Definition of “Devil’s Triangle” Changed On Wikipedia To Make Kavanaugh’s Answer

As I discussed in yesterday’s earlier in a column, Sen. Sheldon Whitehouse (D., RI) going through the yearbook entries of Brett Kavanaugh was one of the most bizarre moments of confirmations in our history.  Whitehouse was attempting to undermine Kavanaugh’s account of not being a black out drunk or participating in sexual exploits at parties with his friends.  The hearing devolved into a discussed of the terms “boofing” and the “Devil’s Triangle.”  The terms are widely defined on the internet to mean anal sex and a threesome (with one male and two females).  Kavanaugh insisted that they meant farting and a drinking game.  That led many to question his veracity (I am thankfully ignorant of either term but I have come to realize that my high school and college years were monastic in comparison to most everyone else).  One person using a congressional computer however decided to try to add at least some support for Kavanaugh on the Internet by changing the definition on Wikipedia.  He or she only succeeded in causing a row that highlighted the controversy over Kavanaugh’s answers.

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The Kavanaugh Hearing Leaves Lingering Questions Over Representations Made To The Committee By Counsel

Yesterday’s Kavanaugh hearing left many questions on both sides, including the ultimate question of the alleged attempted rape of Dr. Christine Blasey Ford.  However, for lawyers, one exchange sticks out from a professional standpoint.  Ford was questioned why she delayed the hearing due to her alleged fear of flying and, more importantly, why she did not simply meet with committee staff in California.  Ford admitted that, while she does not like to fly, she does in fact routinely fly around the world, including frequent trips to nearby Delaware.  The most striking statement however was the suggestion that she was never told by counsel that she did not have to fly to Washington and the Committee was ready to fly to her — a prospect that she said she would have welcomed.  That left a lingering question of whether her counsel did not tell her of a material offer or whether she misrepresented the reason for her delay in speaking to the Committee.

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Meet Ryugu: Close Up And Personal

_103600101_mediaitem103600100Japan’s space agency (Jaxa) has released incredible images from its robot rovers of the asteroid Ryugu. I know that I go all squealy over NASA and space pictures, but this is amazing.  It is difficult to get one’s mind around the fact that we are looking at the surface of an asteroid that has been moving through space since before the advent of mankind.

 

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He Said, She Said, They Said . . .: Two Men Reportedly Claim That They Assaulted Ford

download-6In a new twist, Committee staff has reportedly interviewed two men who say that they were actually the two teens who may as assaulted Christine Blasey Ford in 1982 and not Judge Brett Kavanaugh.  It is not clear what further information will be released on this latest disclosure but it raises an obviously serious matter for both sides.  I remain leery of this lat minute leak and the lack of details — unfortunately a common element in this ongoing controversy.

 

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Merkely Files To Enjoin Kavanaugh Vote

Jeff_Merkley,_115th_official_photoSen. Jeff Merkley (D-Ore.) filed for an injunction in federal court to stop a final vote on Brett Kavanaugh.  The filing claims that the Republican majority is obstructing  his constitutional duty to give advise and consent on nominees.  The filing is entirely and utterly meritless.  It will be dismissed and is unlikely to receive a hearing on the claim.

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New Details Raise Serious Doubts Over The Credibility Of The Ford Polygraph

Leonarde_Keeler_1937.jpgThe passage of a polygraph by Christine Blasey Ford has been a key factor for many in believing her story — a fact cited by various members of Congress.  New details of the polygraph however have been released and some contradictions are being cited within Ford’s account. However, my main interest is the polygraph itself, which does not sound like any legitimate polygraph that I have encountered. I have handled a number of polygraph cases in my career and the description of these questions are nothing short of bizarre as a reliable test.

 

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Arizona Sex Crimes Prosecutor Hired To Question Ford and Kavanaugh

senate_large_sealThe Senate Judiciary Committee has announced the identity of the lawyer who will conduct the primary questions of both Dr. Christine Blasey Ford and Judge Brett Kavanaugh.  Rachel Mitchell, the sex crimes bureau chief for the Maricopa County Attorney’s Office in Phoenix, is someone with considerable experience in not such sex crimes but delayed sex crime prosecutions.  It is an unusual step for the Committee but not unprecedented.  Congress will hire outside counsel or allow counsel to question witnesses on some occasions, particularly at fact-finding stages.  I was hired a lead counsel to represent the United States House of Representatives in the successful challenge of the unilateral funding decisions of the Affordable Care Act by President Barack Obama. Continue reading “Arizona Sex Crimes Prosecutor Hired To Question Ford and Kavanaugh”

Turley To Speak At Brazosport 50th Anniversary Celebration

downloadToday I have the honor of serving as the keynote address at the celebration of the 50th anniversary of Brazosport College in Lake Jackson, Texas. I have previously spoken at the college which was selected as one of the top ten community colleges in the nation by the Aspen Institute. The Clute and Lake Jackson areas is also the location of the Ron Paul Institute.

The keynote is entitled “Unpacking the Supreme Court: History, Hierarchy and Headlines.” Continue reading “Turley To Speak At Brazosport 50th Anniversary Celebration”

Hirono’s Hedge: Kavanaugh Not Entitled To Presumption Of Innocence Due To His Ideological Views

440px-Mazie_Hirono,_official_portrait,_113th_CongressWith the addition of a second woman alleging sexual misconduct of Brett Kavanaugh, it is still not clear what factual disputes will have to be addressed before a final confirmation vote occurs in the Senate. Putting aside questions over late timing of the allegations, there is agreement that the Senate will have to consider both the allegations of Dr. Christine Blasey Ford and the new allegations of Deborah Ramirez. What is far more troubling is the continued disagreement on the standard that Senators should use in considering the allegations. While objecting that their Republican colleagues are not prepared to give the women an “impartial hearing,” various Democratic senators have declared (before any testimony is heard) that they believe Dr. Ford – and thus do not believe Judge Kavanaugh. That is troubling enough, but Sen. Mazie Hirono (D., HI) has introduced a far more troubling element in suggesting that she may decide the factual question on the basis of Kavanaugh’s jurisprudential views. Continue reading “Hirono’s Hedge: Kavanaugh Not Entitled To Presumption Of Innocence Due To His Ideological Views”

Insubordination Versus Obstruction: Has The New York Times Given Trump His Long-Sought License To Clean House At Justice?

Rod_Rosenstein_US_AttorneyBelow is my column in the Hill newspaper of the New York Times story alleging that Deputy Attorney General Rod Rosenstein spoke to this staff near the start of his tenure about secretly taping President Donald Trump and organizing a cabinet effort to oust Trump through the Twenty-Fifth Amendment.  Rosenstein denies the accuracy of the story and some have said that he discussed the possibility in jest.  The New York Times has responded by saying that it was clear that the comments were made seriously and not in jest.

It is still not clear what Trump will do despite many (including myself) arguing that he should not fire Rosenstein.  On Sunday, however, Trump told Geraldo Rivera that this was ultimately the fault of Attorney General Jeff Sessions (who selected Rosenstein) and that “we will make a determination” about what to do about the story.

Here is the column: Continue reading “Insubordination Versus Obstruction: Has The New York Times Given Trump His Long-Sought License To Clean House At Justice?”

And Then There Were Two: Another Woman Reportedly Has Come Forward To Accuse Kavanaugh

440px-Judge_Brett_KavanaughNews reports indicate that Democrats have been speaking with a second woman who is now prepared to accuse Judge Brett Kavanaugh of sexual assault.  The accuser is reportedly Deborah Ramirez, 53, and went to Yale at the same time as Kavanaugh.  She describes a bizarre scene of Kavanaugh exposing himself at a party in a dorm.  Ramirez admits that she was drunk and was previously uncertain if she could implicated Kavanaugh. Continue reading “And Then There Were Two: Another Woman Reportedly Has Come Forward To Accuse Kavanaugh”

Blind Justice or Blind Rage: The Kavanaugh-Ford Hearing and the Politics Of Belief

download-6download-7Below is my column in USA Today on the upcoming hearing on the allegations of Dr. Christine Blasey Ford against Judge Bret Kavanaugh.  There has been a strange disconnect as Democrats denounce Republicans for prejudging Ford or denying her an impartial hearing while they announced in advance that they believe her — and by extension they do not believe Kavanaugh.  While the Senate is not a court of law, both sides recognize that they are supposed to afford witnesses a fair and unbiased hearing, particularly when the subject is such a serious allegation as attempted rape.

Here is the column: Continue reading “Blind Justice or Blind Rage: The Kavanaugh-Ford Hearing and the Politics Of Belief”

Twenty-Two Million: Yale/MIT Study Doubles Prior Estimate of Illegal Immigrants In The United States

200px-Yale_University_Shield_1.svgdownload-9There has remained considerable debate over the number of illegal immigrants in the country — a figure that obviously has great import in our ongoing debate over immigration policy.  Now, Yale and the Massachusetts Institute of Technology have completed a study that that doubles the prior estimate of 11 million.  That figure was used to argue for the passage of amnesty legislation. However, the study finds that the actual number is roughly 22 million. Continue reading “Twenty-Two Million: Yale/MIT Study Doubles Prior Estimate of Illegal Immigrants In The United States”

Ford Agrees To Testify Next Week But Seeks Further Negotiation On Conditions

senate_large_sealAfter the Senate agreed to extend the last deadline on Friday to 2:30 today, Christine Blasey Ford has agreed to testify while seeking to continue to negotiate on some details with the Senate.  It is not clear how much progress has been made since Ford previously said she would testify but would not agree on the date or conditions.  Then she pulled back from that commitment while seeking conditions. Now she is saying again that she would testify but again asking for conditions and negotiations.

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Res ipsa loquitur – The thing itself speaks