All posts by Chuck Fager

Kavanaugh Hearing, Day One: Sheldon Whitehouse Vs. the “Roberts Five”

Senator Sheldon Whitehouse: Tomorrow, we will hear a lot of “confirmation etiquette.” It’s a sham.
Kavanaugh knows the game. In the Bush White House, he coached judicial nominees to just tell Senators that they will adhere to statutory text, that they have no ideological agenda. Fairy tales.
At his hearing, Justice Roberts infamously said he’d just call “balls and strikes,” but the pattern – the 73-case pattern – of the Roberts Five qualifies him to have NASCAR-style corporate badges on his robes.
Alito said in his hearing what a “strong principle” stare decisis was, an important limitation on the Court. Then he told the Federalist Society stare decisis “means to leave things decided when it suits our purposes.”
Gorsuch delivered the key fifth vote in the precedent-busting, but also union-busting, Janus decision. He too had pledged in his hearing to “follow the law of judicial precedent,” assured us he was not a “philosopher king,” and promised to give equal concern to “every person, poor or rich, mighty or meek.”
How did that turn out? Great for the rich and mighty: Gorsuch is the single most corporate-friendly justice on a Court already full of them, ruling for big business interests in over 70 percent of cases, and in every single case where his vote was determinative.
The president early on assured evangelicals his Supreme Court picks would attack Roe v. Wade. Despite “confirmation etiquette” assurances about precedent, [Kavanaugh’s] own words make clear [he doesn’t] really believe Roe v. Wade is settled law.
We have seen this movie before. We know how it ends.

A Quaker “Walks Cheerfully,” Up To His A** In Alligators: A Final “Dog Days” Journey

My situation now became precarious to the last degree: two very large [alligators] attacked me closely, at the same instant, rushing up with their heads and part of their bodies above the water, roaring terribly and belching floods of water over me. They struck their jaws together so close to my ears, as almost to stun me, and I expected every moment to be dragged out of the boat and instantly devoured.

But I applied my weapons so effectually about me, though at random, that I was so successful as to beat them off a little; when, finding that they designed to renew the battle, I made for the shore, as the only means left me for my preservation, for, by keeping close to it, I should have my enemies on one side of me only, whereas I was before surrounded by them, and there was a probability, if pushed to the last extremity, of saving myself, by jumping out of the canoe on shore, as it is easy to outwalk them on land, although comparatively [they were] as swift as lightning in the water.

I found this last expedient alone could fully answer my expectations, for as soon as I gained the shore they drew off and kept aloof. This was a happy relief, as my confidence was, in some degree, recovered by it. On recollecting myself, I discovered that I had almost reached the entrance of the lagoon, and determined to venture in, if possible to take a few fish and then return to my harbour, while day-light continued; for I could now, with caution and resolution, make my way with safety along shore, and indeed there was no other way to regain my camp, without leaving my boat and making my retreat through the marshes and reeds, which, if I could even effect, would have been in a manner throwing myself away, for then there would have been no hopes of ever recovering my bark, and returning in safety to any settlements of men. I accordingly proceeded and made good my entrance into the lagoon, though not without opposition from the alligators, who formed a line across the entrance, but did not pursue me into it, nor was I molested by any there, though there were some very large ones in a cove at the upper end.

McCain’s best “Maverick” Performance: as a witness against torture

In the process Haspel had a major stroke of luck: she was spared a showdown with the Senate’s most visible and respected torture opponent. One can only imagine what a confrontation that might have been: Haspel, impassive, well-shielded by kevlar secrecy and talking points, versus a legendary torture survivor.

Still, the confrontation was not wholly imaginary; it did happen, but was epistolary: McCain, losing one last medical battle, took time to write a lengthy and trenchant letter to Haspel, which was filled with tough observations and demanding questions. Here are a few:

“These techniques included the practice of waterboarding, forced nudity and humiliation, facial and abdominal slapping, dietary manipulation, stress positions, cramped confinement, striking, and more than 48 hours of sleep deprivation. We now know that these techniques not only failed to deliver actionable intelligence, but actually produced false and misleading information. Most importantly, the use of torture compromised our values, stained our national honor, and threatened our historical reputation. . . .

As you know, many detainees under the custody of the CIA in the wake of the September 11th attacks were subjected to waterboarding and other “enhanced interrogation techniques.” In just one case, a Libyan detainee and his pregnant wife were rendered to a foreign country, where the woman was bound, gagged, and photographed naked as several American intelligence officers watched.

Do you believe actions like these were justified, and do you believe they produced actionable intelligence?

What is your assessment today of the effectiveness of “enhanced interrogation techniques” and their impact on the United States’ moral standing in the world?

It is not known if McCain ever got replies to these and other questions in the letter. Haspel was confirmed by the Senate as CIA Director on April 17, 2018. McCain was in Arizona, undergoing treatment, and did not vote. The epic confrontation was muffled and squirreled away in an online footnote.

A Carolina Lynching, But No Carolina Justice: John Jeffress Remembrance Day, August 25, 1920

In the version of this report published in the Charlotte NC News, additional details were included:

Sheriff Story [sic] and his six assistants started with Jeffress to the courthouse one block away. Arriving at the spot where Ray was killed, a mob formed around the Officers and their prisoner. There was a sudden surge forward and in the twinkling of an eye, according to the sheriff, the prisoner had been taken from the officers and was placed in an automobile and rushed away. There was not a shot fired: not even a gun drawn during the minute scuffle between the mob and officers.

Sheriff Storey said tonight that resistance would have been folly as the mob was made up of between 25 and 50 determined men. There were at least 150 additional men nearby whose sympathies were with the- mob, he stated tonight. Answering a. direct question, Sheriff Story declared that he did not know anyone in the mob. The man who led the mob and took the prisoner away, the sheriff said, must have just moved into the county and was not known to him.

Dog Days Meditations: William Bartram on Human & Animal Hunting

WHEN travelling on the East coast of the isthmus of Florida, ascending the South Musquitoe river, in a canoe, we observed numbers of deer and bears, near the banks, and on the islands of the river, the bear were feeding on the fruit of the dwarf creeping Chamerops, (this fruit is of the form and size of dates, and are delicious and nourishing food:) we saw eleven bears in the course of the day, they seemed no way surprized or affrighted at the sight of us; in the evening my hunter, who was an excellent marksman, said that he would shoot one of them, for the sake of the skin and oil, for we had plenty and variety of provisions in our bark.

We accordingly, on sight of two of them, planned our approaches, as artfully as possible, by crossing over to the opposite shore, in order to get under cover of a small island, this we cautiously coasted round, to a point, which we apprehended would take us within shot of the bear, but here finding ourselves at too great a distance from them, and discovering that we must openly show ourselves, we had no other alternative to effect our purpose, but making oblique approaches; we gained gradually on our prey by this artifice, without their noticing us, finding ourselves near enough, the hunter fired, and laid the largest dead on the spot, where she stood, when presently the other, not seeming the least moved, at the report of our piece, approached the dead body, smelled, and pawed it, and appearing in agony, fell to weeping and looking upwards, then towards us, and cried out like a child.