The Kavanaugh Sham

Republicans didn't need to get Brett Kavanaugh to become the fifth vote of the "Roberts Five" that will give more power to corporations, roll back abortion, women's, voting and civil rights, gut environmental regulations and the administrative state, and more. The Federalist Society already had a substantial list of potential nominees that would do that and it actually didn't include Kavanaugh. In addition, McConnell had already warned that Kavanaugh's extensive paper trail would make it more difficult to confirm him.

That paper trail required that the Republicans ensure that the three-year period Kavanaugh was working for the Bush administration be hidden from the Senate and the American public as it would expose his involvement in torture, Iraq, and other Bush crimes. They also must remain hidden because they would prove, like Trump, Kavanaugh is a liar in ways far more direct and worse than the usual nominee's refusal to give straight answers.

There is at least some evidence that Kavanaugh lied about his knowledge of the Bush torture program in his 2006 hearing to become a federal judge. And today, Leahy seemed to indicate that Kavanaugh also lied about his knowledge of the hacking of the emails of the Democratic members of the Judiciary Committee by a Republican staffer as part of his shepherding of Bush judicial nominees. Apparently, the evidence that might confirm both these suspicions remains classified and can not be discussed or possibly even reviewed by Senators. He also claimed to have no knowledge about the serial sexual harassment engaged in by Judge Alex Kozinski, a judge whom he clerked for and actually introduced him at Kavanaugh's 2006 confirmation hearing. The fact that Kozinski's harassment was an open secret in elite legal circles makes Kavanaugh's claim hard to swallow.

The only reason that Brett Kavanaugh was selected was that he has an expansive view of presidential power and will protect Trump. That was made apparent by his refusal to answer Kamala Harris' question about whether he had spoken about the Mueller investigation with members of Trump's personal lawyer's law firm as well as by refusing to really answer Feinstein's question about whether a President can be subpoenaed.

And don't fall for the idea that Kavanaugh's penchant for imperial presidency might make it easier for the next Democratic president. You can be sure that the Court will come up with some thoroughly concocted theory that will prevent the Democratic president from exercising those powers in the particular way he or she chooses, just the way a Republican judge in Texas seems likely to rule Democratic laws aren't really laws as he repeals the ACA and Republicans in Congress determined a Democratic was not entitled to choose a Supreme Court justice.

John Kyl is probably a reasonable choice to replace John McCain as Arizona Senator. But it is surely no coincidence that Kyl was part of the team shepherding Kavanaugh's confirmation through the Senate. As such, he provides and insurance vote for Kavanaugh in case Collins or Murkowski go wobbly.

As Sheldon Whitehouse declared yesterday, the whole process is a sham in so many ways that are far worse than the usual kabuki theatre of Supreme Court confirmations. Republicans have the votes to confirm Kavanaugh and there is nothing that can stop them. They could run a "clean" confirmation hearing and ram him through regardless. The fact that they refuse to do so and have actually resorted to limiting the document review just shows how poor and flawed a nominee Kavanaugh really is. His only exceptional qualification is that he will protect Trump.

But using a corrupt process in order to confirm a corrupt nominee as just part and parcel of the decades long effort of Republicans to attack the independence of the judicial branch.