shutdown by insisting Trump refuse to sign the bill — they’re just plain malicious, thinking not at all about the impact on fellow Americans or the economy.

Putin must be laughing his ass off at how easily the GOP’s white nationalist base has subverted U.S. and NATO stability by giving up control to a mobbed-up, golf-addicted, attention-deficient wig.

~ 0 ~

Don’t miss Marcy’s interview on Democracy Now in which she talks about Rod Rosenstein’s status and the Kavanaugh confirmation process.

Treat this like an open thread — have at it.

p.s. A note on site operations: Please be sure to use the same username and email address each time you log into the site. It makes it easier for community members to get to know you. Deliberate sockpuppeting is not permitted.

Brett Kavanaugh: “It Depends on What the Meaning of the Phrase ‘Sexual Assault’ Is”

When I was a freshman at Amherst, an older guy denied he had sexually assaulted me because he hadn’t ejaculated. He went on to become a prosecutor, though not one promoted to the Supreme Court.

I was reminded of that detail this morning on Democracy Now. As Amy Goodman and I noted there were two striking aspects of Brett Kavanaugh’s interview with Fox News last night. Many people have noted the way Kavanaugh interrupted his wife, Ashley, when Martha MacCallum asked her whether the FBI should investigate.

I was struck more by how Kavanaugh, who believed Bill Clinton should be impeached because he denied having sex because he had not had vaginal intercourse, denied he had sexually assaulted anyone.

KAVANAUGH: We’re talking about an allegation of sexual assault. I’ve never sexually assaulted anyone. I did not have sexual intercourse or anything close to sexual intercourse in high school or for many years there after. And the girls from the schools I went to and I were friends —

MACCALLUM: So you’re saying that through all these years that are in question, you were a virgin?

KAVANAUGH: That’s correct.

MACCALLUM: Never had sexual intercourse with anyone in high school –

KAVANAUGH: Correct.

MACCALLUM: – and through what years in college since we’re probing into your personally life here?

KAVANAUGH: Many years after. I’ll leave it at that. [my emphasis]

That is, the man who helped impeach Bill Clinton for a blowjob says he couldn’t have sexually assaulted any of the now-four women who allege he did because he remained a virgin through that entire period.

And having defined vaginal intercourse to be necessary in any sexual assault, Kavanaugh kept repeating the term, sexual assault sexual assault sexual assault sexual assault sexual assault sexual assault sexual assault sexual assault, eight times in the interview.

KAVANAUGH: No. I had never sexually assaulted anyone, not in high school, not ever. I’ve always treated women with dignity and respect.

[snip]

KAVANAUGH: Correct. I – I never had any sexual or physical activity with Dr, Ford. I’ve never sexually assaulted anyone in high school or otherwise—

MACCALLUM: So, where do you think this is coming from? Why would she make this up?

KAVANAUGH: What I know is the truth. And the truth is, I’ve never sexually assaulted anyone in high school or otherwise. I am not questioning and have not questioned that perhaps Dr. Ford at some point in her life was sexually assaulted by someone in some place. But what I know is I’ve never sexually assaulted anyone in high school or at any time in my life —

[snip]

KAVANAUGH: I have never sexually assaulted anyone. I was not at the party described. [my emphasis]

Either Brett Kavanaugh is, after all these years, admitting he shouldn’t have impeached Bill Clinton.

Or he’s realizing how convenient word games can be when faced with your own past actions.

Not All Influencers Are Celebrities on YouTube

[NB: Note the byline. ~Rayne]

There’s something hinky going on with news curation in Twitter. The story at the top of the Moments/Trends yesterday in the mobile app was this one:

We now know the GOP anticipated additional accusers when the story above was published. This morning the story at the top of Twitter’s mobile U.S. news feed is this one:

Which seems really odd that both of these stories push the White House/GOP angle promoting the troubled nomination of Brett Kavanaugh by attacking accuser Christine Blasey Ford’s credibility.*

Meanwhile, the New Yorker story by Jane Mayer and Ronan Farrow about a second victim alleging an assault by Kavanaugh published last evening set Twitter timelines ablaze immediately and overnight. Yet that story isn’t the one at the top of Twitter’s US News this morning.

Is this an example of poor or biased curation by Twitter? Or is this the effect of a public relations campaign (by a firm like CRC for which Ed Whelan has worked) paying to promote a news article without any indication to the public that this elevation has happened?

Would such a PR-elevated piece written by a news outlet ever fall under the scrutiny of the Federal Trade Commission as YouTube influencers’ embedded promotions have recently? Or would it slip by without the public’s awareness because it’s First Amendment-protected content?

The Federal Communications Commission won’t want to touch this subject because its chair Ajit Pai won’t want to open up a can of worms about the internet and its content as a regulated commodity like broadcast radio and television.

The Federal Election Commission hasn’t looked at news-as-campaign-ads when such content is produced in the U.S. related to an unelected/appointed official position.

Google News is a little better this morning:

Note the position of the New Yorker piece in the feed. But it’s not clear how any of the news related to Kavanaugh surfaces to the top of Google’s news feed due to a lack of transparency let alone a particular story. The public doesn’t know if there have been any attempts to manipulate the elevation/submersion of a news story favorable/unfavorable to any subject including unelected/appointed officials.

As a majority of Americans increasingly obtain their news online instead of by broadcast or print media, we’re going to need more clarity about social media’s role as a publishing platform and whether social media giants are still being used to manipulate public opinion.

__________

* First image is the expanded version as I didn’t realize at time of screenshot there would be a relationship between top of Twitter news feed on September 23 and this morning’s top of news feed. All images in this story are used under Fair Use for purposes of media criticism

Brett Kavanaugh Just Provided Compelling Evidence He Received Sexually Explicit Emails from Alex Kozinski

In his latest attempt to respond to the allegation that he attempted to rape Christine Blasey Ford, Brett Kavanaugh has let it be known he has calendars from 1982 that (he claims) exonerate him, as if teenagers create permanent records of the incidences where they drink illegally and attempt to rape their acquaintances.

But his claim to have records so readily at hand should focus new scrutiny at one of his answers — or rather, one of many refusals to answer — to a question from Patrick Leahy.

59. At your hearing last week, you and Senator Hirono had the following exchange:

SEN. HIRONO: Have you otherwise ever received sexually suggestive or explicit e-mails from Judge [Alex] Kozinski, even if you don’t remember whether you were on this “Gag List” or not?

KAVANAUGH: So Senator, let me start with no woman should be subjected to sexual harassment in the workplace, and … [sic] 7

You avoided answering the question. Please go through your files and emails, and definitively state whether you ever received sexually suggestive or explicit emails from Judge Kozinski, whether as part of his “Easy Rider Gag List” or otherwise.

RESPONSE: I do not remember receiving inappropriate emails of a sexual nature from Judge Kozinski. [bold original]

When it suits his interests, Kavanaugh has now shown, he has a heroic ability to find documentary evidence.

But here, for a period that lasted into much more recent time, Kavanugh insolently ignored a second direct request about whether he had documentary evidence that he knew of Kozinski’s harassment.

Which is pretty compelling evidence that such evidence does or once did exist.

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