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kentuck

(111,098 posts)
Thu Sep 27, 2018, 09:13 AM Sep 2018

I 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.

29 replies = new reply since forum marked as read
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I think 3 or 4 Republicans will rise to the occasion... (Original Post) kentuck Sep 2018 OP
I hope and pray you are right but fear you are wrong. DemocratSinceBirth Sep 2018 #1
I think that they will force an up or down vote. irresistable Sep 2018 #2
Some GOPers are so disgusted with the process that an up or down vote would be a relief, Eyeball_Kid Sep 2018 #13
Hope is different than think. The cons fall in line . The cons have a case Fullduplexxx Sep 2018 #3
THAT is exactly what I was going to post. Glad I saw your post 1st. pangaia Sep 2018 #8
Yes that is why the cons refer to this as coming at the 11th hour Fullduplexxx Sep 2018 #22
That is wrong. Gamble v. US does no such thing. Nevilledog Sep 2018 #14
Here you go Fullduplexxx Sep 2018 #24
That is an incorrect analysis. Nevilledog Sep 2018 #27
I think 3 or 4 Republicans will rise to the occasion... hogcard1964 Sep 2018 #4
we will never know how many lapfog_1 Sep 2018 #5
Well, I fear the worst but one R, Freestate_MD Sep 2018 #6
NOTHING will keep them from putting this accused rapist on the highest court of the land. Zoonart Sep 2018 #7
YUP. That is the bottom line. pangaia Sep 2018 #10
Gamble v u.s. Fullduplexxx Sep 2018 #25
I don't see it. BlueTsunami2018 Sep 2018 #9
They don't even have the courage to ask questions themselves . . . . hatrack Sep 2018 #11
Obviously, I am in the minority here... kentuck Sep 2018 #12
I cling to hope too. Trump opened up Pandora's Box, WePurrsevere Sep 2018 #17
I had the same thought this morning when I was riding my unicorn to the pot of gold at the rzemanfl Sep 2018 #15
well said rzemanfl kpete Sep 2018 #19
Thank you. I have grown tired of just calling Repukes lying motherfuckers. n/t rzemanfl Sep 2018 #20
That's what Obama said for eight years BeyondGeography Sep 2018 #16
trump offered a retreat by saying now perhaps we should listen to what ford has to say. The issue beachbum bob Sep 2018 #18
If there were to be such a thing... Cracklin Charlie Sep 2018 #21
redumbliCONS only care about their American (and maybe russian) democratisphere Sep 2018 #23
I hope you are right but would decline to bet that way JHB Sep 2018 #26
Impeachment will need 66 votes in Senate delisen Sep 2018 #28
It's more likely they will put their own careers over everything else Major Nikon Sep 2018 #29

Eyeball_Kid

(7,432 posts)
13. Some GOPers are so disgusted with the process that an up or down vote would be a relief,
Thu Sep 27, 2018, 09:28 AM
Sep 2018

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)
3. Hope is different than think. The cons fall in line . The cons have a case
Thu Sep 27, 2018, 09:17 AM
Sep 2018

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)
8. THAT is exactly what I was going to post. Glad I saw your post 1st.
Thu Sep 27, 2018, 09:23 AM
Sep 2018

And the new court session starts I think Oct 1 and that case is very soon.

Fullduplexxx

(7,863 posts)
24. Here you go
Thu Sep 27, 2018, 10:26 AM
Sep 2018

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 isn’t related to the Russia investigation. But the outcome—which one senior Republican senator has tried to influence—could 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 Mueller’s 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 Amendment’s 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 Clause’s liberty protections.” 

Within the context of the Mueller probe, legal observers have seen the dual-sovereignty doctrine as a check on President Donald Trump’s power: It could discourage him from trying to shut down the Mueller investigation or pardon anyone caught up in the probe, because the pardon wouldn’t be applied to state charges. Under settled law, if Trump were to pardon his former campaign chairman Paul Manafort, for example—he was convicted last month in federal court on eight counts of tax and bank fraud—both 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 Trump’s 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 generally—but with some existing limits—can 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, Trump’s 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)
27. That is an incorrect analysis.
Thu Sep 27, 2018, 10:40 AM
Sep 2018

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)
4. I think 3 or 4 Republicans will rise to the occasion...
Thu Sep 27, 2018, 09:20 AM
Sep 2018

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)
5. we will never know how many
Thu Sep 27, 2018, 09:20 AM
Sep 2018

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)
6. Well, I fear the worst but one R,
Thu Sep 27, 2018, 09:21 AM
Sep 2018

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)
7. NOTHING will keep them from putting this accused rapist on the highest court of the land.
Thu Sep 27, 2018, 09:23 AM
Sep 2018

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.


BlueTsunami2018

(3,492 posts)
9. I don't see it.
Thu Sep 27, 2018, 09:23 AM
Sep 2018

That entire party is filled with gutless, soulless ghouls who couldn’t 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 you’re right. My cynicism could use a little break.

hatrack

(59,587 posts)
11. They don't even have the courage to ask questions themselves . . . .
Thu Sep 27, 2018, 09:26 AM
Sep 2018

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?

WePurrsevere

(24,259 posts)
17. I cling to hope too. Trump opened up Pandora's Box,
Thu Sep 27, 2018, 09:33 AM
Sep 2018

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)
15. I had the same thought this morning when I was riding my unicorn to the pot of gold at the
Thu Sep 27, 2018, 09:29 AM
Sep 2018

end of the rainbow.

 

beachbum bob

(10,437 posts)
18. trump offered a retreat by saying now perhaps we should listen to what ford has to say. The issue
Thu Sep 27, 2018, 09:33 AM
Sep 2018

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

democratisphere

(17,235 posts)
23. redumbliCONS only care about their American (and maybe russian)
Thu Sep 27, 2018, 10:22 AM
Sep 2018

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)
26. I hope you are right but would decline to bet that way
Thu Sep 27, 2018, 10:28 AM
Sep 2018

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)
28. Impeachment will need 66 votes in Senate
Thu Sep 27, 2018, 11:39 AM
Sep 2018

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)
29. It's more likely they will put their own careers over everything else
Thu Sep 27, 2018, 11:41 AM
Sep 2018

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.

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