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Kavanaugh Survives Flimsy Dem Allegations and They Can't Handle It

Kavanaugh Survives Flimsy Dem Allegations and They Can't Handle It

Supreme Court Justice Ruth Bader Ginsburg participating in a panel discussion, during an annual American Bar Association meeting in Chicago, Illinois. When Ginsburg retires, intense debate may follow, similar to that as recently seen, centered around the nominaton of, and the conformation process for, Judge Brett Kavanaugh. (Kiichiro Sato/AP)

By    |   Monday, 10 September 2018 02:42 PM

After U.S. Senate Judiciary Committee Democrats subjected Judge Brett Kavanaugh to a gauntlet of star chamber questioning and accusations, they realized his confirmation is all but a done deal.

So now, they’re turning to desperation tactics.

The Democratic Coalition announced Saturday that it had filed a criminal complaint against Kavanaugh, alleging he’d perjured himself during last week’s hearings.

"Breaking," the controversial PAC’s announcement began. “@TheDemCoalition just filed a criminal complaint against Brett Kavanaugh for perjury in Congressional testimony."

There’s a huge problem with this statement.

Federal rules don’t provide for ordinary citizens and groups to file criminal complaints.

That process is left to the U.S. Attorney’s office for the appropriate jurisdiction.

Moreover, in 1981, the U.S. Supreme Court held in Leeke v. Timmerman, 454 U.S. 83, that a private party lacks a constitutional right to pursue a criminal complaint in federal court.

It’s only when you read the group’s actual, alleged "complaint" that you realize that it isn’t filing a criminal complaint at all — it’s asking the Department of Justice file one.

But it sounds a lot more important to say they "filed a criminal complaint."

The Democratic Coalition based its perjury claim on several minor discrepancies in Kavanaugh’s testimony.

In one, during confirmation hearings for his current position, he testified that he wasn’t "involved in handling [Judge William Prior’s] nomination" during his tenure with the George W. Bush administration.

However, newly-released emails show a fellow White House aide asking Kavanaugh, "How did the Pryor interview go?" and Kavanaugh responded, "Call me."

In another instance — also while he was at the White House — an aide sent Kavanaugh and others some emails that had been lifted from the Democratic Senate. Kavanaugh said he wasn’t aware they’d been improperly acquired.

Seriously, that’s it? That’s what they’re pinning their hopes on? It’s a paper-thin argument, based on, at the most, possibly inaccurate statements that may not even be false, and clearly don’t rise to the level of perjury (willfully telling a falsehood under oath).

And when that fails? The Democratic Coalition announced it has a fallback strategy, one highlighted by Jerry Bier, a frequent contributor to The Weekly Standard. Tweeting, "Here’s the *real* reason," the attached highlighted portion says:

"A parallel judicial ethics complaint will be filed with the Clerk of the D.C. Circuit Court for Chief Judge Merrick Garland to review for Monday morning."

Yes, that Merrick Garland, the one former President Barack Obama unsuccessfully proposed for the high court in 2016, but Senate Republican leadership refused to confirm, citing the "Biden rule" — no Supreme Court appoints during a presidential election year.

The only deception came from the Democratic Coalition last year when it raised more than $500,000 for progressive causes, and spent more than 90 percent in expenses, leaving donors infuriated.

Sen. Kamala Harris, D-Calif., is someone else who’s unacquainted with the truth.

"Kavanaugh chooses his words very carefully, and this is a dog whistle for going after birth control," she tweeted Friday. "He was nominated for the purpose of taking away a woman’s constitutionally protected right to make her own health care decisions.

"Make no mistake — this is about punishing women."

And as proof that Kavanaugh was outside the mainstream, she posted a carefully edited video.

"Filling out the form would make them complicit in the provision of the abortion-inducing drugs that they were, as a religious matter, objected to," he said in the video.

However, he wasn’t describing his own views -- he was describing those of litigants in a court case. She edited out the words he said prior to that: “It was a technical matter of filing out a form in that case. But they said . . . "

And being a good acolyte, CNN picked up the ball from Harris and ran with it. CNN tweeted, "Brett Kavanaugh's views on birth control drew scrutiny after he referred to contraceptives as 'abortion-inducing drugs.'"

Again, they weren’t his views.

And when all this fails — a criminal charge, an ethics complaint, and deceptive editing —  they have yet another fallback: Impeachment.

"We should be talking about impeaching Kavanaugh and booting him from the D.C. Circuit for committing perjury,” former Hillary Clinton aide Brian Fallon tweeted.

"Not promoting him to the highest court in the country."

Committee Chairman Sen. Chuck Grassley, R-Iowa, announced that he intends to schedule a committee vote on Sept. 13. Democrats may delay this until Sept. 20. After that it will head to a full Senate vote in an attempt to confirm Kavanaugh before the next Supreme Court session begins on Oct. 1 — the first Monday in October.

If Democrats are this loony over a replacement for retired Justice Anthony Kennedy, considered a swing vote by court observers, imagine the howling when the day comes to replace far-left Justice Ruth Bader Ginsburg.

You may want to stock up on popcorn for that one.

Michael Dorstewitz is a retired lawyer and has been a frequent contributor to BizPac Review and Liberty Unyielding. He’s also a former U.S. Merchant Marine officer and an enthusiastic Second Amendment supporter, who can often be found honing his skills at the range. To read more of his reports — Click Here Now.

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If Democrats are this loony over a replacement for retired Justice Anthony Kennedy, considered a swing vote by court observers, imagine the howling when the day comes to replace Ruth Bader Ginsburg. You may want to stock up on popcorn.
garlsnd, ginsburg, grassley, harris
Monday, 10 September 2018 02:42 PM
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