Showing posts with label Hillary's judges. Show all posts
Showing posts with label Hillary's judges. Show all posts

June 16, 2018

"And I remember at that point saying, well, you know, thank you very much kind of thing, and he sort of continued chatting and, and said, and made a comment about his travels he was headed on."

"And I said, well, we’ve got to get going to the hotel. And I said I’m sure you’ve got somewhere to, to go. And he said yes. And I forget where he told me he was going. He was flying somewhere, but...I’ve forgotten where. He said I’m going to wherever I’m off to. And then he made some comment about West Virginia. And I do not know if he was headed to West Virginia. I just don’t know...if that was the reference to it. And he made a...comment about West Virginia and coal issues and how their problems really stem from policies that were set forth in 1932. And he talked about those policies for a while. And, and I said, okay, well."

I have read part of the IG's report. I read pages 202 to 211, about Bill Clinton's weird, extended intrusion onto Loretta Lynch on the tarmac in Phoenix on June 27, 2018. Could you please read that section and tell me what you think Bill Clinton was doing and the extent to which Loretta Lynch understood it and when in the 20 minutes or so she realized it was a problem?

The Executive Summary (page v) says "we found no evidence that Lynch and former President Clinton discussed the Midyear investigation or engaged in other inappropriate discussion during their tarmac meeting" but there was "the appearance problem" and Lynch made "an error in judgment" by not "tak[ing] action to cut the visit short."

We could talk about how narrowly the statements in the Executive Summary are framed. There's a lot of talk of finding no evidence, often tied to a particular issue, like whether Lynch and Bill Clinton discussed the Midyear investigation or another topic that they shouldn't have discussed. But I'd like to talk about the evidence that that the IG did find and the inferences that can be made from that evidence. There is a lot of evidence on pages 202 to 211, and I wish you'd read it before I tell you the inference that came through loud and clear for me.

My inference, from the evidence, is that Bill Clinton intended to cause Loretta Lynch to believe that she would be shown favor in a Hillary Clinton administration and to think that she was a front runner for the empty Supreme Court seat. Bill did not need to talk about the Midyear investigation. In fact, he needed to avoid it as he made himself at home on the plane, sitting down and staying far too long. In this interpretation, talking about the grandchildren made sense...
Well, after he was sharing with us his story about how...they introduced the two grandchildren to each other, which involved a toy...and that was green, and just, again, the family issues...
... because it created an aura of friendly closeness — a toy... that was green — and was meant to lodge in her mind that she was indeed a good friend of Bill and Hillary Clinton's.
At some point, after two or three minutes, President Clinton turned around. I had my tote bags on the bench seat of the plane, because I had put them there when he came on board. I had been holding them. I put them down. He picked up my tote bags and moved them, and then he sat down. So he sat down, and my husband and I were still standing in front of him having the discussion. And...he sort of sat heavily, and...I didn’t know...how he felt, so I can’t say one way or the other. But he sat down and started talking about, you know, the grandkids and how they introduced them to each other. And so, and ultimately, because this went on for a little but, my husband and I sat down also, and, you know, had that discussion about his family and the kids[.]
He moved her tote bags! He used bodily movements to convey the idea that this is a sit-down session that is going to last, to draw her close and give her time to feel that something will come her way if she returns the good, warm, close feelings. I don't know if she ever got the idea: He's trying to say without saying that I will get the Supreme Court nomination. Or at least: Is he trying to make me think I'll get the Supreme Court nomination? And then, if she thought that, what next? Of course the IG has no evidence of what she thought, but I assume that the idea of getting the nomination flashed through her head. And when it did, what did she think?

I imagine that Lynch thought he's trying to make me think I've got a lot to gain if I treat Hillary Clinton well and that Lynch wanted what Bill Clinton was implicitly offering but also knew what he was doing was horribly wrong and had more potential to hurt her reputation than to get her the prize he was dangling.

ADDED: Bill moved the tote bags to create room "on the bench seat." Here, Loretta. Here's a seat on the bench. Won't you sit down?

ALSO: Did Lynch have reason to think she was a major contender for the empty Supreme Court seat?  Yes. She was enough of a contender at the time when Barack Obama was trying to be the one to fill the seat that she publicly withdraw her name for consideration (in early March of 2016):
“While [Lynch] is deeply grateful for the support and good wishes of all those who suggested her as a potential nominee, she is honored to serve as Attorney General, and she is fully committed to carrying out the work of the Department of Justice for the remainder of her term,” [said a  Justice Department spokeswoman].

There is speculation that Lynch did not want a long, drawn-out confirmation battle, which is almost assured given that congressional Republicans have said that they will not confirm any nominee put forth by the president—but especially one who might tip the court to the “left.”
It's easy to infer that she knew the odds were much better to wait for Hillary Clinton to win. Of course, Bill Clinton knew all this when he approached Lynch in June on that tarmac.

And here's an article in The Washington Times from about a month before the election about Hillary Clinton's possible nominees:
Mrs. Clinton, unlike Donald Trump, hasn’t released a list of names she would recommend to the court, saying only that Congress should confirm President Obama’s nominee, Merrick Garland. That’s the politically correct thing to say right now — but if Mrs. Clinton wins in November, there’s no doubt she’ll name her own, more liberal choice to the bench. There’s been some speculation that Loretta Lynch, the attorney general of the Department of Justice, could be on Mrs. Clinton’s short-list....

December 26, 2016

Trump will have 103 federal court vacancies to fill. Obama only had 54 when he became President in 2008.

WaPo attributes the high number to the GOP Senate's "unprecedented level of obstruction."
State gun control laws, abortion restrictions, voter laws, anti-discrimination measures and immigrant issues are all matters that are increasingly heard by federal judges and will be influenced by the new composition of the courts. Trump has vowed to choose ideologues in the mold of the late Supreme Court justice Antonin Scalia, a conservative icon — a prospect that has activists on the right giddy.
Trump has "vowed to choose ideologues"? Can we get a quote for that? I comb through many paragraphs and finally arrive at this:
Trump spoke frequently about his intentions to put forward a more conservative Supreme Court nominee as a way to galvanize the right.

“The replacement of our beloved Justice Scalia will be a person of similar views, principles and judicial philosophies,” Trump said in his acceptance speech at the Republican National Convention. “Very important. This will be one of the most important issues decided by this election.”
The disturbing word is "views." And I'll add, from my blog posts on the subject, that Trump has said "The judges will be pro-life" and "they’re going to be very pro-Second Amendment." So he's specified particular outcomes he's looking for.

Hillary Clinton did the same thing. She said: "[W]e need a Supreme Court that will stand up on behalf of women's rights, on behalf of the rights of the LGBT community, that will stand up and say no to Citizens United...." And: "And I feel strongly that the Supreme Court needs to stand on the side of the American people. Not on the side of the powerful corporations and the wealthy."

Both candidates threatened to appoint ideologues. I didn't hear much criticism of the attitude they took toward filling those vacancies. With an empty Supreme Court seat, there was particular reason to focus on judicial appointments. The people elected Trump and they kept a GOP Senate, and we will get what we deserve.

October 21, 2016

Should the GOP Senators get started confirming Merrick Garland before the election?

I'm reading "Flake says it might be Garland time" (at Politico). Arizona Senator Jeff Flake is saying that even before election day, perhaps the GOP-controlled Senate should move on confirming Garland. Why not wait until after the election (and avoid the in-your-face lack of confidence in Trump)?
Flake's comments come as the Senate GOP weighs how to deal with a Clinton nomination to the Supreme Court. Senate Majority Leader Mitch McConnell (R-Ky.) has ruled out taking up Garland in the lame duck. But that raises the prospect that Clinton could pick someone other than Garland, whom Republicans once praised as a consensus nominee before rolling out a blockade intended to allow voters to weigh in before the vacancy is filled.
What I read between the lines there is: If they wait until after Clinton wins, to move on Garland is to deprive the President-elect of her choice. And that would be after they said that they needed to hold off on Garland because the American people should have the choice of what sort of Supreme Court we want. If the people decide for Clinton, shouldn't Clinton be the one to make the choice? The GOP Senators have held off, in the hope that the GOP candidate might win and get to make the appointment, but if they think Trump is going to lose, their best option might be to move on Garland while they still have a shred of a chance to act as though they're just doing the normal thing of confirming the President's nominee.

Should the GOP Senate move now to confirm Garland?







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ADDED: Poll results:

October 20, 2016

Where do Hillary Clinton and Donald Trump want to see the Supreme Court "take the country"?

At last night's debate, the moderator, Chris Wallace, chose to make the first question about the Supreme Court. This perked me up. It's what I've concentrated my attention on for the past 35 years, and we've got an open seat and maybe 2 or even 4 seats that may open up in the next presidential term. What I remember from watching the debate last night is that both candidates were absolutely awful. Now that I've slept on it and have access to the transcript, I want to double-check my own opinion. So come along with me and judge for yourself.

Wallace observed that the topic of the Supreme Court had yet to be discussed at a debate in any depth, and he wanted to "drill down." Going to Clinton first, Wallace said:
[W]here do you want to see the court take the country? 
The idea that the Court is in the lead taking us somewhere is all wrong, but no one is going to point that out.
And secondly, what’s your view on how the constitution should be interpreted? Do the founders' words mean what they say or is it a living document to be applied flexibly, according to changing circumstances? 
That's a simple way to prompt the candidates to talk about interpretive methodology, and it's an invitation to bungle, because candidates don't really want to get stuck at either end of those seemingly opposite positions. (I say "seemingly," because you can say that the founder's words meant that this is a living document to be applied flexibly, according to changing circumstances.)

Clinton goes first:
You know, I think when we talk about the Supreme Court, it really raises the central issue in this election. Namely, what kind of country are we going to be? What kind of opportunities will we provide for our citizens? What kind of rights will Americans have? And I feel strongly that the Supreme Court needs to stand on the side of the American people. Not on the side of the powerful corporations and the wealthy. 
I was already loudly arguing with her. The side? The Supreme Court isn't supposed to take sides. She's blatantly saying she wants a Court that doesn't act like a court but gets on one side. Her Court is a Court that ought to have to recuse itself constantly.

October 12, 2016

"It's a paler place without" Scalia, said Justice Ginsburg.

"Paler. Because he was a wonderful storyteller. He had an uncanny ability to make even the most somber judge smile."

Also:
When asked about Hillary Clinton potentially stacking the court with liberal justices, Ginsburg said she resisted "the notion that, if you are a Democrat, then you are 'liberal.'"

"Just think of John Paul Stevens appointed by President Ford, then Souter appointed by the first President Bush," she said. "They were not 'conservative.'"
I'd like to see the whole quote, but 2 examples of Republicans who turned out not to be conservative does not make me think it's at all likely that Democrats will turn out not to be liberal. When's the last time that happened? Felix Frankfurter?