Attention to the Unseen

Politico reports: Justice Brett Kavanaugh’s first vote as a member of the Supreme Court could come as soon as Tuesday or Wednesday on a Trump administration request testing how much power courts should wield over top executive branch officials. The administration has already made one unsuccessful run at the high court on the issue: It asked Justice Ruth Bader Ginsburg last week to step in to block depositions of Commerce Secretary Wilbur Ross and Justice Department civil rights chief John…

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Robert Post writes: Brett Kavanaugh and I differ on most fundamental questions of constitutional law. Nevertheless, as a former dean of the institution where he received his law degree, I have withheld comment on the merits of his appointment. I am proud of the rich diversity of views that Yale Law School has produced. Over the past decade, Kavanaugh has been a casual acquaintance. He seemed a gentle, quiet, reserved man, always solicitous of the dignity of his position as…

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In an op-ed for the Wall Street Journal, Brett Kavanaugh writes: I was very emotional last Thursday, more so than I have ever been. I might have been too emotional at times. I know that my tone was sharp, and I said a few things I should not have said. I hope everyone can understand that I was there as a son, husband and dad. I testified with five people foremost in my mind: my mom, my dad, my wife,…

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David Corn reports: [T]he standard operating procedure for any investigation would include questioning the accuser and the accused. Forgoing these interviews undermines the FBI’s report and makes it easy for critics to contend that this has been a sham investigation. So why would the White House take such a step? The Democrats on Senate Judiciary Committee have a theory: Trump White House officials blocked an interview with Ford because they were worried about the FBI questioning Kavanaugh. According to Democratic…

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The Washington Post reports: A pair of key Republican senators expressed satisfaction Thursday with a new FBI report, increasing the odds of Senate confirmation this weekend of Judge Brett M. Kavanaugh, President Trump’s Supreme Court nominee who has faced sexual misconduct allegations. Sen. Susan Collins (Maine), one of three Republicans who had not indicated how they plan to vote, said Thursday that “it appears to be a very thorough investigation, but I’m going back later to personally read the interviews.”…

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The New Yorker reports: Frustrated potential witnesses who have been unable to speak with the F.B.I agents conducting the investigation into sexual-assault allegations against Donald Trump’s Supreme Court nominee, Brett Kavanaugh, have been resorting to sending statements, unsolicited, to the Bureau and to senators, in hopes that they would be seen before the inquiry concluded. On Monday, President Trump said that the Bureau should be able to interview “anybody they want within reason,” but the extent of the constraints placed…

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The Hill reports: The nation’s largest coalition of Christian churches on Wednesday called for the withdrawal of Brett Kavanaugh’s nomination for the Supreme Court. The National Council of Churches, which has membership from more than 40 denominations including most major Protestant and Eastern Orthodox denominations in the U.S., wrote in a statement on their website that they believe Kavanaugh has “disqualified himself from this lifetime appointment and must step aside immediately.” The statement cited a number of reasons for the…

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Judicial temperament is one of the most important qualities of a judge. As the Congressional Research Service explains, a judge requires “a personality that is even-handed, unbiased, impartial, courteous yet firm, and dedicated to a process, not a result.” The concern for judicial temperament dates back to our founding; in Federalist 78, titled “Judges as Guardians of the Constitution,” Alexander Hamilton expressed the need for “the integrity and moderation of the judiciary.” We are law professors who teach, research and…

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James Roche writes: In 1983, I was one of Brett Kavanaugh’s freshman roommates at Yale University. About two weeks ago I came forward to lend my support to my friend Deborah Ramirez, who says Brett sexually assaulted her at a party in a dorm suite. I did this because I believe Debbie. Now the FBI is investigating this incident. I am willing to speak with them about my experiences at Yale with both Debbie and Brett. I would tell them…

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Nelson W. Cunningham writes: In President Donald Trump’s long and strange war on the FBI and Justice Department, we have become accustomed to the sight of FBI Director Christopher Wray and Deputy Attorney General Rod Rosenstein bravely standing up to the president. Again and again, these men have been objective tribunals standing up for independence, thoroughness and freedom from political interference. Now it seems they might have another reason to speak up, as reports swirl that political figures at the…

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Benjamin Wittes writes: [I]f I were a senator, I would vote against Kavanaugh’s confirmation. I would do it both because of Ford’s testimony and because of Kavanaugh’s. For reasons I will describe, I find her account more believable than his. I would also do it because whatever the truth of what happened in the summer of 1982, Thursday’s hearing left Kavanaugh nonviable as a justice. A few days before the hearing, I detailed on this site the advice I would…

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The New York Times reports: President Trump participated in dubious tax schemes during the 1990s, including instances of outright fraud, that greatly increased the fortune he received from his parents, an investigation by The New York Times has found. Mr. Trump won the presidency proclaiming himself a self-made billionaire, and he has long insisted that his father, the legendary New York City builder Fred C. Trump, provided almost no financial help. But The Times’s investigation, based on a vast trove…

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Laurence H. Tribe writes: Much might be said about Judge Brett Kavanaugh’s possible confirmation to the Supreme Court: in terms of his still only partly disclosed professional record, the allegations of sexual assault and his candor, or lack of it, in testifying before the Senate Judiciary Committee. But apart from all that — and apart from whatever the reopened F.B.I. investigation might reveal — the judge himself has unwittingly provided the most compelling argument against his elevation to that court….

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The Wall Street Journal reports: President Trump personally directed an effort in February to stop Stormy Daniels from publicly describing an alleged sexual encounter with Mr. Trump, people familiar with the events say. In a phone call, Mr. Trump instructed his then-lawyer Michael Cohen to seek a restraining order against the former adult-film actress, whose real name is Stephanie Clifford, through a confidential arbitration proceeding, one of the people said. Messrs. Trump and Cohen had learned shortly before that Ms….

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David Corn writes: At Thursday’s historic and dramatic Senate Judiciary Committee hearing, Judge Brett Kavanaugh issued a fiery and angry response to the testimony of Christine Blasey Ford, who has accused him of sexually assaulting her more than three decades ago. An upset Kavanaugh—who alternated between bursts of belligerence and tear-suppressing sniffles—assailed the hearing as “a calculated and orchestrated political hit.” He railed against “outside left-wing opposition groups” and claimed this “circus” was a Democratic plot fueled by “revenge on…

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