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Old 09-29-2018, 7:33am   #1
99 pewtercoupe
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Default About that letter from the ABA...

Letter from ABA requesting delay and FBI investigation was from the president of the ABA (a HRC supporter) but not authorized or even communicated to the committee that made the original recommendation. The head of that committee has now responded that their original recommendation stands. Lets see if this development gets as much coverage as the original letter.

Meanwhile, Democrats also received an in-kind political contribution Friday from the head of the American Bar Association, who sent a letter to the Senate calling for an FBI probe and delay. “The basic principles that underscore the Senate’s constitutional duty of advice and consent on federal judicial nominees require nothing less,” wrote Robert Carlson. Surely it’s a coincidence that Mr. Carlson, according to campaign-finance records at, was a donor to Hillary Clinton.

Mr. Carlson wants to give the impression that the ABA is walking away from its previous expansive praise for Judge Kavanaugh. The ABA has a Standing Committee on the Federal Judiciary that reviews nominees, and on Aug. 30 it gave Judge Kavanaugh its highest rating.

This included a glowing report on his character and competence. Dozens of law professors reviewed his writings. Comments were solicited from 471 judges, lawyers and academics. This material was collated into 1,635 pages.

The ABA committee then voted unanimously that Judge Kavanaugh is “well qualified” for the Supreme Court. Its final report quotes unnamed colleagues and observers: “His integrity is absolutely unquestioned.” “He is what he seems, very decent, humble, and honest.” “He is just the best—brilliant, a great writer, fair, and he is open-minded.”

Mr. Carlson is not a member of that committee, and he is not supposed to speak for the ABA unless the legal group has made a policy decision. In this case he is trying to sandbag his own ABA colleagues. Paul Moxley, the Utah lawyer who chairs the ABA’s judicial committee, made that clear on Friday when he wrote to the Senate Judiciary Committee that Mr. Carlson’s letter “was not received” by his ABA committee “prior to its issuance.” Mr. Moxley added: “The ABA’s rating for Judge Kavanaugh is not affected by Mr. Carlson’s letter.”

In other words, Mr. Carlson is free-lancing for partisan purposes and the Senate should ignore him. For the rest of us, however, this is one more reason to bar the ABA from any judicial vetting. Some of us still remember the ABA’s shoddy treatment of Robert Bork and Clarence Thomas.

Sooner or later Republicans have to recognize all of this for the political charade it is. Democrats don’t want to find the truth. They want to delay a vote, destroy Judge Kavanaugh’s reputation in the meantime, win Senate control in November and then leave the Supreme Court with an empty seat through 2021.

If the Senate now wants to give the FBI one more week, Mr. Flake and Ms. Murkowski should spend it getting used to the idea that Mr. Kavanaugh can’t prove that something didn’t happen. They’ll have to vote anyway.

Appeared in the September 29, 2018, print edition.
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Old 09-29-2018, 9:23am   #2
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I'm gonna reserve my judgement until I hear the opinion of the AHBA.*

*American Honkytonk Bar Association

With apologies to Garth Brooks.
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