Has Bret Kavanaugh’s Loyalty Been Purchased by Donald Trump?

To understand Donald Trump is easy. Think “what does Trump want?” That is always his motive. Trump never has a thought to pay or be kind to others unless it can benefit the Trumps by at least 3 to 20 times the amount paid.* Right now, all Trump wants is to keep the money he has illegally made by selling favors and access to the US president. This is the ultimate swamp master president in action. So what’s really going on here? Consider that there may be more to Kavanaugh’s nomination than meets the eye and gets airtime on Fox News. 

kavanaugh.jpg#1 Senator Richard Blumenthal’s lawsuit against Trump alleging Trump’s private business is violating the Constitution got traction from our current justice system and will proceed against him. The Trump’s stand to lose a billion dollars if the Supreme Court rules for the American people. ( That’s you and me by the way, regardless of what side you say you are on.) Trump will happily find a way to pay 5% of that to Kavanaugh to be the swing vote to overrule any such actions against him. A 5% commission is a low standard in the world of bribes. That’s 50 million dollars. And they know how to pay Kavanaugh so it does not show up as a bribe because we don’t carefully observe Trump’s foreign bank accounts. That’s what he has Wilbur Ross for as well. ( And yes, that’s fodder for another article. But we have to start policing foreign bank accounts in all politicians or there will always be these types of crimes. ) 

I am sure Kavanaugh knows if he benefits Trump there will be a payoff somewhere,  somehow. It may be an unspoken tacit understanding. “Loyalty has its rewards” is all that needs to be conveyed. That can be said legally, even to an aspiring judge.

The problems for the American people with this sort of thing go beyond just being robbed by those at the top. It also means that justice can now be bought for certain parties, but not all. It means there is no equal protection under the law. It means there is no justice here in the USA. I can’t think of anything more swampy and less democratic than that. It’s how oligarchies operate, not democracies

Kavanaugh appointment would also make justice appear to be skewed or fixed. Please take a look at  this albeit sarcastic post by Andy Borowitz: Nation’s Criminals Ask for F.B.I. Investigation Kavanaugh Just Got

https://www.newyorker.com/humor/borowitz-report/nations-criminals-ask-for-fbi-investigation-kavanaugh-just-got

The FBI investigation was intentionally limited by our president. That is plain truth by now. I don’t think the reason we don’t want Kavanaugh to ascend to a SCOTUS chair is his drinking problem as a young man. I find it more compelling that Kavanaugh does not admit he once had that problem and says “I still like beer”. Apparently he thinks everyone likes beer or should. So yes, maybe he did this thing while he was drunk and can’t remember. And maybe Kavanaugh still has that drinking problem. It sure looked that way to me. Did it look that way to you? (Pardon the pun.) 

#2 There are other highly suspicious reasons that Trump chose Kavanaugh. Natasha Bertrand of the Atlantic has written about a case called “Gamble vs. the United States”. It will be soon be referred to the Supreme Court. 

Terance Martez Gamble was convicted of robbery in Alabama in 2008. Found guilty, he could not legally own a firearm.  Seven years later, police found a gun in his car after pulling him over for a broken taillight. Both state and federal prosecutors charged Gamble with the same offense. He was a criminal in possession of a firearm, which automatically resulted in an extension of his prison sentence. He has repeatedly appealed, arguing that the dual convictions, state and federal, violate the double-jeopardy clause.

If Gamble prevails, it means that Trump’s pardons of cronies for federal crimes can extend to pardon the his cronies for state crimes. And that means that Trump can pardon Manafort and Cohen for all their crimes, and the states can’t do anything about it. And that is a real problem for justice. And Kavanaugh is admittedly in bed with Trump. He certainly has angst against the Democrats. He said so. So do the math. These players already have. 

#3 Then there is the fact that Kavanaugh has already stated that he believes a president should not be challenged for any crimes while he is president. And then we know that the Trump’s have been implicated in tax fraud schemes. So Trump has a lot of reasons to want Kavanaugh on his bench, which brings me to the point on this article. 

If a SCOTUS judge is chosen by Trump, a president who is now officially under investigation for potential crimes against the United States, that same SCOTUS judge should recuse himself from weighing in on any decisions that can reasonably be construed to benefit Trump. He should do that for the obvious reasons that justice must at least look like justice to the people or they will not accept it. And we should insist on this because absolutely no one can be allowed to choose and potentially pay off his own judge. No one can be above the law in a democracy. 

There’s a lot to consider here. And all this leads me to believe the FBI report, while it was a needed pause to calm a hot situation, was done to give the GOP cover to vote for Kavanaugh.  It also served as a distraction from the real reasons Americans should not want Kavanaugh to become a Supreme Court Justice.

Kavanaugh could convince me his loyalty was not promised to Trump by simply recusing himself from all things Russia, Mueller and Trump. He has not done this. Therein lies the real issue with Bret Kavanaugh’s nomination. A president under investigation should not be allowed to choose a SCOTUS judge. It feels like the fix is in and that is exactly what Trump’s base wanted to avoid when they voted against Hillary. Right?

Is The Fix Is In?putin-hockey

Listen to what Putin said at a USSR hockey game to our CBS reporter. He said with an undeniable smirk “Trump is acting in accordance with his own government”.

 It’s as if he said “whatever you see Trump do for himself, it’s legal – like it or not”. 

https://www.youtube.com/watch?v=T1NKWYepioA   May 10th, 2017. Putin speaks about the firing of James Comey.  Please watch this. 

If you read between the lines, Putin’s statement seems to be about Comey’s firing but the undercurrent is about some sort of struggle Trump is having with his own government. Putin is saying, in effect, that Trump would prefer not to have an adversarial US government to deal with – (the way Putin has it in Russia as an elected dictator), but that he is not breaking any US laws. He is in accordance. So it’s all OK. This is exactly how Putin took control of his government! The logical conclusion is: they are both trying to use our laws, to make Trump/Putin the czars of planet earth. And Putin is coaching Donald Trump for sure. 

*Why that 3 to 20 times number?  I heard similar numbers from my father as a young man. It’s an old school New York City depression survivor businessman’s philosophy. My dad called it “make and take” which meant if someone made money for you, you paid them from 5% to 33% of the money they made for you and they will do it again for you. 

 

 

 

 

 

 

 

 

Take Heart American Women. Kavanaugh Can Be a Two-Year SCOTUS. How FDR Would Have Handled This.

4-horesemenTake heart American women and men of good conscious. This is how FDR would have handled the same basic problem we have today. We CAN DO THIS too! Just make sure you VOTE OUT EVERY GOP politician at every level of this government next month. They deserve to be completely rebuked.

Then, when we regain the executive branch, and that is certainly coming now, we can do this. Kavanaugh can be impeached or his weight diluted by adding two justices. Two ways to deal with this.

And yes, we do fear that becoming a dictator may be what Kavanaugh is all about. However, there is NO LAW stating it has to be 9 JUSTICES! It can be 11 just as easy, and in fact, more is better in this case. The GOP has forced us to do this with their heartless ramrodding of laws and tax breaks for the rich that the MAJORITY of Americans DO NOT WANT!

The “Four Horsemen” was the nickname given to four conservative members of the US Supreme Court during the 1932–1937 terms. They consistently opposed the New Deal agendas of President Franklin Roosevelt. They were opposed by the more liberal “Three Musketeers”.  Chief Justices Charles Hughes and Justice Owen Roberts controlled the balance, making the nine.

In the 1935 term, the Four Horsemen, together with Roberts and Hughes, voided the Agricultural Adjustment Act of 1933 along with the Federal Farm Bankruptcy Act, the Railroad Act, and the Coal Mining Act. Americans were suffering from the Depression and needed the help FDR wanted to create.

The result of this dynamic was a steady drift towards crisis with the Court. The 1935 SCOTUS was labeled by Justice Stone as “one of the most disastrous courts in US history”. New Dealers decried the Court’s actions promoted an “economic dictatorship”.

It was the Horsemen striking down FDR’s New Deal legislation that led FDR to announce a unique court-packing scheme, a proposal made in February 1937 to just appoint more Justices in order to change the composition of the Court. There was (and still is) nothing in the Constitution that says it has to be nine justices. Soon after FDR’s strategy was announced, it was rendered unnecessary when Justice Roberts, who had supported the Four Horsemen on several decisions during the 1935-36 term, sided with the Three Musketeers in a landmark minimum wage case in March 1937. The court balance literally changed in under 30 days – and America was saved.

FDR was a warrior, willing to do think outside-the-box to fight for democracy. FDR’s creative strategy made the Four Horsemen’s union seem doomed, and they buckled to public pressure. That lesson must be re-learned right now.

We have to begin to tell the GOP and ourselves that American Democracy will prevail regardless of how the SCOTUS appointment goes – or does not go. If we take back both houses, we can make it ten or even eleven justices. Nine is not in the Constitution. It’s totally up to Congress! Welcome back Merritt Garland! And if it takes FDR’s court-packing idea to reset democracy, we should start talking about that ASAP for good reasons.

First, FDR’s court-packing idea provides hope for people on the right side of history and will help bring them to the polls. Nothing is worse than despair to make voting seem like a waste of time. But it also promotes a sense of impending doom for those on the wrong side of history. If regardless of what the GOP does now to break the USA, (Gerrymandering, tax breaks for the rich, tariffs, breaking health-care, stoking racism, polarizing us, working with our enemies, etc.) it can be undone in a Democratic Congress, the GOP will get the message that maybe they should not make themselves look so bad for trying. We may even influence people to break ranks with Trump if they know their actions are ultimately doomed.

And of course, in a Democratic Congress Trump will become as malleable as Silly Putty. It’s clear his only MO is self-preservation, and we will hold all the prosecutorial cards when we control both houses. So I can see him flipping on the GOP to save his hide if we take back Congress. Everything really depends on that.

Spread this memo around in your own way, please. It’s a bit of a history lesson, but it teaches us what has been necessary to defend democracy and that what we are experiencing today is not really new.

Also, note. Though the Four Horsemen ultimately broke ranks, they did so only after FDR made it clear he would pack the court to defend democracy. That’s when they realized they were wasting their time. And that’s when they quit. The same can happen now. The GOP must be made to know this – they cannot overrule the will of the American majority.

So let’s start talking about ten and even eleven justices if the GOP is bent on ramming its unpopular agendas down our throats. 

Tuesday, November 6, 2018 is America’s new Independence Day. Be there!

 Joseph Aronesty

7/2/18