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Kavanaugh Nomination

Schumer demands no Kavanaugh hearing until there’s an FBI investigation he knows will never happen


By —— Bio and Archives--September 19, 2018

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Schumer demands no Kavanaugh hearing until there’s an FBI investigation
If you had any doubt this was anything but a delay tactic, this morning’s developments should dispel your doubt.

Brett Kavanaugh was sailing to inevitable confirmation before Dianne Feinstein’s last-minute smear/ambush, and that put Democrats in a state of emergency. If Kavanaugh is confirmed, their last hope of a liberal Supreme Court majority could be lost for at least a generation. If you want to know why that represents the political equivalent of a nuclear meltdown, understand that Democrats routinely run to federal judges to impose policies they can’t achieve legislatively (or block policies they can’t stop any other way).

The judiciary does not have the constitutional authority to do this as extensively as Democrats want them to, and when liberal judges try to push those limits, they inevitably get stomped by a Supreme Court whose majority still believes in constitutionally limited government. Democrats desperately want to change this dynamic, and if Kavanaugh is confirmed, that will become almost impossible to do any time soon.

So the objective is as follows: Delay a vote on Kavanaugh until

  1. enough nervous Republicans pull away to deny him confirmation;
  2. the mid-term elections can intervene and Kavanaugh can no longer be confirmed;
  3. both.

That is why Charles Schumer now wants both the hearings and the vote delayed until the FBI probes the allegations levelled by Christine Ford. Because the FBI will never do that, and Schumer knows it – and thus, neither the hearings nor the vote will ever happen. That is the whole game here:

The FBI doesn’t conduct criminal investigations into nominees, especially not into an alleged incident that would not have been a violation of a federal statute. State law would be at issue. That’s why the FBI responded to Ms. Feinstein’s statement last week by saying it had no plans to conduct a criminal probe and merely added Ms. Ford’s letter to Judge Kavanaugh’s background file.

The purpose of a background check is to interview people about the character and qualifications of a nominee. The FBI makes no judgments about the veracity of the people it interviews, and its role isn’t to issue a judgment about the nominee. The FBI simply compiles information that is then submitted to the White House.

If the nomination is for a judgeship confirmable by the Senate, then the White House will forward that information to the Senate Judiciary Committee. If there is an allegation of some kind, the Senate staff will typically follow up with the accuser and the nominee and present the information to Senators, who then make their own judgment as part of their advice and consent power.

The preposterous circumstance in this case is that Senator Feinstein withheld Ms. Ford’s accusations for six weeks from Republicans and the White House. Ms. Feinstein could have turned over Ms. Ford’s letter to the FBI immediately, yet now Democrats are demanding a further delay so the FBI can do what the Senators can do for themselves—which is to interview the nominee and his accuser.

Republicans have invited Mr. Kavanaugh and Ms. Ford to appear on Monday, Mr. Kavanaugh says he’ll show up anywhere or anytime to deny the accusation. Yet by our deadline Tuesday Ms. Ford’s lawyer was still declining to say if her client would appear. Democratic staffers were also refusing to cooperate with Republicans on a schedule to conduct phone calls with Ms. Ford, Judge Kavanaugh, and any relevant witnesses. Such follow-up phone calls are standard procedure after an FBI background check has been completed.

All of this underscores that the main Democratic goal is to delay a confirmation vote past the November election. That would spare Democrats running for re-election in Donald Trump states from having to take a difficult confirmation vote. If Democrats take the Senate majority, they’ll then insist on no vote until the new Senate convenes in January.

 

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Democrats will never, ever, be satisfied on this matter, precisely because they refuse to be satisfied. The FBI is not going to say Brett Kavanaugh broke federal law, and because of that, Schumer will say Ms. Ford has been denied justice and therefore Democrats must take up her cause by denying Kavanaugh confirmation.

If Ford doesn’t testify – and it appears as of now she is inclined not to – we will be told she was threatened and intimidated and thus denied her right to be heard. If she does testify and comes off as not being credible, we will be told that ghastly Republicans treated her badly. If she comes off as lucid, she’ll still be telling a tale she can’t prove and Kavanaugh’s denial will result in everyone choosing the side dictated by their partisan inclinations.

There is no way to vindication for Kavanaugh here, regardless of how nonexistent Ford’s evidence is. The very fact that she’s made the allegation is enough for partisan Democrats to demand no vote on Kavanaugh can ever be held – not when “he is under such a cloud of suspicion.”

A cloud they created based on nothing.

The only proper response from the Republican majority? Call the vote immediately and confirm Brett Kavanaugh’s nomination to the Supreme Court, and let Democrats know this kind of garbage will never be rewarded.


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Dan Calabrese -- Bio and Archives | Comments

Dan Calabrese’s column is distributed by HermanCain.com, which can be found at HermanCain

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