Tuesday, July 10, 2018

What Does Kavanaugh Know?

The question that everyone is asking is what Judge Kavanaugh knows about why he was selected regarding his paper on presidential investigations.  In essence, the question is whether Trump is ham fisted enough to mention it when speaking with him before nominating him. I would be surprised if Trump made the mistake again that he made with Comey about asking for loyalty, although if he did, I would hope the Judge would disclose.  I doubt that someone who worked in the Bush White House would have personal loyalty to Donald Trump, who defeated JEB (John Bush) in the primaries. Bush inspires loyalty, he does not demand it.

The next queston is about abortion. Modern justices who come from good law schools, like Yale, are well schooled in the logic of Roe v. Wade.  That kind of education makes ovetruning both federal supremacy and privacy, which are the basis of the decisoin, rather unlikely.  Additionally, he worked under Kennedy (like Gorsuch), who is the master of the abortion middle. He may have been the hand picked successor and, regardless of what either says about the issue, neither Bush nor Trump are particularly pro-life. Indeed, because he likely had a role in picking both Chief Roberts and Justice Alito, both of whom voted with Kennedy on Gonzalez v. Carhart, the parital birth abortion case, in not oveturning Roe, we can guess that Kavanaugh probably has the same views.  This nomination is great for stoking both the pro-life and pro-choice bases and gives thos of us write about abortion an excuse to write copy, but it won't lead to any change in Roe. Indeed, it is likely the death of the issue.

The last question is much more serious and must be asked. There is no way Kavanaugh and it could sink his nomination if it is raised and he does not have a very good answer.  The question is Iraq, specifically, whether Kavanaugh knew about the activities of Vice President Cheney and his staff regarding the legal issues on torture.  Barton Gellman, who wrote the book Angler, may have some insight on this, but Judge Kavanaugh must be asked directly. Bob Woodward might also know something, but what Kavanaugh knows and what he did in those days is of vital importance.