• What Kavanaugh Tells Us about the Midterms

    October 13, 2018 // 36 Comments »

     

    While Democrats refight the 2016 election, Republicans confirmed their second Supreme Court judge.

    The soiled Kavanaugh confirmation process put Democratic strategy for the 2018 midterms in plain view. The question is will what hasn’t worked to date do any better for the Dems a month from now?


    This week’s FBI investigation was never going to turn up much beyond incomplete recollections. Apart from liberal Twitter, all of whom are apparently trauma memory experts (last week they were scholars of perjury law), most people in Normal America have a hard time conjuring up long ago details. It is even harder to remember things that never happened. The FBI had done background investigations six times on Kavanaugh over a period of decades without uncovering any of what people said this week, so in reality, the investigation lasted 30 years. Democrats knew unless the FBI miraculously turned up a blue dress with semen stains on it, the facts by themselves were never going to be enough.

    The investigation, like Trump’s taxes and Russiagate, was really just a way to turn a scar into a scab to pick at, enough of something to propel the story into another week. Then if no new smoking gun-let drops into the media’s lap, the script says claim the process itself was unfair – Putin stole the election, gerrymandering cheated the vote, the FBI wasn’t allowed to interview enough witnesses.

    The real plan was always to force the confirmation into the mold Democrats think will win them the House, the same gambit they thought would deliver a landslide in 2016. And so Kavanaugh’s complex judicial record was discarded in favor of Clinton-esque, er, progressive, talking points: the election, um, sorry, the confirmation is all about respect for women, fighting misogyny, defeating privilege, too many White Men, Trump is evil, we can’t have an accused rapist in the White House, sorry, on the Supreme Court! Disqualification via demonization. The Kavanaugh hearings were an updated version of what was supposed to be the 2016 game-changer, the “pussy grabbing tape.” The Dems would give America another shot at having had it with the patriarchy.


    It didn’t work. Despite endless bleating the hearings were a “job interview” (imagine the lawsuit after a Microsoft hiring manager pivoted from coding skills to accusing someone of being a drunk) the hashtags were not enough. Judicial temperament problems? The issue never came up in Kavanaugh’s long career. Even so, few courtroom situations turn a judge into a Senators’ punching bag; maybe a little righteous anger was called for? Some may even remember how Democratic voters abandoned presidential candidate Mike Dukakis when he was too dispassionate in his reaction to a question about someone assaulting his wife.

    Things devolved too quickly from concern over Roe v. Wade to an attempt to catch Kavanaugh out on yearbook nomenclature. Dems convinced themselves it was conclusive when Maddow labeled Kavanaugh a liar over what “Devil’s Triangle” really meant in a suburban Maryland boy’s school in 1982. They imagined people would believe wrongly stating the drinking age in Maryland decades ago was perjury and not just a mistake. They thought people would care more if the pool of “victims” (i.e., anyone who saw Kavanaugh with a brewski) increased exponentially. Most everything serious was lost in a cloud of stupid.

    It is a hard ask to get people concerned about health care as a life-or-death issue to take you seriously as a party when all you seem to care about is high school butt sex. Jester Michael Avenatti pushed things further into farce with an “accuser” whose credibility failed sitcom standards. Susan Collins specifically cited Avenatti’s actions as part of her decision to vote yes on Kavanaugh. Yet Democrats still see Avenatti as a useful idiot, a kamikaze working alongside them, without understanding he demeans the seriousness of everything he touches as a tabloid Midas.

    It was little surprise the absurdity of it all was missed by the Dems. One Democratic strategist statedidentity politics has really become the ecology you’re operating in. Economics aren’t as dispositive as they used to be.” That makes sense only to a party banking its midterm strategy on voters not noticing the economy is doing pretty well. It follows pretending constant predictions of trade wars and real wars haven’t all turned out to be crying wolf. It starts to make sense America would go along with the idea a guy claiming he wasn’t a drunk in college means he’s a liar unfit to serve on the Supreme Court.


    There were issues in Kavanaugh’s judicial history worth debating. Concern over Roe runs deep. But the Democrats spent little thought on that, failing to grasp while American demographics may be changing, they haven’t yet changed.

    The only constituency re-energized over Kavanaugh is suburban liberal white women (accuser Ford could not have been more a Clintonite if Murphy Brown was reanimated out of the 1980s via a horcrux from Hillary herself), a group favoring the Democrats anyway. Apparently this group can also be counted on to ignore the likelihood a Democrat Senator outed Ford when she wanted to remain anonymous, and to overlook attempts to slut-shame high school girl Renate Schroeder on the grounds that if she was a pass-around then Kavanaugh was a non-virgin who screwed tramps like that. Same for the tsunami of criticism directed at Susan Collins, labeled a traitor to her gender to the point where people are donating money to her unknown opponent of the future. No one on CNN praised her as a courageous woman who made a thoughtful decision.

    There seems little inside the Kavanaugh fight to specifically drive minorities, already understood as reluctant voters, to the polls. Millennial voters share a low historic turnout rate. If you can’t get a lot more than 1 out of 4 in a demographic to show up things are unlikely to work out (71% of Americans over 65 vote, skewing Republican, and the Kavanaugh saga could easily energize them into an even higher turnout). There seems little-to-no Democratic plan to shift these historical trends other than Trump rage, and the warm feelings of consensual hallucination embodied in social media aside, that failed again this week to affect a #RealWorld event.

    Purple” men moving to the Democrat side? One of the things which damaged the women’s movement in the 1980s and helped the Equal Rights Amendment (ERA; remember that?) to fail was an overemphasis on men as the enemy, a feature of the Kavanaugh process. Many women walked away from the feminist groups supporting the ERA, knowing the mantras “all men are rapists” and “Republicans hate women” just weren’t true.

    This is what is happening now, when people who support Trump based on economics end up labeled fascists, people who support Kavanaugh based on his judicial history are rape apologists (or traitors), and people who support free speech are Nazis. Same as post-Parkland, when people who support the 2A were slandered as child killers. It’s deplorable. No one supports rapists or child killers. But few voters are willing to trust Democrats that see them as people who do.

    The point of politics is to change people’s minds, not declare them unfit to walk among decent folk. Kavanaugh proved the Democrats (and their partnered media) are still unaware while this may be the year of #MeToo in Washington, New York, and Hollywood, it’s still just 2018 in West Virginia.

    The Democrats failed in 2016 when they tried to make the election a referendum on Trump’s behavior. They failed again this week with the same strategy, even after elevating Kavanaugh to a psychopathic POTUS mini-me. With no tailwind from Russiagate, Democrats move toward November with little more than more of the same, throwing in some mumbled threats to impeach Kavanaugh off the Supreme Court (will that be before or after they impeach Trump?) if they take the House.

    It’s bad enough to pick the wrong hill to die on. Even worse to do it three times.




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    Copyright © 2018. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

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    Requiem for Justice: “Credible Accusation” and Brett Kavanaugh

    September 26, 2018 // 30 Comments »




    Without the votes to reject Brett Kavanaugh, and after a failed Spartacus stunt or two, a strategy ripe for 2018 emerged– he’s a witch! How do we know he’s a witch? Just see how vehemently he denies it!

    Well, maybe not a witch, that’s so 17th century. But a rapist is 2018, where a Resistance-charged #MeToo mob can be convinced denial is proof of guilt and evidence is unnecessary.


    (This is published before the testimony of Professor Ford and Judge Kavanaugh on September 27)



    Though we will somehow move on from Kavanaugh no matter the ending of his confirmation, those problems do not go away gently. Like those claiming it’s great news the First Amendment doesn’t apply to private companies, allowing non-progressives’ free speech rights to be dumped in the trash, claiming because Kavanaugh’s confirmation wasn’t a trial anything goes – particularly the weaponized use of “credible accusations” — is making us incapable of rational participation in civic life.

    “Credible accusation” is not a legal standard. But in 2018 politics “credible” has become a pseudo-standard with enormous power handed essentially to a mob buttressed by traditional and social media, especially when coupled with another new hashtag standard, #BelieveWomen (morphing into the more dramatic #BelieveSurvivors.) They are meant in the best of intentions to correct injustices of the past. They are used now under the worst of intentions as political weapons. No past mistakes are resolved by defining credibility as an emotional reaction to an accuser’s story, twisted for partisan political ends.

    How partisan this all is is made clear when the new rules are applied only in cases of sexual assault. We are not admonished to believe women are more accurate witnesses in income tax fraud cases, even against white male Republicans. We are not told to believe women face no challenges of politically motivated accusations around shoplifting incidents. We are not admonished to believe women are incapable of lying, misremembering, exaggerating or making a mistake in water rights disputes.

    This all allows a unitary actor declared “credible” by default (there seems to be no allowance for a non-credible accusation of sexual assault in 2018) to initiate harm simply by pointing a finger. It really is conceived by progressives as just that easy: “Even if it wouldn’t support a criminal conviction or civil liability, a merely credible allegation is enough to disqualify him,” wrote the New York Times.

    And when the public tires of the one accuser, dig around until you find another. Send Michael Avenatti, the Fagin-like wrangler of Trump-era accusers, to round up as many as needed. Without the need for corroboration, they are not hard to find in bulk. Under the Kavanaugh standards, nearly any person can destroy anyone among tens of thousands of people they went to high school or college alongside of, or ever worked with. Not convinced? In the comments below, leave the details of your next scheduled job interview. And then be prepared to prove you were not in a specific room four decades ago if you want the job, because someone might make a call.

    Of course these are confirmation hearings, not a trial, some say, gleeful the written rules of law don’t apply and they are free to create new standards and expedient practices to fit the needs of the moment. But that is a gross misunderstanding of the “rule of law” which will haunt America past Kavanaugh.

    Like free speech, fairness, and justice, rule of law is a philosophy that underlies a just society, not merely something partially codified in dusty books. Rule of law is a way of living together under a known set of standards, equally applied, with changes broadly supported. Things like the accuser rightly bears the burden of proof. Jobs, respect, property, and freedoms are not taken away by accusation. Claims of innocence are not treated as proof of guilt.

    In Kavanaugh’s case, no evidence has been presented other than the accusations themselves. Whether written to a Congressperson, told to a therapist, or mumbled to a friend, in the end the circle is a circle that points back to a single person, the accuser herself. That’s repetition, not corroboration. Kavanaugh stated the events did not happen. For the past four decades there was no “she said” until a handful of Democratic senators forced Kavanaugh to deliver a “he said.”

    With Kavanaugh, his unambiguous denials are by definition not credible, as the inverse of Believe Accusers is to Disbelieve the Accused. Kavanaugh has been repeatedly asked for more details, somehow a more persuasive denial, of something he says never happened. The task set before him was to prove a negative, then do it again when a new accuser was produced with an even vaguer scenario from years ago. Give us more details of the trip to Paris you never took!

    We were warned. Franz Kafka, in The Trial, has his main character, known only as K, taken to jail without ever being told what his crime might have been. “I’m not guilty,” said K. “There’s been a mistake.” “That is how the guilty speak,” replied the priest counseling him.

    It seemed any defense at all was wrong. “Though Kavanaugh has been careful not to slime Ford, his denial of the incident impugns her anyway,” wrote the Atlantic. When asked if there was anything a truly innocent Kavanaugh could do to prove his innocence, Senator Tim Kaine replied: “That’s kind of very hypothetical.” Jennifer Rubin in the Washington Post claimed it didn’t really matter what Kavanaugh said, it wasn’t even in his hands: “It’s not simply that Kavanaugh must be convincing — Christine Blasey Ford has to seem unconvincing.” Matthew Dowd at ABC took that even further and claimed it didn’t matter what either party testified, simply that “Let’s believe the she… For 250 years we have believed the he in these scenarios. Enough is enough.”

    Reason and judgment become subordinate to a social and political agenda. The point is to take advantage of alleged victim-hood before it’s been proven, to use assumed victim-hood to shut down questioning whether there even is a victim. In this mindset Kavanaugh should have been finished months ago when the first accusation appeared anonymously, or maybe it was really all over in 1982 that very night at the high school party, and the rest of this, including his decades on the bench, has been unnecessary epilogue.

    It all tracks with a dire situation in our society where people are increasingly unable or unwilling to listen to different viewpoints as forces inside America have succeeded in turning people against the once-sacred ideal of free speech. Now, speech, fairness, and justice are no longer goals or ideals, just tools to be manipulated expediently to serve political ends. “That’s offensive!” (or sexist, or racist) is an accusation, but it is also understood as evidence itself of the truth of the accusation; why would the accuser be motivated to lie? Aren’t all opinions valid, even if the opinion becomes an accusation? How can a self-absorbed individual leave mental space for her own thoughts to be… wrong? The accusation is enough to demand resolution. Take that and expose it to shrewd Democratic politicians and you get the Kavanaugh confirmation process. And likely the next one, too.

    This is very dangerous territory for a nation claiming to fear the loss of the rule of law. In the worst days of racial injustice, evidence-free accusations of rape from a white woman sent groups of black men to be lynched, her testimony as unquestionable as virtue itself. During the McCarthy era, mere accusations of communist ties were used to destroy political enemies; questioning that meant you were unpatriotic. Scholars find evidence accusations during the infamous Salem witchcraft trials were used to settle land disputes, with questioning the accusers seen as a direct affront to God. In my time in Iraq, an accusation of al Qaeda affiliation from a tribal leader being courted by the U.S. could bring a Special Forces night raid down on a neighbor of his choosing. There are dark lessons here.

    The Democrats have managed in about a week to take the very serious business of #MeToo and turn it into a partisan weapon. In the extreme, they propose no common humanity, simply a society of rapists and their enablers, and victims and their allies. Kavanaugh, the recent process demanded, is more than unqualified for the Court; he is a rapist and liar, unqualified as a human being. Which side will you vote for? It might create a Blue Wave, or it might drive people to vote Republican as a matter of self-defense, more soul-crushing negative partisanship to the body politic.

     

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    Copyright © 2018. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

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    #Metoo is for Me, Too

    November 28, 2017 // 7 Comments »



    As a young man I was the victim of unwanted sexual attention from someone in Hollywood. In the intervening decades I never told anyone what happened. I know the name of the man who did this to me, but I am not sure what to do with that.


    I landed a summer internship with a major studio, out of a Midwestern college in the 1980s where people simply did not talk much about sexuality. One of the only men at the school who was open about being gay was considered something of a political celebrity on campus. I am a straight man, what today people dismiss sarcastically as boring CIS binary old white bread.

    I knew no one in California. The man who played me was in a position to help me in all sorts of ways, and he sometimes did. He was generous with advice and what seemed to be friendship. Things changed as I remember him showing me the thick binders of aspiring actors and actresses’ head shots, him lingering on the beefcake images and making jokes about how he knew a no-name young shirtless actor, who since went on to some modest roles. The man complimented me on the way I looked, and “accidentally” touched my arms, especially on the days I wore short sleeves. I was very naive and it wasn’t until the invitation to take a drive out into the desert that I finally realized what was happening.

    I distanced myself from him via a rotational program that sent me to another office. It never occurred to me to say anything. For anyone who questions the value of Human Resources in 2017, it was called just Personnel then and did little more than process tax forms. After I moved to the new department, the man called me a few times, showed up at my new office to “say hi” more than once, and invited me to lunch, parties, events, and a place he kept in Palm Springs long after he knew I would say no. He was older than me, and married to a woman at the time. He wrote me a nice letter of recommendation, which I shamelessly and selfishly used to get a future job.


    After I left California, he sent me occasional photos, often just in beachwear. A string of late night phone calls that woke me up, always with an apology that he’d mistaken the time difference – again – between California and the east finally made me realize who I was and what he was when he looked at me like a meal. I think my new-found hostility coupled with his growing boredom (perhaps there was a new intern?) convinced him to leave me alone.

    I never heard from him again after that last unwanted call. I have had no contact with him for decades, and I wonder if he would see this article if he’d even have any idea who I am.

    I don’t think of myself as a survivor, or anything like that. But some of my adult bitterness has roots in what happened. Nobody just walks away. I did learn a lot. I learned about fear and insecurity, and because I was ashamed of myself, I learned how to keep my mouth shut while for years people said to me in response to all sorts of terrible things in the news “Well, you don’t know what it feels like” when I did.

    I wrestled for some time with the idea that I had done something wrong – this took place in a world away when even in Hollywood people didn’t show all their cards to strangers, and some careful back and forth signaling was not uncommon if one party found another of the same sex attractive. Maybe I sent out the wrong signals, maybe I didn’t realize I had to say no unambiguously much earlier than I finally did. Maybe at some level I enjoyed the attention, drawing a line in my mind that didn’t exist in his between the non-sexual and sexual.

    The events of the past weeks brought all of this back from the dark place in memory where I had left it. I was able to make peace with myself long ago, but the complexity of emotions these days still surprised me.

    It took me a moment to pull his name forward, though his face came readily into my mind once I let that happen. Some Googling of a person I had not thought of for many years tells me he’s still in the movie business, doing well, though by no means an A Lister. You’ve heard of some of the projects he has worked on, and he is very active with charities. Turns out he played an important behind-the-scenes role in a TV series I really enjoyed watching with my kids when they were younger. He has some minor connections with the Democratic party. In the current climate, the story might make the news.

    If I say his name.


    I tried to think why it would make sense now to say who he is. If I said his name and Twitter caught it, I’d have a chance to tell everyone I did it for those who can’t stand up, to empower others, those things people seem to know just how to say now when the cameras come on. Maybe someone else would find comfort knowing they are not alone, but I really doubt the world needs my story to understand unwanted sexual attention is rampant. Maybe people would say I am brave and put me on a talk show. We don’t like to acknowledge it, but in 2017 there can be profit in being a victim, and sensationalism for its own sake is part of the world we live in.

    Who knows, maybe the guy would Tweet out an apology, say he was ashamed of his former self, explain he has since gotten help or something, though that would be for him and the people close to him. I certainly don’t need it for anything. Humiliation isn’t zero sum. His wouldn’t erase mine. There was never a chance of justice, not then and not now.

    I can only speak for myself in saying the only reason I could really come up with to “name and shame” this man now is revenge.

    Years ago he was in a position of power over me, and I convinced myself I had no choice but to put up with what was done. Times have changed, and in a way I’m now the one in power: he potentially has something to lose via my accusations while I have little to worry about in the current climate. I have the chance to use the power I have now to hurt him.

    So yeah, #MeToo. But if me, too, means doing to him what he did to me now that I finally can, then, no, not me, too.



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    Copyright © 2018. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

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