confirmation hearing

A Brief Sketch (Not Quite Caviar)

#nihil | #WhatTheyVotedFor

U.S. Sen. Jeff Sessions (R-AL), January, 2014. (AP Photo)

We should probably sketch this detail of the cycle:

• Press Secretary defends Attorney General:

Sessions called the report “false” in a statement last night, saying he “never met with any Russian officials to discuss issues of the campaign.” He repeated this morning that he would recuse himself wherever it is appropriate to do so.

However, Spicer said that would not apply in this case.

“There’s nothing to recuse himself [from]. He was 100% straight with the committee,” said Spicer, adding that Democrats should be “ashamed of themselves” for playing “partisan politics” on this issue.

(FOX News)

• President defends Attorney General:

President Trump defended Attorney General Jeff Sessions on Thursday night, insisting that the former Alabama senator “did not say anything wrong” amid swirling criticism over his testimony earlier this year about contacts with Russian officials.

Trump appeared to be referring to Sessions’ statements before the Senate Judiciary Committee during his confirmation, when Sessions said he had not spoken to Russian officials. It was revealed this week that Sessions twice spoke with Russia’s ambassador to the U.S. last year.

“Jeff Sessions is an honest man. He did not say anything wrong,” Trump said in a statement posted on Facebook. “He could have stated his response more accurately, but it was clearly not intentional.”

(Greenwood)

• The Attorney General runs to FOX News for a friendly interview:

Sessions explained that the question he received from Sen. Al Franken (D-MN) at his January confirmation hearing focused specifically on whether he had spoken with Russia continually about the presidential campaign. While Sessions has now admitted he met twice with the Russian ambassador last year, he said they did not have any such conversations about political campaigns.

Why, though, Carlson wondered, did former National Security Adviser Michael Flynn’s own Russian scandal not raise any red flags with him? After all, Flynn was eventually pressured to resign.

“It was never a thought,” Sessions insisted. It was “unrelated.”

The Russian officials and any one else in the room at the times of his meetings would corroborate that he “did not say one thing that was improper.”

(O’Brien)

(more…)

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The Republican Message

"Meet Merrick Garland" ― Detail from screenshot of GOP.com.

Let’s talk about messaging.

Okay, we get that President Obama is the big bad villain and all that, but am I the only person who noticed that the GOP “oppo dump” against Judge Merrick Garland, besides being utterly flaccid, is filed under “Hillary Clinton”?

(sigh)

Here. Consider this note, please, from Greg Sargent, offered a couple days before the president nominated Judge Garland:

Republican operatives will “vet that person and put their real record on display.” Ideally, of course, this is what would happen if the Senate were to hold hearings on that person. But that might afford the nominee a chance to directly respond to his or her Republican cross-examiners in a high profile setting (as opposed to only having Democratic groups mount all the pushback, which of course they will also do, once there is a nominee). Direct exchanges between the nominee and Republican Senators, alas, might reflect well on that person. And so the only “vetting” and examination of the nominee’s “real record” will be undertaken through the RNC and associated GOP-aligned groups.

That’s not meant as sarcasm. It’s the actual Republican party-wide position right now. Remember, Senate Republicans themselves have told reporters that they don’t want to hold hearings explicitly because it would risk drawing the wrong kind of media attention to the nominee, thus making it harder politically for GOP Senators — particularly vulnerable incumbents facing reelection in states carried by Obama — to oppose that person later.

It also seems a good time to reiterate Stuart Rothenberg’s recent reflection on this year’s U.S. Senate races. No, really. Trying to tie it all together is an exercise in futility, because it’s almost like a harm reduction scheme implemented in advance of scheduled self-harm. And, yes, that sentence is supposed to read so ridiculously; that’s kind of the problem.

____________________

Image note: Detail of screenshot from GOP.com, taken 19 March 2016.

Republican National Committee. “Meet Merrick Garland”. GOP.com. 16 March 2016.

Rothenberg, Stuart. “Dem Senate Takeover Probable, If Cruz or Trump Nominee”. Rothenblog. Roll Call. 13 March 2016.

Sargent, Greg. “In Supreme Court fight, Republicans lead with their chins”. The Washington Post. 14 March 2016.

Not About Anything But Democrats, According to Republicans

Judge Merrick Garland of the U.S. Court of Appeals is introduced as a Supreme Court nominee, at the White House Rose Garden in Washington, D.C., 16 March 2016.  (Detail of photo by Kevin Lamarque/Reuters)

“Naturally, I would like to have him treated fairly, but a lot depends on who’s elected, a lot depends on who’s going to be president.”

Sen. Orrin Hatch (R-UT)

Via Reuters:

Two key U.S. Senate Republicans signaled they would be open to considering after the Nov. 8 presidential election President Barack Obama’s Supreme Court nomination of Merrick Garland, the centrist judge who was set on Thursday to begin meeting with senators.

The comments by Utah’s Orrin Hatch and Arizona’s Jeff Flake, members of the Judiciary Committee that would hold any confirmation hearings, came a day after Obama nominated Garland to the lifetime position on the high court to replace conservative Justice Antonin Scalia, who died on Feb. 13.

Senate Republican leaders have vowed not to hold confirmation hearings or an up-or-down vote on any Supreme Court nominee put forward by Obama, whose term ends in January. They want the next president to make the selection, hoping a Republican wins November’s election.

Flake said while Republican leaders were “fully justified” in delaying action on confirmation, if the Republicans lose the White House race the Republican-led Senate “ought to look at this nomination in a lame-duck session in November.”

And while it’s true that something goes here about the futility of predicting conservative behavior, it’s worth reminding that part of the reason for this is that even Republicans aren’t paying attention.

This is the problem: They’re not even trying.

(more…)

A Rumor of Judicial Infamy

Rep Trey Gowdy (R-SC04), chair of the House Select Committee on Benghazi Conspiracy Theories. (Photo by Pablo Martinez Monsivais/AP).

“For politicians, the life of a federal judge isn’t viewed as being as attractive as it used to be. The confirmation process is excruciating and caseloads are up. Members realize that it’s just lore these days that the bench is a form of easy living, and besides they can make much more money becoming lobbyists.”

Russell Wheeler

This is not a random question: Can you imagine how contentious would be the filibuster of and confirmation hearing for federal judicial nominee Trey Gowdy?

No, really, just stop and think about that for a moment. U.S. District Court Judge Trey Gowdy.

Perhaps the question might occur to wonder why we might propose consideration of such an infamy visited upon the proposition of American justice. David Hawkings of Roll Call offers some thoughts at the intersection of Benghazi Select Committee Chairman Rep. Trey Gowdy (R-SC04) and Justice.

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Image note: Rep Trey Gowdy (R-SC04), chair of the House Select Committee on Benghazi Conspiracy Theories. (Photo by Pablo Martinez Monsivais/AP).

Benen, Steve. “When even ‘definitive’ isn’t good enough for the House GOP”. 25 November 2014.

Hawkings, David. “House Conservative Favorite Eyes Unusual Career Switch”. Hawkings Here. Roll Call. 15 November 2015.

What They Voted For

TedCruz-bw-banner

One of the hammers that has yet to drop after the 2014 GOP midterm victory is the obvious question:

Top Republicans want Loretta Lynch’s nomination to be attorney general delayed until they are in charge of the Senate — and they are insisting she divulge whether she supports the president’s plan to act without Congress on a major immigration amnesty.

Soon-to-be Senate Majority Leader Mitch McConnell of Kentucky issued a Friday statement saying her nomination should be considered “in the new Congress,” and on Saturday, Sens. Ted Cruz of Texas and Mike Lee of Utah also pushed for a delay.

Cruz and Lee issued a joint statement highlighting their demand Lynch divulge her thoughts on whether an executive amnesty would be constitutional.

“President [Barack] Obama’s Attorney General nominee deserves fair and full consideration of the United States Senate, which is precisely why she should not be confirmed in the lame duck session of Congress by senators who just lost their seats and are no longer accountable to the voters. The Attorney General is the President’s chief law enforcement officer. As such, the nominee must demonstrate full and complete commitment to the law. Loretta Lynch deserves the opportunity to demonstrate those qualities, beginning with a statement whether or not she believes the President’s executive amnesty plans are constitutional and legal.”

(Dennis)

It is not as if we should be surprised; they told us before the election. Even the Speaker of the House is on board with the suggestion that a lame-duck congress should walk away from its duties, even with a war on the line.

(more…)