Let me be clear once again! If I sat in the Oval Office, I would not have nominated Judge Brett Kavanaugh to be the next Supreme Court “conservative” justice to sit in the chair of retired “lukewarm conservative” Justice Anthony Kennedy. It is hard for me to get excited and call Kavanaugh a “true conservative” when in one of his prior opinions, in a case I had successfully litigated at the lower court level, Klayman v. Obama, he nullified preliminary injunction orders that had put a stop to illegal and unconstitutional mass surveillance, without probable cause, against hundreds of millions of Americans. Kavanaugh found “no problema” with this Orwellian violation of the Fourth Amendment.
Why did Kavanaugh make this ruling, when his two fellow judges on the U.S. Court of Appeals for the District of Columbia Circuit – both Obama and Clinton appointed lefties, no less – simply had found that the preliminary injunctions were moot, given the passage of the USA Freedom Act, which Congress passed after my court victories to try to remedy future illegal spying.
Lo and behold, during the initial confirmation hearings it was learned that Kavanaugh had, during his days in the George W. Bush White House, contrary to his earlier misleading sworn testimony, helped craft the president’s secret executive orders that were the precursors to later President Obama’s even more-pronounced illegal mass surveillance.
At the time Kavanaugh issued his opinion, I did not fully comprehend his motivation, other than that he is a product of the Washington. D.C., Republican establishment, which for the most part has little problem with unbridled police power. But with this new revelation, it dawned on me why Kavanaugh had gone beyond his two leftie colleagues on the appellate panel. The answer is simple. Kavanaugh, realizing that he was likely to be one of the top picks for the Supreme Court if the nation elected a Republican in 2016, was covering his judicial tracks for the spying illegalities he had helped craft and then furthered in the Bush White House.
That is why, in a nutshell, I was more than disappointed when President Trump nominated him to the Supreme Court, and I was not the only one. Judge Andrew Napolitano, a civil libertarian like myself, sent me a text one Saturday morning while I was working out in the neighborhood gym, confiding that he had read the president the riot act about appointing a judge so disrespectful of the Fourth Amendment and its prohibition against unreasonable searches and seizures.
But President Trump nominated Kavanaugh anyway, largely as a result of a huge lobbying effort by the jurist’s establishment Republican friends, led by Trump White House Counsel Don McGahn, the likes of whom he has sucked up to and cultivated over his career. Kavanaugh, a product of Georgetown Preparatory, a feeder school to Ivy League Yale, where Kavanaugh obtained his undergraduate and law degrees, this “preppy” son of a wealthy Republican “country club family” in the fashionable D.C.-Maryland suburbs, whose mother is also a judge, used his insider privileged elite status to cultivate the self perceived and anointed Republican nobility in our nation’s capital.
Having fought the elite establishments of both political parties during my now 41-year legal career at Judicial Watch and now Freedom Watch, both of which I founded, I stress that this Yale preppy who cooked his mass-surveillance decision to cover his political derriere obviously is not my type of guy for the Supreme Court. However, when he was viciously attacked by Democrats and their rabid leftist allies, I actually pivoted a bit and became somewhat sympathetic. The same Bolshevik tactics used against Kavanaugh have been used against many other conservatives, including yours truly, by radical feminists and other leftists who not only detest activists like me but also President Trump, whom I strongly support.
And, it was clear to me that if Kavanaugh went down and was not ultimately confirmed, given that Republicans may lose control of the Senate in the mid-term elections, President Trump may not get another chance to fill the Supreme Court seat of Justice Kennedy with a conservative constitutionalist.
So as I watched Thursday’s hearing intently, I was struck by Kavanaugh’s coming of age. Never before in his privileged and sheltered life, had this legal caterpillar, now through adversity and vicious smears, been forced to crawl out of his cocoon into the mean real world, after a 53-year lifetime of being walled off from combat at street level.
While I questioned the wisdom of Kavanaugh having gratuitously conceded that professor Ford likely was sexually assaulted but by someone else, which is akin to being a little bit pregnant as it goes halfway to confirm the victim’s credibility, I was also struck by his having uncontrollably broken down in tears during particularly emotional parts of his testimony. Kavanaugh was almost like a young school boy who was caught by the principal and about to be suspended for his misdeeds. Ironically though, while not helping with his credibility, this not only evoked more of my sympathy, but also reaffirmed that the jurist had never really before in his privileged and sheltered life experienced real adversity.
And, I thought that in the end, if Kavanaugh is confirmed as the next Supreme Court justice – and for better or worse at this late point I hope that he is, lest the Dems get to effectively water down the president’s pick down the road – at least he had been tempered under fire to appreciate what many in our society have lived: not an easy life. This experience will make him a better Supreme Court justice, as he is now hopefully more aware of those Americans who were not born with a silver spoon in their mouths and did not have the “privilege” of going to Georgetown Preparatory and Yale, where cavorting around stupidly drunk was seen as an uber he-man and elitist “rite de passage”!
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