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Coup d'Etat

Today the Trump party, formerly known as the GOP, scored a big one. They violated the democratic process, flagrantly, and it was a brutal takeover, but they scored one. I can only hope there still will be justice and that justice rights wrong.

No sooner was the fix in, they secreted their confirmed Supreme Court judge nominee Brett the Bart Kavanaugh into court and administered the oath. The rush to oath followed the rush to confirm. It all had an air of desperation and stealth like the Trump party was running from a crime scene, making a mad dash with hundreds of American Bar Association lawyers and leaders; hundreds of thousands of church leaders and parishioners; and millions of Americans at their heels, not to speak of journalists at major newspapers and media outlets, arguing that Brett the Bart Kavanaugh did not qualify to be seated on the Supreme Court. 

Trump party members like McConnell, Grassley, Graham, Hatch, and a woman, Collins, and all the rest ran away with the judicial nomination and confirmation process, jumping over casualties as they fled the scene. This, of course, is a metaphor for the disregard, disrespect, and outright harm to a multitude of sexual violence survivors whose experiences of violence and betrayal were retriggered during public testimonies concerning allegations of sexual assault against the nominee. To top it off, the "President" emotionally battered sexual violence survivors generally when he mocked Dr. Christine Blasey Ford at rallies. The Trump party, of course, gave him a pass. He is a batterer, a sexual abuser of women, and he, too, has committed sexual assault, and so this makes Trump party members complicit.

Let me clarify that I am not writing this to construct an argument that allegations of sexual assault brought against Kavanaugh by several women, nor even testimony by people who have known him well of his heavy boozing and sloppy and aggressive behavior while drunk were sufficient without investigation and evidence to keep him off the court. The problem is the Trump party did not release records, did not allow a thorough FBI investigation, and thus, they steamrolled over a democratic process to put their conservative partisan judge on the bench. The allegations became a piece of a much larger picture of democratic process violations and serious systemic abuse. 

Kavanaugh committed perjury. He lied under oath to the Senate. Many people who knew him attested to his lying under oath but the Trump party ignored these people. Kavanaugh became openly intemperate, belligerent, and manifested his partisanship in hearings. While these traits have become the new norm in politics because Trump lies every day, and so do Trump party legislators, lying will never be right, especially when its main purpose is the abuse of power. The federal government is in crisis because the Trump party is corrupt, and this has plunged the Supreme Court, the government, and so, the country into crisis. This is the point that underscores all the other infringements and breaches and probably crimes that were committed by the Trump party in rushing their partisan judge to the bench.

To my point that Kavanaugh is partisan: it became apparent as the process became embroiled in the allegations of sexual assault that Kavanaugh was neither honest nor nonpartisan but that worst of all he had been sworn to some kind of loyalty to the Trump party. Trump has, we know, asked in the past for loyalty from others in separate branches of government. When after the allegations of sexual assault Kavanaugh went on television to give an interview to the infamously conservative Fox news,  Trump criticized him for having appeared "wooden." How interesting that during the time between the Fox news interview and his televised testimony denying the allegations his demeanor and approach radically changed and Trump would soon be commending him for the way he "came out fighting," as it was described in the news. I can only begin to imagine the coaching that occurred between public appearances to make this man into a Trump-like madman so Trump would approve.

On to the FBI investigation: when in a pivotal moment prior to a procedural vote the Senate Judiciary Committee consented to a restricted FBI investigation to follow up on sexual abuse allegations, a big portion of the public seemed to let out a sigh of relief. Others saw and some wanted to see the Trump party ploy as evidence of democratic process. But the FBI investigation was a ruse, and the cursory report was literally kept in a vault. This is in keeping with the concerted effort made by the Trump party to keep copious records on the nominee concealed from Senate Democrats and from the public. That is a violation of our right to know and participate in the democratic process, and it can certainly result in thinking there was a lot to hide.  

I have been watching, obviously, as the Trump party, for God knows what all reasons, be they money deals and the elixir of power primarily, got away with more crimes, this time of rushing through nomination and confirmation to the Supreme Court a partisan judge for the purpose of conservative policy creation, for the purpose of interpreting and tuning law that impacts policy, and probably also for the purpose of compounding and extending the power of the Trump party.

They did this at great pain to women especially, in particular to women victims and survivors of sexual violence. Trump himself has exhibited hate-motivated ideology-driven politics, inciting the part of his base comprised of uneducated white male extremists to act out their hatred. Trump has from the beginning of Presidential candidacy made racist remarks and taken racist-based actions. His hatred-filled abuse and incitement has spread like a malignancy from the public emotional abuse and humiliation of people of ethnic minorities, poor folks, and people already at risk, to all women already at risk. He appears to enjoy kicking vulnerable people when they're down. If there's backtalk, in the form of media coverage, he comes back with more. And some Trump party lackeys, older white males, are mimicking his misogynistic talk and action. Others are overlooking it. This is treachery we ignore at our peril.

Many people who are concerned may be ignoring or dismissing what's happening either because it is brutal, painful, and extremely difficult to be battered and fight to confront it, especially when it is coming from our own theoretically participant-driven government. Or, people are duped. Or they are simply baffled. Sometimes abuse just doesn't seem real because victims can't imagine such evil behavior. One thing is sure: the only way out of abuse is through. Confronting the hideous is critical. Abusers are ravenous for power because without it they feel they are nothing. As long as they cannot find their own souls, they will never stop needing power and control. The Trump party has become blatantly unapologetic about their abuse of power. Party members are following Trump's lead. Whether he is a malignant narcissist or not does not seem to matter (and while I may be far afield in this discussion I am not suggesting this is a clinical diagnosis of Trump's malignant narcissism).

In summary, the Trump party has breached the democratic process and trampled on us and on our right to participate in the process of ensuring an impartial and balanced Supreme Court judiciary. A nonpartisan judiciary is a crucial component of our government because it ensures fair laws, not laws that enable one individual and party to make laws they favor and that favor them and their wealthy supporters, families, and allies. A one-sided court can and will create policy, and interpret and tune laws that favor certain people over others. The violation of process that brought us to this point is a violation of the very principles and promise of our Constitution, principles of equality and the promise of freedom.

A final statement about the nominee who has been virtually smuggled into the highest court of the land. I know he has not the integrity to be there because if he had he would have removed himself from the process for at least a couple of reasons. The process by which he got to the court violated our rights. Second, the Trump party is using him. A judge with integrity, knowing what he knows about Constitutional principles and guarantees of freedom would not ride to a position on the court by violating the process to get there. Neither would he permit the Trump party to use him. But this judge was for sale. The Trump party owns him as surely as big business and the elite rich here and abroad own Trump and the party. And like them, he probably doesn't care. Just getting to where his ambition drove him--this was the only goal. It mattered not what truths or victims or survivors the Trump party trampled on the way, what freedoms and principles of freedom were negated in the process. The only goal was to get there. The Trump party got drunk on power and now all that matters is more power to drink.


I am posting a link to a blogpost that provides important context to the political gamesmanship of these recent days. I am grateful to have found a link to this article in the Twitter feed of Harvard University Faculty Member Laurence Tribe. Obviously neither he nor the author of the blog post linked below, Jack Balkin, are in any way responsible for any of the content in this, my blogpost, with the exception that I reflected on my own experience here in tandem with having read a more comprehensive view they provided.

<https://balkin.blogspot.com/2018/10/constitutional-rot-reaches-supreme-court.html>

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