fox files

MOB RULE TAINTS KAVANAUGH CONFIRMATION

Smithtown, New York, resident arrested for threatening two United States senators,” a Department of Justice press release advised. “Defendant left multiple threatening voice-messages for two U.S. senators regarding the confirmation of Judge Brett Kavanaugh to the U.S. Supreme Court.”

It was just another example of unhinged craziness in a confirmation process turned into a media circus by the Senate Judiciary Committee’s minority party “leadership.” Ranking Democrat Dianne Feinstein threw an 11th-hour “Hail Mary” by introducing sexual assault allegations against the justice-elect. She withheld the information for weeks until she sensed the only play she had left was to try and derail the train. The accusations came from a Democrat college professor who seemed not to remember any details from an assault she says happened 36 years earlier except she was certain Brett Kavanaugh attacked her — even though no one else who she says was present remembers it happening.

Then a second woman came out of the woodwork to accuse Kavanaugh of exposing himself to her, with the caveat she had to call her friends to jog her memory, admitting to them she could not be certain it was him. And a third — one reportedly with plenty of skeletons in her own closet — accused Kavanaugh of facilitating gang rapes. Yet again no others, including her friends, seem to know what she’s talking about.

OVERLOADED BANDWAGON

Such tenuous allegations were enough for the media and all the Democrats to jump on the #IBelieveWomen bandwagon and make “Guilty until proven innocent” the benchmark for oxymoronic “progressive justice.” I could write a whole ‘nother post on innumerable cases of false accusations and how the mandate to automatically accept a woman’s word never seems to apply to those pointing at Hillary’s hubby, but for the sake of argument, I will digress on that one at this time.

“Kavanaugh bears the burden of proof,” Editor-in-chief of Lawfare and a senior fellow at the Brookings Institution Benjamin Wittes wrote in The Atlantic. “The question isn’t whether he can win confirmation — it’s whether he can defend against the charge he faces in a manner that is both persuasive and honorable.”

No. Here’s the real question:

Since when are accusations by those with the means, motive and opportunity sufficient to convict any American in the court of public opinion or anywhere else? It recalls the character Mayella Ewell from To Kill a Mockingbird, who falsely accused a black man of raping her. The burden of proof falling on an innocent, victimized defendant is what made the injustice in both cases so outrageously horrifying to people of conscience.

This is the stuff of lynchings and witch hunts. It is also the type of inflammatory rhetoric used to incite mobs. Is it any wonder, after the continual attacks from posturing Democrat leadership, main-stream media and hordes of social media bomb-tossing apparatchiks, we saw Kavanaugh lose control of his emotions? After being afforded full due process, of course …

A MIXED BAG (of nuts)

For now, gun owners are in a mood to celebrate. After all, Kavanaugh was presented to everyone by the National Rifle Association, Gun Owners of America and the Second Amendment Foundation as worthy of their support. But I believe he will possibly prove to be a mixed bag on guns.

“Kavanaugh argued (in dissent) that the District of Columbia’s ban on possession of most semi-automatic weapons and its registration requirement for all guns violated the Second Amendment,”

The National Review’s opinion doesn’t mean gun owners now have carte blanche to start overturning the status quo.

“Judge Kavanaugh’s text, history, and tradition methodology for Second Amendment cases will not please people who believe that all gun control is impermissible, nor will it please advocates who want to make the Second Amendment a second-class right,” attorney and author David Kopel notes. In essence, he was pointing out Kavanaugh won’t make either side completely happy.

He’ll be big on stare decisis (the doctrine of precedence in court decisions) and a damn site better than anything the Democrats would find acceptable, making him unpopular with the gun-grabbers who want it all, and a significant impediment to their agenda.

Democrats believe adding Kavanaugh to the Supreme Court makes continued Republican dominance in the legislative and executive branches a threat to be attacked using all weapons and tactics at hand. Ruth Bader Ginsburg is 85 and has suffered serious health issues. Stephen Breyer is 80, the average retirement age for the past 11 justices. A judiciary dominated for the foreseeable future by Republican appointments is the worst nightmare for “progressives,” assuming the judges don’t become turncoats and swampers like Warren, Brennan, Burger, Souter, Stephens, et. al.

“Expect the Democrats to pull out every filthy trick in the book to try and destroy Judge Brett Kavanaugh and bring pain to him and to his family,” It’s almost entirely predictable.

What’s wasn’t predictable is what happened during last November’s midterm elections, so we’ll see if enough gun owners are motivated to keep the momentum on the High Court going or if a predicted “Blue Wave” washes away their hopes.

Expect things to get “New York state of mind” ugly either way.