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SEPTEMBER 27,  2018

AFTERMATH – It has been one of the most exhausting journalistic days that I've seen in recent years, maybe the most exhausting.  I've gotten a number of emails from readers saying they are emotionally spent.  In the morning our side lost hope when Professor Christine Ford gave a credible, essentially dignified presentation of her charges against Judge Kavanaugh, while Republicans surrendered the field and barely responded or challenged anything that was alleged. 

And yet, that flipped quickly in the afternoon when Judge Kavanaugh himself took the witness chair and fairly roared his reply to Professor Ford.  We had a voice, and I sometimes felt he was not only defending himself, but leading the Republican Party.  At the end of the day, I think most of us believed we had a good shot at defending the judge.

It was also a day when Lindsey Graham became a great United States senator, in a memorable, powerful statement denouncing the unfairness of the entire process that had been hurled at Judge Kavanaugh.

The latest:  The Senate Judiciary still has a vote scheduled for 9:30 tomorrow (Friday) morning.  The Democrats are solidly against the judge.  The Republicans are almost solidly in favor.   Retiring Senator Jeff Flake of Arizona still will not commit.  His vote is needed to give Judge Kavanaugh a positive committee recommendation to the entire Senate.  However, please note that a negative vote in committee does not kill the nomination.  The full Senate can take it up anyway and vote either to confirm or reject.

Senator Bob Corker, retiring Republican from Tennessee, has announced he will vote in favor of Kavanaugh.  Senator Doug Jones, the new Democratic senator from Alabama, has announced that he will oppose.  That may cost Jones, who is filling out the term of Jeff Sessions, who left the Senate to become attorney general.  Jones must run for a full term in 2020, in a very conservative state.  I don't understand why he's voting against Judge Kavanaugh. 

There are indications that Dem Senator Joe Manchin of West Virginia will vote yes, but there are no hints from any other Democrats that they will defect to our side.  The big questions surround Republicans Susan Collins of Maine and Lisa Murkowski of Alaska.  If they decide for Kavanaugh, the judge may be a safe bet for confirmation.  If they decide against him, the outcome may be more uncertain.   

Get up early.  Committee vote is next.

WELL, WELL, WELL, WHAT A SURPRISE! – AT 8:05 P.M. ET:  My great fear was that Brett Kavanaugh would be weak and accommodating in his testimony today.  He was not.  Clark Kent had gone into the booth and come out as Superjudge.  He was tough, he was blunt, he was impassioned, and he put on a take-no-prisoners defense that stunned the room, and reportedly thrilled the White House. 

He did not try to knock down Professor Ford's claim that she'd been sexually assaulted.  He put on a detailed, persuasive denial that he was the perpetrator.  He also went full blast at the Democrats on the committee, charging them with turning the confirmation process into a national disgrace.  I've never seen senators attacked that way by a nominee.  Of course, they've all announced they would vote against him anyway. They deserved what they got. 

Kavanaugh's emotionally charged presentation was just what was needed to bring Republicans on the Judiciary Committee alive.  Bringing Republicans alive is sometimes biologically impossible, so this was a major event.  And the star was Lindsey Graham, who tore into the Democrats the same way that Joseph Welch, back in 1954, tore into Joe McCarthy.  He shamed them for what they had done to Judge Kavanaugh and his family. 

The entire atmosphere of the hearing changed with Judge Kavanaugh's make-or-break performance.  Republican pessimism turned to optimism.  The president signaled his immense pleasure.  The momentum is with the judge, but I caution that, in this tumultuous contest, things can change quickly.  A committee vote on the nomination is scheduled for tomorrow morning.  If Kavanaugh clears the committe, a vote would soon follow in the full Senate. 

DULL – AT 2:30 P.M. ET:  We haven't published yet today because I'm watching the very disappointing Kavanaugh hearings, and will report in detail later, after Judge Kavanaugh testifies.

I say "disappointing" because the appearance of Professor Christine Ford was anticlimactic.  As one commentator noted, she added nothing to her story.  The chosen Republican questioner, Rachel Mitchell, a sex-crimes prosecutor from Arizona, was entirely too soft and sympathetic, and rarely got to any relevant issues.  The Republican senators were meek, apparently afraid to go after Ford and appear to be attacking a woman.

Ford herself was dignified and "credible," whatever that word means in these circumstances.  Some say Mitchell didn't lay a glove on her, but whatever glove Mitchell was wearing was too padded to do any damage.

A very frustrating session.  It is up to Brett Kavanaugh to defend himself.  He did poorly in a Fox interview earlier this week, coming off as weak and lackluster.  That must not happen again this afternoon.

Stand by.   

September 27, 2018       Permalink

SEPTEMBER 26,  2018

SHORT TAKES ON THE DRIFTING WRECKAGE – AT 11:55 P.M. ET: 

SHOWTIME – Get out your old video disks of "High Noon," for it's about to happen in Washington...although there's no Gary Cooper.  We're only hours away from the Great Confrontation between Judge Kavanaugh's main accuser, Professor Christine Ford, and Kavanaugh himself.  Serving in supporting roles, but still eligible for Oscars, are members of the Senate Judiciary Committee and assorted lawyers of varying ethics and quality.  Book contracts will be negotiated.  But the whole thing is a sad spectacle, and a disgrace to our democracy.  What should have been a routine confirmation hearing for Judge Kavanaugh has been turned into a clear, blatant attempt to destroy him and his family.  It has also turned into a frightening attack on decent, democratic standards, with presumption of innocence relegated to the junkyard of history.  That's just fine with the radical leftists who have taken over the Democratic Party, and equally fine with the left-wing press.  Their commitment to basic freedoms has been in doubt for years.

I JUST CAN'T WAIT – FROM AP:  LOS ANGELES (AP) — Last season's short-lived "Roseanne" revival blew an air kiss to President Donald Trump in its debut episode before it reverted to finding laughs in family and working-class woes, not politics. Expect "Murphy Brown," another reborn 20th-century sitcom, to be consistently faithful to its own roots.  Washington tumult, social issues and the role of journalism will be central when the sitcom starring Candice Bergen as a tough TV reporter returns 9:30 p.m. EDT Thursday on CBS, said creator and executive producer Diane English.  The series is "here to make some noise," English said in an interview, sketching out a few of topics to be featured in the season's 13 episodes: "We're doing an immigration episode, we're doing a midterm-elections episode. We're doing a Me Too episode," she said.  Isn't that just swell?  Mark your calendar.  Be sure to be out that night.

WHAT THE HELL IS THIS? – FROM COLLEGE FIX:  Move over, “diversity,” there’s a new buzzword in town.  “Inclusive excellence” is a rising concept on many college campuses. Where “diversity” has reigned on campus for many years, this new term reflects a broader ideology now flourishing in higher education.  In a recent article, The Chronicle of Higher Education takes a look at this phenomenon through the lens of two “vice presidents” of “inclusive excellence” at their respective institutions. Fanta Aw, who was recently promoted to the position of vice president for campus life and inclusive excellence at American University, told The Chronicle that her role resembles that of a “conductor” of diversity issues on campus.  According to The Chronicle: “The person in charge of inclusive excellence at an institution may be held accountable for the retention and graduation rates of diverse students, retention of diverse faculty and staff members, and the integration of the principle into teaching, research, and classroom climate:”  I can't wait to be treated by a doctor who's a product of inclusive excellence.  I'll show him where the lungs are.

September 26, 2018        Permalink

ECONOMY ROARS – CONSUMER CONFIDENCE HITS A MAJOR HIGH – AT 1:52 A.M. ET:  The economy continues to produce good news.  We haven't seen numbers like this in years.  From MarketWatch: 

Consumer confidence in the U.S. is close to an all-time high.

The numbers: Americans are the most confident in the U.S. economy in 18 years and the level of optimism is not far from an all-time high, a closely followed survey shows.

The consumer confidence index climbed to 138.4 in September from a revised 134.7 in August, the Conference Board said Tuesday.

That’s the highest level since September 2000 — near the end of the Internet boom. It’s also close to the record peak of 144.7 set in May of the same year.

What happened: The present situation index, a measure of current conditions, edged up to 173.1 from 172.8. The future expectations index jumped to 115.3 from 109.3.

Americans expect business conditions to improve, and they say plenty of jobs are available. They also think their own finances will get better with incomes rising.

Big picture: The economy is still growing rapidly more than nine years after the end of the Great Recession. Even a widening trade rift with China, the imposition of tariffs and a Federal Reserve bent on raising U.S. interest rates have done little to slow the economy down.

COMMENT:  This with a midterm election barely more than a month away.  It should help the Republicans, but voters are fickle.  It will, though, give Republicans something to cheer about.

September 26, 2018       Permalink

PILING ON – AT 1:18 P.M. ET:  Sorry we're a little late today.  I've had to catch up on all the Kavanaugh news this morning, and wanted to be sure I knew enough to be coherent.

So, this is what we have:  A new accuser has stepped forward, a client of that wise and modest lawyer, and counsel to Stormy Daniels, Michael Avenatti.  From Mediaite:

Attorney for Stormy Daniels, Michael Avenatti, earlier this week, claimed to have a client with a third allegation against Supreme Court nominee Brett Kavanaugh. He made the announcement, and tweeted lurid accusations, without offering the identity of the client or any evidence.

Today, Avenatti tweeted a name and photo of that client, along with screenshots of email correspondence and a sworn statement from her laying out her allegations.

Here is a picture of my client Julie Swetnick. She is courageous, brave and honest. We ask that her privacy and that of her family be respected.

In his tweet that included the email screenshots, Avenatti asserted that Kavanaugh’s nomination must not go forward without more investigation of the claims.

Below is my correspondence to Mr. Davis of moments ago, together with a sworn declaration from my client. We demand an immediate FBI investigation into the allegations. Under no circumstances should Brett Kavanaugh be confirmed absent a full and complete investigation. pic.twitter.com/QHbHBbbfbE
— Michael Avenatti (@MichaelAvenatti) September 26, 2018

Paragraph 13 of the sworn statement has the specific personal allegation.

In approximately 1982, I became the victim of one of these “gang” or “train” rapes where Mark Judge and Brett Kavanaugh were present. Shortly after the incident, I shared what had transpired with at least two other people. During the incident, I was incapacitated without my consent and unable to fight off the boys raping me. I believe I was drugged using Quaaludes or something similar placed in what I was drinking.”

COMMENT:  Obviously, a very serious allegation.  The accuser this time is apparently a US Government employee with multiple security clearances. 

Once again, the last-minute charge.  Once again, no specific evidence.  And...once again, a charge relating only to activity in high school.  In fact, all the charges against Kavanaugh apply to things that allegedly happened during school.  That baffles me.  Was he a bad guy in high school and college, and then became a pristine person as soon as he moved the tassel from one side to the other?  Doesn't seem likely.

But this latest charge is another brick on the load.  Democrats are demanding full investigations.   Up to now, Chairman Grassley is insisting that the current schedule go ahead.  Professor Ford, last week's accuser, is scheduled to testify tomorrow, with Kavanaugh replying.  This could change by the hour.  Stand by.

September 26,  2018    Permalink