General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsI think 3 or 4 Republicans will rise to the occasion...
..and request a delay to get a more thorough investigation. They could proceed in a couple of weeks, even though they would prefer to be campaigning to keep their jobs. Most believe this hearing is a big part of their campaigns.
To appoint Kavanaugh at this time would place a huge cloud over the Supreme Court. That would not be good for the Court or good for the country. I think 3 or 4 Republicans will put country over Party. At least, I hope so.
DemocratSinceBirth
(99,710 posts)irresistable
(989 posts)Eyeball_Kid
(7,432 posts)just to get Kavanaugh off the front pages and send him packing. He's been a pain in the ass with is incessant lying, and they know it.
Oh, but I'm probably naive and separated from the reality that the GOP is on an unalterable path to complete destruction and would welcome Kavanaugh on the SC, which would be the end of the Judicial Branch as we know it, the Constitution be damned. It's a short bridge from Citizens United to McConnell's denial of Garland to this moment in our brief history. Here we are.
Fullduplexxx
(7,863 posts)Coming up before scotus that will absolve them all of state crimes when the orange shtstain starts letting the pardons fly ... they need him for the 5th vote win
It's their prison time against your hope . Dems gave the cons all branches of government so I cant see anythimg stopping the cons if they decide ro just ram him through . This is all just theater
pangaia
(24,324 posts)And the new court session starts I think Oct 1 and that case is very soon.
Fullduplexxx
(7,863 posts)Nevilledog
(51,107 posts)Fullduplexxx
(7,863 posts)The justices decided to hear the case one day after Kennedy announced his retirement
A Supreme Court Case Could Liberate Trump to Pardon His Associates
Gamble v. United States isnt related to the Russia investigation. But the outcomewhich one senior Republican senator has tried to influencecould still have consequences for the probe.
https://www.theatlantic.com/politics/archive/2018/09/trump-pardon-orrin-hatch-supreme-court/571285/
A key Republican senator has quietly weighed in on an upcoming Supreme Court case that could have important consequences for Special Counsel Robert Muellers Russia investigation.
The Utah lawmaker Orrin Hatch, who sits on the Senate Judiciary Committee, filed a 44-page amicus brief earlier this month in Gamble v. United States, a case that will consider whether the dual-sovereignty doctrine should be put to rest. The 150-year-old exception to the Fifth Amendments double-jeopardy clause allows state and federal courts to prosecute the same person for the same criminal offense. According to the brief he filed on September 11, Hatch believes the doctrine should be overturned. The extensive federalization of criminal law has rendered ineffective the federalist underpinnings of the dual sovereignty doctrine, his brief reads. And its persistence impairs full realization of the Double Jeopardy Clauses liberty protections.
Within the context of the Mueller probe, legal observers have seen the dual-sovereignty doctrine as a check on President Donald Trumps power: It could discourage him from trying to shut down the Mueller investigation or pardon anyone caught up in the probe, because the pardon wouldnt be applied to state charges. Under settled law, if Trump were to pardon his former campaign chairman Paul Manafort, for examplehe was convicted last month in federal court on eight counts of tax and bank fraudboth New York and Virginia state prosecutors could still charge him for any crimes that violated their respective laws. (Both states have a double-jeopardy law that bars secondary state prosecutions for committing the same act, but there are important exceptions, as the Fordham University School of Law professor Jed Shugerman has noted.) If the dual-sovereignty doctrine were tossed, as Hatch wants, then Trumps pardon could theoretically protect Manafort from state action.
If Trump were to shut down the investigation or pardon his associates, the escape hatch, then, is for cases to be farmed out or picked up by state-level attorneys general, who cannot be shut down by Trump and who generallybut with some existing limitscan charge state crimes even after a federal pardon, explained Elie Honig, a former assistant U.S. attorney in New Jersey. If Hatch gets his way, however, a federal pardon would essentially block a subsequent state-level prosecution.
<<snip>>
But while Hatch has earned his bona fides in the arena of criminal-justice reform, the timing of his filing is nevertheless significant. For months, the Gamble case has been analyzed through the lens of the Mueller investigation, and Brett Kavanaugh, Trumps nominee to replace the retired Supreme Court Justice Anthony Kennedy, could be on the bench by the time the Court reconvenes this fall. The justices decided to hear the case one day after Kennedy announced his retirement.
Nevilledog
(51,107 posts)Gamble involves a case where a defendant was prosecuted for the exact crime from the same event in both State and Fed. Court.......Prohibited Possession of a Firearm. The Petitioner is asking the SC to overturn an issue that has been settled since 1959 when Abbate v. US was decided.
I invite you to read the government's brief
https://www.supremecourt.gov/DocketPDF/17/17-646/28031/20180116184058367_17-646%20Gamble.pdf
Even if Abbate was to be overturned the prosecutions could proceed in both State and Fed jurisdictions, they'd just have to divide up any crimes that relied upon the exact same elements for a crime arising from the exact same facts.
hogcard1964
(1 post)Not going to happen. They'll be a judiciary committee vote Friday afternoon. The longest the Dems could delay is one week and they've already used more than that from the original September 20th date. Once that is completed, he'll be fully confirmed on Monday.
lapfog_1
(29,205 posts)if one or more on the committee signal a no vote, the nomination will be pulled.
if all 11 vote to place it on the floor of the Senate and then 2 or more repukes signal that they will vote no, the nomination will be pulled.
if 50 signal that they will vote yes (and one or none will vote no), then at least 3 dems will vote yes.
Freestate_MD
(69 posts)Flake, I actually have more dim hope for than Murkowski or Collins. But it's a dim, faint hope and he is only one vote.
Zoonart
(11,867 posts)NOTHING!
There is a RICO case brewing against the RNC for laundering Russian money through the NRA into candidate coffers across the country. They need for their monster... oh yeah... the accused rapist they put in the White House, to have UNLIMITED pardon power. COUNT ON IT.
pangaia
(24,324 posts)That and the case about state pardons.
Fullduplexxx
(7,863 posts)BlueTsunami2018
(3,492 posts)That entire party is filled with gutless, soulless ghouls who couldnt care less about the country. Kavanaugh is the key to completing the coup and practically cements the transformation of the nation into a full on fascist oligarchy with an above the law executive.
But I hope youre right. My cynicism could use a little break.
hatrack
(59,587 posts)Instead, they're using a woman as a mouthpiece because that will be "less offensive".
Given that, what makes you think that any of them will have the guts to actually do something?
kentuck
(111,098 posts)Is it possible to think and hope at the same time??
WePurrsevere
(24,259 posts)Hope is what we have left to keep us fighting for a better future. If Kav is shoved down our throats it's that same hope, coupled with righteous anger, that will push us onward fighting for change.
rzemanfl
(29,565 posts)end of the rainbow.
kpete
(71,994 posts)rzemanfl
(29,565 posts)BeyondGeography
(39,374 posts)beachbum bob
(10,437 posts)is really about how bad the gOP is going to come off after the hearing today. They see the poll numbers. They understand they are underwater by 20% with women voters, 20% with independent voters and starting to break even with whit voters. All demographics that will NOT improve with this "hearing". Grassley and the GOP are being cornered to be forced to allow the FBI to do a proper vetting of allegations and once that happens, Kavanaugh is toast as I suspect we will see more women find the courage to step up.
This whole scenario was designed by getting Kennedy to "retire" so a Supreme Court nominee and conformation COULD BECOME a midterm election issue FOR REPUBLICANS.
This is blowing up in their faces BIG TIME like nothing else in the recent past.
Every democratic senator running for re-election in conservative states has now been the cover EVEN before the hearing before the hearing to say "no" to kavanaugh until a proper FBI investigation and background check is done AND ALL OF KAVANAUGH"S PAPERS are fully released to the committee. This position will NOT hurt them in the midterm election and may even garner MORE voters for them
Cracklin Charlie
(12,904 posts)Let it happen when the whole world is watching.
democratisphere
(17,235 posts)Oligarch donors, the wealthiest and their corporations and themselves. I still believe the GOP will railroad and plow this nomination through as quickly as they can. I hope you are right and I am wrong.
JHB
(37,160 posts)Various conservative factions are united in their desire to make the SC a solid conservative bastion. The pressure on them is very immediate, and the consequences don't loom nearly as close.
delisen
(6,043 posts)We need to aim for 66 non-Republican members-these will be Democrats, Independents, others
I don't see the Republican Party as redeemable, We need to help them become insignificant as a political force.
Major Nikon
(36,827 posts)A vote for Kavanaugh means the issue will be fresh on the minds of voters come election day and voters WILL be reminded of it. That's going to weigh heavily on those facing tough reelections.