A Rumor of Judicial Infamy

“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.

Chairman Trey Gowdy

“I would say in some ways these have been among the worst weeks of my life. Attacks on your character, attacks on your motives, are 1,000-times worse than anything you can do to anybody physically―at least it is for me.”

―Rep. Trey Gowedy (R-SC04)

The first point, to wonder what it is Mr. Gowdy, the chair of the House Select Committee on Benghazi, thinks he is doing to former Secretary of State Hillary Clinton, should meet resistance; set that urge aside. There is a lot going on, here. Rachel Bade of Politico hopes to explain:

Gowdy says the specifics of his rebuttals don’t matter; he feels he “just can’t win.

“I think that’s just [the Democrats’] MO: If you can’t attack the facts, you can attack the investigators … just attack, attack, attack and something will take hold,” he said. “[A]t some point, maybe something will stick, or maybe you get them off track or you get them to do or say something stupid, then you can seize on that.”

He also lays some blame at the media’s feet, arguing they’re too quick to report Democrats’ accusations without checking the merits, or the story of an ex-committee staffer who accused the panel of focusing on Clinton.

“You can work your entire career to have a reputation, and then someone you have no recollection of ever meeting sits down with a reporter and you’re immediately in a position of having to defend and it’s impossible to prove a negative,” he said.

This is a basic political maneuver very much associated with Karl Rove: Assign your greatest weakness to your opponent. With Republicans, it has pretty much become a tell: “I mean, honestly,” Gowdy complained of Huma Abedin’s testimony, “have you ever heard a more absurd critique than leaking the fact that one of the more recognizable people in the world was coming to Capitol Hill?”

This is a problematic complaint. Trey Gowdy is simply not an honest man.