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Kavanaugh’s Senate hearing isn’t a trial. The standard isn’t ‘reasonable doubt.’ - The Washington Post
Yes, Kavanaugh is entitled to fairness and impartiality. But when it comes to process, let’s be clear: If Ford testifies before the Judiciary Committee, if committee staffers interview her privately or if she puts her story on the official Senate record in some other way, senators aren’t tasked with measuring her accusation or Kavanaugh’s denial by the familiar “beyond a reasonable doubt” standard applied in criminal proceedings, or with rendering a verdict of guilty or not.
Rather, the purpose of Supreme Court confirmation hearings is to allow senators to provide “advice and consent” on the president’s nominees for the nation’s highest court. Whether or not there’s conclusive proof of the alleged assault, every senator is entitled to vote yes or no on elevating Kavanaugh from his current position as a federal appeals court judge to the pinnacle of American law based on their individual, subjective assessments of whatever testimony is provided. Senators also, properly, weigh their constituents’ views on the nominee and the testimony. Even if senators aren’t sure what, if anything, happened between Ford and Kavanaugh, if they think the accusation is probable, or even plausible, and decide that it’s too great a risk to put a maybe-sexual-assaulter on the high court, they’re entitled to vote no. If they believe that Kavanaugh lied under oath in answers to written or oral questions related to any part of the confirmation process, they’re entitled to vote no.

“If there is a doubt,” the late senator Robert Byrd (D-W.Va.) said when he voted against Thomas’s confirmation, “I say resolve it in the interests of our country, its future. Let’s not have a cloud of doubt for someone who will be on the court for many years.”
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yesterday by corrales
John Warner on Twitter: "So It looks like the whole damn thing is rotten to its core with lots of powerful, privileged people protecting each other from scrutiny or punishment. Of course we all know this has been going on, but it's rare that it's exposed
"So It looks like the whole damn thing is rotten to its core with lots of powerful, privileged people protecting each other from scrutiny or punishment. Of course we all know this has been going on, but it's rare that it's exposed quite this openly.John Warner added,

[quoting @sarahposner (https://twitter.com/sarahposner/status/1042782775168958464 ):
"'No accident' Brett Kavanaugh's female law clerks 'looked like models', Yale professor told students https://www.theguardian.com/us-news/2018/sep/20/brett-kavanaugh-supreme-court-yale-amy-chua
A top professor at Yale Law School who strongly endorsed supreme court nominee Brett Kavanaugh as a “mentor to women” privately told a group of law students last year that it was “not an accident” that Kavanaugh’s female law clerks all “looked like models” and would provide advice to students about their physical appearance if they wanted to work for him, the Guardian has learned.

Amy Chua, a Yale professor who wrote a bestselling book on parenting called Battle Hymn of the Tiger Mother, was known for instructing female law students who were preparing for interviews with Kavanaugh on ways they could dress to exude a “model-like” femininity to help them win a post in Kavanaugh’s chambers, according to sources.
]

What's interesting is how mundane all this is to the people inside the privileged spaces. This is just how things work for them, powerful men who get to prey upon women to varying degrees, with women who are granted admittance to that club willing to be some of the enforcers.

This is the meritocracy at work. As someone who has moved in meritocracy-adjacent spaces, but never joined, I've always known the meritocracy was total bullshit based on the people I knew who were inside it, but maybe, just maybe, the lid is being peeled back a bit.

I'm highly skeptical that these revelations will have any impact on the meritocracy, places like Yale/Harvard, the Supreme Court. Ultimately, these places are about power and no group in power has ever relinquished it willingly. The only alternative is to shift the locus of power

At the least, we should end the fiction that these privileged institutions are places of great wisdom or probity, rooted in enduring values. They're among the most corrupt places we have. Note this from the Guardian story about how Kavanaugh likes his female clerks to look.

[image: "Sources who spoke to the Guardian about their experiences with Chua and Rubenfeld would only speak under the condition of anonymity because they feared retribution and damage to their future careers."]

Those who are telling the truth know that to tell the truth publicly about the cesspool they're required to navigate would result in expulsion from the group. Next time someone says someone like Kavanaugh comes from the "best" places, remember it's more like the opposite.

The deep irony is that if all that these people are up to was truly known and exposed, a huge proportion of those coming out of these elite law schools would never be able to pass the American Bar Association's ethics requirement.

Here's how one of the court chroniclers of the meritocracy tries to thread the needle on the accusations. It should be embarrassing to commit this opinion into print, but to hold onto the perch, must placate the powerful while giving a sop to audience. https://www.washingtonpost.com/opinions/is-there-a-kavanaugh-doppelganger/2018/09/18/88418f52-bb86-11e8-a8aa-860695e7f3fc_story.html

I mean can we believe for even a second that this is Kathleen Parker's genuine opinion? How foolish do they expect us to be? Don't answer that. https://www.washingtonpost.com/opinions/is-there-a-kavanaugh-doppelganger/2018/09/18/88418f52-bb86-11e8-a8aa-860695e7f3fc_story.html

This Chua statement at the end of the Guardian article is an illustration of the self-reinforcing insularity of the meritocracy. In her mind, Kavanaugh only hires the most qualified clerks because so many are go on to the SC, as though the network of connections didn't matter.

[image: "The couple have hired a well-known crisis communications expert but he did not respond to specific questions from the Guardian about Chua’s remarks or the internal investigation.

In an emailed statement, Chua told the Guardian: “For the more than 10 years I’ve known him, Judge Kavanaugh’s first and only litmus test in hiring has been excellence. He hires only the most qualified clerks, and they have been diverse as well as exceptionally talented and capable.

“There is good reason so many of them have gone on to supreme court clerkships; he only hires those who are extraordinarily qualified. As I wrote in the Wall Street Journal, he has also been an exceptional mentor to his female clerks and a champion of their careers. Among my proudest moments as a parent was the day I learned our daughter would join those ranks.”"]

Consider the psychology underpinning this. Amy Chua is convinced she's helping identify the best, a very important perch, and it matters little that she may be perpetuating sexist and abusive practices as long as these people are reaching the heights of SC clerkships.

It's as thought success inside the meritocracy absolves all previous sins (if they were sins to begin with). If you achieve the spoils, who cares about who or what was damaged on the way? The connections to Chua's tiger mom-ing seem obvious.

Chua and her husband's championing of self-control is also interesting here. Apparently one of the things you're supposed to have self-control over is reporting potentially predatory behavior by powerful people. Chua new about Kozinski for years. Great ethics there.

In sum, those elite spaces are always going to be totally fucked up and if you want to play in those circles you figure out how to justify either tolerating and/or doing some fucked up shit. That we let these people run our most important and powerful institutions is a scandal.

When you hear that someone came out of an exclusive D.C. prep school, Yale undergrad and Yale law, we shouldn't be thinking how great they are, but instead wondering what kind of fucked up shit they've seen or done in order to navigate in such corrupt spaces.

Like a good way to trip up a Kavanaugh-type in an hearing would be to just say: Where did you and friends bury the drifter you hit with the car when you were driving home drunk from the Cape that one summer, and their eyes will go wide and they'll say, "How did you know?"

Now dreaming of a future where a big appointment is announced: Prep school educated, Yale undergrad, Yale law, Supreme Court clerkship, and the public knows to say, "Uh-oh."""
johnwarner  meritocracy  corruption  elitism  2018  privilege  brettkavanaugh  amychua  jedrubenfeld  collusion  politics  scotus  donaldtrump  ivyleague  law  legal  alexkozinski 
yesterday by robertogreco
Twitter
RT : This is a huge step forward! can now be legally used to in disputes in…
evidence  legal  Blockchain  authenticate  from twitter
3 days ago by roderik

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