Category Archives: Current Affairs

Kavanaugh Wrap-Up: The Wheat from the Chaff

Too many media people around this past week’s supreme Court hearings wasted their energy doing horse race and atmosphere coverage. Political sportscasters, I call them; and pretty bush league at that.

Their frame was: the nomination of Brett Kavanaugh (hereafter “K”) is a done deal, so all that matters is the hullabaloo, that and the shadow horse race rehearsal for the 2020 presidential contest. Which meant excessive attention to whether aspirants Kamala Harris or Cory Booker managed to draw some blood and get a boost from a bombshell revelation.
But the pair didn’t really have any real ordnance, it was reported, and neither came out with a 2020 home run. That’s true enough, and for the media political sportscasters, this was all that mattered. And that’s utterly mistaken.

The New York Times’s Saturday postmortem reflected this outlook:

“Boorish. Rude. Disrespectful. Insulting. Grandstanding. Hyperventilating. Deranged. Ridiculous. Drivel.

Those were among the words angry Senate Republicans used this week to assail the conduct of Democrats at a Supreme Court hearing that was often tense and sometimes toxic. . . .

With little power to stop a nominee they saw as a conservative partisan, a Republican-imposed process they considered grossly unfair and a demanding political base spoiling for a fight, they decided it was time to sow disorder over the court.”
For me such reportage was mainly stale baloney. Its superficiality is a disgrace to their profession. It only reports one superficial level of the debate that went on there.

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Illustrated Thursday Thoughts on Kavanaugh

I learned a new phrase on Tuesday: “The Roberts Five,” which I won’t forget.  I also learned more about how “The Roberts Five” overwhelmingly favors the Rich, the Right, and the Aggressively “Christian” (Male) White. If Kavanaugh is confirmed, we’ll probably ALL know this phrase, too well.

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Another “Quaker” School Makes Waves

As a journalist, I mostly have the “Quaker beat” to myself: Friends are a tiny sect, known mostly for being “quaint,” the inventors of oatmeal, riders in buggies, and extinct. (Never mind that the last three are not true; they’re still what we’re “known” for, by many in what the elders used to call “the world,” when such folk bother to think about us at all.) So when I report on Quaker stuff, it’s rare that I have to compete with “normal” reporters.

But sometimes I get scooped; and that happened again today, and in no less an outlet than the New York Times. (But hey, if you’re gonna get scooped, it might as well be by the best.)

And why would the Times bother with us? If you don’t already know, think for a minute: The Times’ base constituency is the affluent (and up) of the nation’s largest city. And what artifact of Quakerism are such moneyed folk most likely to bump into? (Hint: nothing to do with oatmeal.)

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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.

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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.

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