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A Minor Change in Political Concept, But Profound in the Positive Ways Our Lives Will Be Affected

An Inferior Court? Or Supreme?

Liars and Sex Criminals Welcome for a Lifetime?

By Rich Stevenson © October 2, 2018

Interim Acting Chair of the Jefferson County KYIVA

Meet the IVA

Background: Who am I to comment on Brett Kavanaugh? I am 76 with 3 years Background Investigation experience and six years Insurance Claims experience evaluating witness credibility. I took Special Agent training, U.S. Army Intelligence, at Ft. Holabird, Maryland. MOS: 97B40. ID#RA15736987. I am a seasoned investigator and judge of witness credibility. My Army reports were submitted for adjudication at a higher level. My evaluations of my tort liability claims cases had immediate feedback or were in line with judgments obtained in civil court; thirteen of my cases involved serious death claims. My tort claims training was by The Hartford Insurance Company, Hartford, Connecticut. The lessons learned are lifelong and to the point.

My gut feeling about the sexual assault hearings match the conclusions expressed by the ABA and the Jesuits who withdrew their endorsements of Judge Brett Kavanaugh.

I am a very experienced investigator. My gut instinct tells me that Christine Blakey Ford's story is completely truthful. There was something wrong with the testimony of Judge Kavanaugh. His anger was that of a man who has been caught and has lost control out of fear and panic for all of the other things hidden to his memory. Already in the first few days of the extended investigation witnesses have indicated he lied to the Senate about the severity of his drinking, consistent with statements of excessive drunkenness and hostility. He was a belligerent angry drunk. He was a person who is likely to have been unaware of his actions during his frequent drunken episodes.

There is little wonder that he has no memory of his alleged sexual assault on the fifteen year old he damaged for life. Dr. Ford probably was and is not likely to have been his only victim. Actually, there are already two other known victims to date. I expect the investigations will continue over the next several years until there is a reasonable conclusion. I will not be surprised if there are charges and jail time in Maryland for Brett Kavanaugh over the next few years.

I know enough at this point to know Judge Kavanaugh committed perjury before the Senate Judiciary Committee. That is sufficient grounds in itself to block his confirmation. The ABA questioned his suitability for the DC Circuit Court of Appeals twelve years ago. Their instincts of his being too partisan, it seems to me, were correct then, and have been borne out by Judge Kavanaugh's extreme partisan rants during his response to Dr. Ford's charges against him. He admits he did not bother to watch her creditable testimony. Why?

His lies and perjury, it seems to me, are enough to block his confirmation. President Trump has the ability to withdraw the nomination and end this lifetime appointment of an unsuitable judge who would be on the Supreme Court (SC) during the adult life of my son and grandchildren for 30 or so years. Completely unacceptable for truth and justice to be served.

Senator Jeff Flake could continue his courageous stand to block sending the nomination to a vote in the full Senate, where the nomination could be inadvertently affirmed in contradiction to the best evidence. A supreme court justice must have the character to tell the truth under any circumstances regardless of personal consequences. Truth and the law must be the highest value held on the court. This will never be over. Perjury, lying to the Senate Judicial Committee, is not acceptable.

If Judge Kavanaugh is confirmed to the SC history will not be kind to the responsible parties, President Trump and the Senate Judicial Committee. If Brett Kavanaugh is confirmed there will be two men who are sexual offenders sitting on the SC. Justice Clarence Thomas is one, who was confirmed in 1991 despite the creditable testimony of Anita Hill. The second will be Brett Kavanaugh confirmed in 2018, despite the creditable testimony of Christine Blakey Ford. As in the case of Clarence Thomas, the conventional wisdom on Judge Kanvanaugh after a few years will be in favor of the testimony of Christine Blakey Ford. Forever! Sexual offenses are excused by other guilty males in positions of power. “Boys will be boys” is no excuse for the miscarriage of justice.

One correction could be made if women were represented on the court in proportion to their 50+% proportion in the general population. Two male sexual offenders sitting on our highest court is totally unacceptable. There are now three female members of the SC. Four or five female justices would be a worthy goal. Why not 44% to 55%. Why not seek a goal of 50% female federal justices? “Boys” should be reasonably afraid.

The ABA was totally correct in asking for a delay and an extension of the FBI Investigation. Mark Judge and others must be deposed and used to find exact details on the “too many” beers admitted by Bret Kavanaugh. Judge's deposition will reveal a wealth of information. There are many needed avenues of investigation. This is not going to go away. A lot more is there and will be revealed now and over the next several years.

If The accuser's testimony had been taken in private, I am quite certain the accuser's testimony would never have seen the light of day. There would have been no “circus” or “day in court” for the accuser. The cover-up would have been complete and unjust. That would have been in accord with the obvious partisan intent of the “conservative” republican majority members of the committee. With a rock solid 5 to 4 conservative court we would be much closer to the day when “consensus” can no longer find solutions to the many problems in our nation. Where the 99% are at the mercy of a bought system owned by Wall Street and the Billionaire class. Where justice cannot be found in our legislatures or in our radically divided partisan courts. Moderation and consesus are the friends of representative government. Bipartisan monopoly is the unwitting enemy of representative government.

We need one hero here, either President Trump or Senator Jeff Flake. We need a decision in favor of reason and justice. Withdraw the nomination.

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Judge Kavanaugh failed my job interview. He does not seem to me to have the morals and character that are a basic requirement for service on the SC of the United States. To me, it seems his service on the DC Circuit court may also be questionable for the same lack of judicial temperament. My decision is not a question of innocence or guilt, but a question of fitness for appointment to our highest court. I think reasonable minds would agree.

Do you think it is time to replace Bipartisan Warfare in Congress with Consensus Based Nonpartisan Solutions? The Senseless battle over confirmation of Brett Kavanaugh to the SC is only one symptom of complete partisan Congressional stalemate. The game is over unless we act. We must become proactive good citizens willing to fire Congress. D's and R's Do Not Represent the 99.999%. The people. Up to you. Sign the pledge.

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