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Chatting With Bernie Sanders About a Looming Financial Crisis Print
Thursday, 04 October 2018 12:43

Taibbi writes: "Ten years ago, George W. Bush signed into law the Troubled Asset Relief Program, better known as the TARP bailout. The rescue forked over $700 billion of taxpayer money to bail out giant Wall Street banks that were already too big, and were about to get bigger."

Senator Bernie Sanders. (photo: Andrew Harrer/Bloomberg)
Senator Bernie Sanders. (photo: Andrew Harrer/Bloomberg)


Chatting With Bernie Sanders About a Looming Financial Crisis

By Matt Taibbi, Rolling Stone

04 October 18


The Vermont Senator just stood up to Amazon — but what about those Too Big To Fail banks?

en years ago, George W. Bush signed into law the Troubled Asset Relief Program, better known as the TARP bailout. The rescue forked over $700 billion of taxpayer money to bail out giant Wall Street banks that were already too big, and were about to get bigger.

On Wednesday, Sen. Bernie Sanders (D-VT) and Rep. Brad Sherman (D-CA) introduced new legislation on TARP’s anniversary. It is aimed at the central, still-unaddressed issue of the last disaster: the ungovernable size of the country’s biggest banks.

Dubbed the “Too Big to Fail, Too Big to Exist” act, the Sanders-Sherman bill revolves around a simple concept: If a bank controls assets that collectively represent more than 3 percent of the country’s GDP, or about $584 billion, it has to shrink or be broken up.

“We bailed these banks out ten years ago because they were ‘Too Big To Fail,’” Sanders tells Rolling Stone by phone. “Now it turns out that our four largest financial institutions — J.P. Morgan Chase, Bank of America, Wells Fargo and Citigroup — are on average 80 percent bigger than they were before we bailed them out. That’s not right.”

Banks have long been a focus for Sanders, who is hoping to use new tactics to take on old foes. He has been experimenting with the use of public pressure and journalism-like tactics — including the launch of a series of video testimonials about workplace conditions at companies like Disney and Amazon — to try to augment legislative efforts at reform.

Recent successes on that front have Sanders in a good mood. Just a month after being blasted by Amazon for “misleading accusations” and triggering a national controversy that saw much of the pundit class, along with Democrat-aligned think tanks, take Amazon’s side in the labor debate, he watched as the retailer this week appeared to capitulate, announcing a $15 minimum wage across U.S. operations.

“Look, at the end of the day, you rally public opinion, you force people to have to do the right thing,” says Sanders, who has spoken openly in the past about his frustration with the slow pace of change on the Hill.

It’s hard to understate just how much bank concentration has eaten at Sanders over the years. Beginning decades ago, the administrations of both Republican and Democratic presidents embarked on a series of policies intentionally designed to consolidate financial power.

The first major move on this front was the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994. This law torpedoed restrictions on opening bank branches across state lines. These rules dated back to the McFadden Act of 1927, passed specifically with the idea of preventing financial concentration.

Signed into law by Bill Clinton, Riegle-Neal helped usher in the era of giant national banks. By 2016, Americans had 57 percent fewer FDIC-insured banks than they had in 1994. Sanders cast the only “no” vote against Riegle-Neal on the House Financial Services Committee.

The next major move was the Gramm-Leach-Bliley Act, better known as the repeal of the Glass-Steagall Act. A post-1929 safety measure passed in FDR’s day, Glass-Steagall prevented the mergers of insurance companies, investment banks and commercial banks.

The ostensible justification for the repeal of this historically successful reform was that such restraint was no longer necessary. Moreover, the creation of “supermarket” financial institutions was needed to keep America competitive with giant “universal” banks in Europe and Asia.

In reality, Gramm-Leach-Bliley was passed to retroactively legalize the Citigroup merger, which had brought Travelers Insurance, Salomon Smith Barney and Citibank under one roof. That deal had been struck before Glass-Steagall was even repealed in 1998.

In one of the all-time revolving door atrocities, then-Treasury Secretary Bob Rubin, who helped push through the deal, later took a job with Citigroup and earned over $100 million as a “senior adviser” over the course of about a decade.

This early effort at banking concentration had Sanders even back then thinking about possible bailouts. In an examination of then-Fed chief Alan Greenspan in 2000, Sanders asked why any regulator would approve placing so many assets under one roof.

“Are you concerned about such mergers as Travelers Insurance and Citicorp when they form a company with assets of almost $700 billion?” Sanders asked. “What happens if they fail? Who in God’s name is going to bail them out? Are you concerned about that?”

Greenspan characteristically demurred. “We do not believe that in the event that it turns out that a substantial institution fails that they should be bailed out,” he said.

About the same time, future Treasury Secretary and then-CEO of Goldman Sachs Hank Paulson began lobbying for the relaxation of the so-called net capital rule, which ostensibly barred investment banks from borrowing more than 12 dollars for every one they actually had.

Within four years, the top five investment banks were meeting with the SEC to press for this change, and soon achieved it. Although the actual impact of the net capital rule change has been hotly debated, what’s not in question is the fact that by 2008, debt-to-equity ratios on Wall Street hovered around 33 to 1.

Of the five investment banks that pressed for the changes in 2004, three of them (Bear Stearns, Merrill Lynch and Lehman Brothers) would be dead within four years.

When the big crash happened in September 2008, most of the economic world focused on crafting a rescue to “stabilize” the economy. Sanders, however, honed in on the fact that any state-aided mergers and rescues would likely continue the dangerous concentration trend. As far back as September 17th, 2008, in fact, he complained on the floor of the Senate that any rescue of Wall Street that didn’t include mandated breakups would leave the underlying problem unaddressed.

“This country can no longer afford companies that are too big to fail,” he said back then. “If a company is so large that its failure would cause systemic harm to our economy, if it is too big to fail, it is too big to exist … We need, as a Congress, to assess which companies fall in this category … Those companies need to be broken apart.”

By that time, however, officials in the Federal Reserve and George W. Bush’s Treasury Department — including, notably, Paulson, who by then was Bush’s Treasury Secretary — had already moved in another direction.

They’d begun concocting a rescue plan, the chief characteristic of which was to double- or triple-down on the concentration narrative, using public funds to make dangerously large financial firms even bigger and more powerful.

This brand of rescue would continue in the next administration. Barack Obama’s chief bailout architect, Treasury Secretary Timothy Geithner, had also been involved in the Bush rescues as head of the New York Fed, and had been a protégé of Rubin in the Clinton Treasury.

When Bear Stearns teetered, Geithner and other officials used Fed funds to help stuff the mess into the balance sheet of JP Morgan Chase. Later, when Merrill Lynch failed, it was folded into Bank of America. Bailout recipient Wells Fargo was prodded to swallow the toxic disaster over at Wachovia. The FDIC seized another basket case, Washington Mutual, and crammed it into Chase for a bargain price, with the state eating much of the loss.

These shotgun weddings had the immediate impact of preventing further meltdowns, but everyone knew that the longterm impact would be to further concentrate economic and political power.

For some, this created a major safety issue, as this kind of concentration virtually assures that future bailouts will be necessary. Even former TARP administrator (and Goldman banker) Neel Kashkari estimated as recently as this summer that the likelihood of a future bailout was 67 percent, absent some kind of effort to address Too Big To Fail.

For Sanders, however, the extreme concentration of economic power is a problem even if there isn’t another collapse in the next 10 minutes.

“It’s a movement to an oligarchy in this country,” he says. “Are we comfortable as a nation with a situation in which six financial institutions have assets equivalent to 54 percent of the GDP? What kind of economic power is that, what kind of political power is that?”

When work began in the summer of 2009 on the Dodd-Frank financial reform act, which was to be the signature legislative response to the crisis, everyone with a brain on the Hill knew two things.

First, the by-far biggest problem that needed to be addressed was the Too Big To Fail issue. And second, any meaningful effort in that direction would be a complete political non-starter.

Not only did the banks still own so much of Congress that such a move could never pass, but the government had long ago stepped away from its mandate to break up dangerous concentrations of corporate power.

“We don’t do [antitrust] anymore as a nation,” Sanders says.

Still, there have been scattered efforts to address the issue of economic concentration. Sanders issued his first attempt at a bill to break up the banks in November 2009. Senators Sherrod Brown of Ohio and Ted Kaufman of Delaware also introduced an amendment to Dodd-Frank that mandated breakups of over-large companies based on simple, numerical caps.

That bill was walloped in the Senate, 61-33, with 27 Democrats voting against it, often using some version of a “size doesn’t matter” argument. “Size is not the appropriate restriction,” is how Virginia Democrat Mark Warner put it.

Brown, Sanders and California’s Sherman over the years kept at it, introducing different proposals to target Too Big To Fail banks. A consistent problem with these efforts has been a lack of support within the Democratic Party, whose economic policies have been dominated by the same Rubin-Geithner-Lawrence Summers Wall Street-friendly ideology (what one financial analyst friend of mine deems the “Rubino crime family”) for two-and-a-half decades now. It will require massive voter repudiation of these ties on the Democrat side to even begin to take real action on these ideas.

Sanders has been consistently ripped by Democrats for his bank-breakup concepts. During the 2016 campaign, when the official position of the party and the Clinton campaign was that shadow banking had caused the crisis, Barney Frank went so far as to pen an editorial for the Washington Post saying “Too Big To Fail is an Empty Phrase.”

Pundits piled on. The Financial Times claimed Sanders had “struggled to articulate how” he would go about a breakup, and claimed Fed reports had described the banking system as safer since Dodd-Frank. Slate said it was “hard to take Bernie Sanders seriously” on this issue.

Today, however, Sanders feels like he has a new weapon in the effort to bring about change on matters the public cares about. Amazon represents an example of how his office feels it can bypass the logjam both on the Hill and in the press, and take issues directly to the public.

“We changed the office around to a television station, Sanders Broadcasting,” he says, laughing. “You know, we do our agitation and we rally people.”

Sanders wants to use these tools to make the concentration of financial power among certain companies a leading issue for Democrats heading into the 2020 election season. The new bill would affect the six richest banks in the country — JP Morgan Chase, Citigroup, Wells Fargo, Goldman Sachs, Bank of America and Morgan Stanley.

“We’re going to have to reeducate people,” Sanders says. “This is the ten-year anniversary of economic calamity that resulted in millions of peoples lives being radically altered for the worst. Losing jobs, losing their homes, losing their life’s savings. It was a cataclysmic impact on our entire society.”

He adds: “We think that breaking up any financial institutions [that have] assets of more than 3 percent of GDP — which is about 580 billion dollars — is the right thing to do. It’s what should have been done a long time ago.”

Looking back at the catastrophe of three decades of concentration, it’s hard to conclude that he’s wrong. At the very least, the public is likely to agree with him on this score. Let’s hope that this time around, the Democrats realize this in time for the presidential election.

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FOCUS | Dear Christine Blasey Ford: You Are a Welcome Earthquake Print
Thursday, 04 October 2018 11:39

Solnit writes: "You did not want this role, but when you felt it necessary you came forward and you spoke. And for that, you are the hero of millions."

Christine Blasey Ford, with lawyer Debra S. Katz, left, answers questions at a Senate Judiciary Committee hearing on Thursday, September 27, 2018, on Capitol Hill. (photo: Melina Mara/The Washington Post)
Christine Blasey Ford, with lawyer Debra S. Katz, left, answers questions at a Senate Judiciary Committee hearing on Thursday, September 27, 2018, on Capitol Hill. (photo: Melina Mara/The Washington Post)


Dear Christine Blasey Ford: You Are a Welcome Earthquake

By Rebecca Solnit, Guardian UK

04 October 18


It was made at great personal cost, but your brave testimony has had incalculable benefits for the country at large

ear Dr Christine Blasey Ford

I am writing to thank you. No matter how harrowing your experience, no matter what the US Senate does in the weeks to come, you have achieved something profound in its power and impact, something that benefits all of us. For there are two arenas in which your words will reverberate – the Senate, and the immeasurably vast realm of public discourse and societal values. Even if your words, like Anita Hill’s, are discounted in the former, they will echo in the latter for a long time to come.

You said at the outset of this ordeal: “I was … wondering whether I would just be jumping in front of a train that was headed to where it was headed anyway, and that I would just be personally annihilated.” Testifying in front of that audience, made up in no small part of hostile, disbelieving supporters of the man you told them assaulted you, may have felt like annihilation. Going into your deepest trauma in front of the nation must have been a harsh ordeal. But you were not annihilated; you were amplified in all senses of the word.

Sexual assault denies a victim her voice, the right to say no and have it mean anything. Your account of his hand clamped over your mouth makes this experience of being silenced a direct assault. A society that then refuses to hear a survivor, that denies her the ability to testify to her own experience, that creates a pervasive hostility that prevents victims from coming forward, erases her and them and us again. But on Thursday you had a voice that rang out across the world, and you used it to defend this country against a man not just unfit to be a judge but antithetical to what a judge should be: honest, reliable, calm, evenhanded, respectful of the rights of others. Your voice may have shaken, but your truth went marching on.

Anita Hill lost by one linear measure: she did not prevent Clarence Thomas from being appointed to a position for which he remains manifestly unfit. But what she did achieve was not merely linear; her impact, like her voice, spread in all directions. She prompted a searching national conversation about sexual harassment that was desperately needed and that had consequences that benefited tens or hundreds of millions of women in this country and will benefit the generations to come as they enter the workplace. She made an adjustment in the unequal distribution of power –not so grand an adjustment that the problem was remedied, but a shift that matters.

She did so by being, like you, a steadfast witness to her own experience. Many in the media and some in the Senate maliciously insisted on treating her – but not Thomas – as a subjective, unreliable, perhaps delusional, perhaps vindictive person, yet she could not be dissuaded by them.

As you must know better than most of us from your profession of psychology, credibility – being considered a person who should be believed – is foundational to one’s standing as a member of a family, of a university, of a workplace, of a society. Anita Hill’s testimony and the Senate response put out in the open how women are stripped of this basic power, right, and equality, or are assumed to be incapable or unworthy of it in the first place.

In the wake of Anita Hill’s testimony, a vast collective conversation about workplace harassment opened up. Those who had not experienced it directly – at least those who were willing to hear – learned how pervasive and insidious it is and why women don’t report it (even recent statistics show how often the consequences for reporting are punitive). Reporting of such harassment increased dramatically, meaning far more targeted women were able to recognize their mistreatment or tried to find remedies.

The seldom remembered Civil Rights Act of 1991 was passed “to provide appropriate remedies for intentional discrimination and unlawful harassment in the workplace”, especially when employers use “a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin”. And the next year the federal election became known as “the year of the woman”, because more women ran for office and won than ever before. The shockwaves of her testimony rippled outward in all directions.

It is too soon to measure the consequences of your testimony, Dr Ford, though there have been endless media assertions that this confrontation between you and Judge Kavanaugh was a test of #Me Too (even the headlines put on one of my essays framed it that way). There are so many problems with that framework.

One is that #Me Too is only one fruitful year in a project for the rights and equality of women that goes back more than 50 years by one measure, almost 180 by others. Another is that what all this has sought to change is patriarchy, an institution that is thousands of years old. The test of our success is in the remarkable legal and cultural shifts we have achieved over the past 50 years, not whether or not we have changed everyone and everything in the past year. That we have not changed everything does not diminish that we have changed a lot.

The word “we” raises other questions. There is not a “we” in this situation. There are many. There are those who have engaged with the news, the conversation, and the literature to understand how pervasive the problem of sexual violence and violence against women is. There are those who are survivors of sexual assault and other kinds of gendered violence – and we are legion – who know all this in visceral ways. And there is another we that insists on not recognizing the problem, who have chosen not to listen to the endless supply of stories. This is one of the huge fissures running through this country and society.

“Bravery is contagious,” said Senator Leahy at the outset of your testimony. “You sharing your story is going to have a lasting permanent impact … We owe you a debt of gratitude.” You have opened up space for tens or hundreds of thousands of others to tell stories that need to be told and that others need to hear. Sexual assault thrives on the silence of its victims, and these past weeks have shattered some of those silences. There is a geological term, punctuated equilibrium, that proposes the Earth evolves, not steadily, but with long uneventful intervals ruptured by epochal change. Feminism too has its punctuated equilibrium, and the response to the Anita Hill hearing in 1991 and to many ugly events in recent years have been ruptures that changed the social landscape. You are yourself a welcome earthquake.

You have, by telling your own story with wrenching vividness, opened up space for countless voices to be heard, for many to tell their own stories for the first time, for the balance to again shift a little. You did not want this role, but when you felt it necessary you came forward and you spoke. And for that, you are the hero of millions. I hope that despite the threats and attacks, you can feel how significant that is, and that you know that the threats and attacks are happening because what you do matters so much. One of the two women who confronted Senator Jeff Flake on the elevator, in the now-famous video, asked him a question about Kavanaugh: “Can he hold the pain of the country and repair it? Because that is the work of justice.” It seems clear to many of us that he cannot, and that in some way you already have. I know I speak for millions when I say thank you.

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The FBI Probe Ignored Testimonies From Former Classmates of Kavanaugh Print
Thursday, 04 October 2018 08:26

Excerpt: "Frustrated potential witnesses who have been unable to speak with the F.B.I agents conducting the investigation into sexual-assault allegations against Donald Trump's Supreme Court nominee, Brett Kavanaugh, have been resorting to sending statements, unsolicited, to the Bureau and to senators, in hopes that they would be seen before the inquiry concluded."

Several former classmates of Brett Kavanaugh, President Trump’s Supreme Court nominee, tried to share their stories with the F.B.I. as it investigated sexual-assault allegations against him. (photo: Andrew Harrer/Getty)
Several former classmates of Brett Kavanaugh, President Trump’s Supreme Court nominee, tried to share their stories with the F.B.I. as it investigated sexual-assault allegations against him. (photo: Andrew Harrer/Getty)


The FBI Probe Ignored Testimonies From Former Classmates of Kavanaugh

By Jane Mayer and Ronan Farrow, The New Yorker

04 October 18

 

rustrated potential witnesses who have been unable to speak with the F.B.I agents conducting the investigation into sexual-assault allegations against Donald Trump’s Supreme Court nominee, Brett Kavanaugh, have been resorting to sending statements, unsolicited, to the Bureau and to senators, in hopes that they would be seen before the inquiry concluded. On Monday, President Trump said that the Bureau should be able to interview “anybody they want within reason,” but the extent of the constraints placed on the investigating agents by the White House remained unclear. Late Wednesday night, Senate Majority Leader Mitch McConnell announced that the F.B.I. probe was over and cleared the way for an important procedural vote on Kavanaugh’s nomination to take place on Friday. NBC News reported that dozens of people who said that they had information about Kavanaugh had contacted F.B.I. field offices, but agents had not been permitted to talk to many of them. Several people interested in speaking to the F.B.I. expressed exasperation in interviews with The New Yorker at what they perceived to be a lack of interest in their accounts.

Deborah Ramirez, one of two women who have accused Kavanaugh of sexual abuse, said in an interview that she had been hopeful that her story would be investigated when two agents drove from Denver to Boulder, Colorado, last weekend to interview her at her lawyer’s office. But Ramirez said that she was troubled by what she perceived as a lack of willingness on the part of the Bureau to take steps to substantiate her claims. “I am very alarmed, first, that I was denied an F.B.I. investigation for five days, and then, when one was granted, that it was given on a short timeline and that the people who were key to corroborating my story have not been contacted,” Ramirez said. “I feel like I’m being silenced.”

Ramirez, a classmate of Kavanaugh’s at Yale, says that he exposed himself to her during a drunken dormitory party and thrust his penis in her face, which led to her touching it against her will. Kavanaugh has denied the allegation, along with that of Christine Blasey Ford, a professor from California who said that Kavanaugh sexually assaulted her at a party when they were teen-agers. Several former Yale students who claim to have information regarding the alleged incident with Ramirez or about Kavanaugh’s behavior at Yale said that they had not been contacted by the F.B.I. Kenneth G. Appold was a suitemate of Kavanaugh’s at the time of the alleged incident. He had previously spoken to The New Yorker about Ramirez on condition of anonymity, but he said that he is now willing to be identified because he believes that the F.B.I. must thoroughly investigate her allegation. Appold, who is the James Hastings Nichols Professor of Reformation History at Princeton Theological Seminary, said that he first heard about the alleged incident involving Kavanaugh and Ramirez either the night it occurred or a day or two later. Appold said that he was “one-hundred-per-cent certain” that he was told that Kavanaugh was the male student who exposed himself to Ramirez. He said that he never discussed the allegation with Ramirez, whom he said he barely knew in college. But he recalled details—which, he said, an eyewitness described to him at the time—that match Ramirez’s memory of what happened. “I can corroborate Debbie’s account,” he said in an interview. “I believe her, because it matches the same story I heard thirty-five years ago, although the two of us have never talked.”

Appold, who won two Fulbright Fellowships, and earned his Ph.D. in religious studies from Yale in 1994, also recalled telling his graduate-school roommate about the incident in 1989 or 1990. That roommate, Michael Wetstone, who is now an architect, confirmed Appold’s account and said, “it stood out in our minds because it was a shocking story of transgression.” Appold said that he initially asked to remain anonymous because he hoped to make contact first with the classmate who, to the best of his recollection, told him about the party and was an eyewitness to the incident. He said that he had not been able to get any response from that person, despite multiple attempts to do so. The New Yorker reached the classmate, but he said that he had no memory of the incident.

Appold reached out to the Bureau last weekend but did not hear back. Frustrated, he submitted a statement through an F.B.I. Web portal. During his first year at Yale, Appold lived in the basement of Lawrance Hall, one of the university’s freshman dormitories. He was in the same suite of bedrooms as Kavanaugh, sharing a common room. Appold said of Kavanaugh, “We didn’t hang out together, but there was no animosity between us either.” He said he believes that “there were two sides to Brett.” Those who have described the judge as studious and somewhat reserved or shy are correct, he said. He added, “that was true part of the time, but so are the other things that have been said about him. He drank a lot, and when he was drinking he could be aggressive, and belligerent. He wasn’t beating people up, but there was an edge and an obnoxiousness that I could see at the hearings. When I saw clips” of Kavanaugh’s Senate testimony, Appold said, “I remembered it immediately.”

Appold said that he learned about the alleged incident with Ramirez during the winter of the 1983-84 school year. He recalled being told that, during a party in a first-floor common room in Lawrance Hall, Kavanaugh went over to Ramirez, who had been participating in a drinking game, “and opened his pants, and pulled out his penis, and tried to put it in her face.” But she waved him away. Appold recalled hearing that Ramirez said something like, “It’s not a real penis.” He said that the remark made no sense to him at the time, and he understood it only after reading Ramirez’s allegation in The New Yorker and learning that people had been playing pranks with a fake plastic penis at the party.

In an interview with The New Yorker last month, Ramirez said, “I remember a penis being in front of my face,” and that “I knew that’s not what I wanted, even in that state of mind.” She recalled remarking, “That’s not a real penis,” and that other students were laughing at her confusion and taunting her; one encouraged her to “kiss it.”

Appold recalled being “shocked” when he was told of Kavanaugh’s alleged behavior. “The person who saw it was taken aback by what he had seen,” too, he said. Appold added, “It was a disturbing thing. I think everyone recognized that a line had been crossed here.”

Looking back, Appold said, “The thing I ask myself is, why didn’t anybody do anything about it? Why didn’t anybody report it?” But, he added, “The times were different then. Today, I’m an educator, and if something like this happened, I’d know exactly where to go to the Title IX people. But back then there was no place to report these uncomfortable things—we tried to forget about them.” Kavanaugh has argued that, if he had behaved as Ramirez described, the whole campus would have talked about it, but Appold said that, to the contrary, “It was more like, ‘Don’t talk about it.’ ”

Appold said that he did not initially oppose Kavanaugh’s nomination for the Supreme Court. Since he had not witnessed the alleged misconduct himself, Appold said, he had not been sure whether to regard it as an assault, in legal terms, or as something less serious, although he saw it as “morally wrong, either way.” After seeing Kavanaugh’s blanket denials of Ford and Ramirez’s allegations, and his assertions of his rectitude during his high-school and college years, Appold said, “I had concerns that there was a good chance he wasn’t telling the truth.” He was certain, he said, that “what he said about drinking was not accurate.”

Beth Wilkinson, Kavanaugh’s attorney, said, “There is no new information here. The Judge stands by his denial.” The F.B.I. declined to comment on its investigation.

Ramirez said that the F.B.I. agents she spoke to interviewed her in a comprehensive and sensitive manner. Several of their questions appeared to mirror Republican speculation that the allegations against Kavanaugh were coördinated by Democrats or were otherwise politically motivated. (Ramirez said that neither was true.) “They asked me if I’d ever been in touch with Dr. Christine Ford,” Ramirez recalled, “and if I knew how reporters got my name.” She told the agents that she has never had contact with Ford and began receiving calls from reporters unbidden. Ramirez said that her main concern, after her F.B.I. interview, was that the agents who interviewed her might not be the same ones talking to people who could corroborate her account—she felt that continuity was important. But she had not anticipated that people she believed had relevant information wouldn’t even be interviewed. “Being told that these people haven’t even been contacted,” Ramirez said, “it’s very troubling to me.”

In addition to Appold, several other former Yale classmates said that they had reached out to the F.B.I. about Kavanaugh but had not received a response. Stephen Kantrowitz, a former Yale classmate, said in a text message that, “No one who lived in Lawrance Hall (so far as I know) has been contacted by the FBI What a charade.”

Two high-school acquaintances of Kavanaugh’s have also submitted sworn declarations to senators and to the F.B.I. A classmate of Kavanaugh’s at Georgetown Preparatory School, who asked to remain anonymous because of the intensity of the partisan fight over Kavanaugh’s nomination, submitted a signed declaration to the F.B.I. after visiting the F.B.I. field office nearest his home, where he was told they didn’t do “in-person interviews.” He said that he was hoping to hear something back, but hadn’t yet. In his statement, which his attorney also sent to several members of the Senate Judiciary Committee on Tuesday, he described Kavanaugh as part of a clique of high-school athletes, most of whom were on the football team, who “routinely picked on” less physically fit or popular students. He said that he never witnessed Kavanaugh physically attacking another student, but he recalled him doing “nothing to stop the physical and verbal abuse.” Instead, he said, Kavanaugh “stood by and laughed at the victims.” Both Ford and Ramirez have said they remembered Kavanaugh laughing during their ordeals. “It was so wrenching for me when I heard Dr. Ford mention how they were laughing,” the Georgetown Prep classmate said, in a phone interview. “That really, really struck a chord. I can hear him laughing when someone was picked on right now.”

In his statement, the classmate also said that he recalled, “on multiple occasions, Brett Kavanaugh counting on his fingers, how many kegs they had over the weekend.” The amount that he heard Kavanaugh describe, he said in the statement, “seemed to be an extreme amount of beer drinking for someone to consume at any age, let alone someone in high school.” He said that he also recalled Kavanaugh participating in general conversations “where the football players were bragging about their sexual conquests over the prior weekend.”

His statement also challenges Kavanaugh’s assertion in last week’s hearing that he never denigrated a female student named Renate Schroeder, whose married name is Renate Dolphin, and who attended Georgetown’s sister school, Stone Ridge School of the Sacred Heart, in Bethesda, Maryland.

Kavanaugh and thirteen other Georgetown Prep boys described themselves in their high-school yearbook as “Renate Alumnius,” which other classmates have told the Times was a crude sexual boast. During his Senate hearing, Kavanaugh said that the reference was an endearment, saying, “she was a great friend of ours. We—a bunch of us went to dances with her. She hung out with us as a group.” He said that a “media circus that has been generated by this, though, and reported that it referred to sex. It did not.”

But the classmate who submitted the statement said that he heard Kavanaugh “talk about Renate many times,” and that “the impression I formed at the time from listening to these conversations where Brett Kavanaugh was present was that Renate was the girl that everyone passed around for sex.” The classmate said that “Brett Kavanaugh had made up a rhyme using the REE NATE pronunciation of Renate’s name” and sang it in the hallways on the way to class. He recalled the rhyme going, “REE NATE, REE NATE, if you want a date, can’t get one until late, and you wanna get laid, you can make it with REE NATE.” He said that, while he might not be remembering the rhyme word-for-word, “the substance is 100 percent accurate.” He added, “I thought that this was sickening at the time I heard it, and it left an indelible mark in my memory.”

Reached for comment, Dolphin noted that she had asked for her name to be removed from a statement signed by female supporters of Kavanaugh’s nomination. “If this report is true, I am profoundly hurt,” she said, of the account in the affidavit. “I did nothing to deserve this. There is nothing affectionate or respectful in bragging about making sexual conquests that never happened. I am not a political person, but my reputation matters to me and to my family. I would not have signed the letter if I had known about the yearbook references and this affidavit. It is heartbreaking if these guys who acted like my friends in high school were saying these nasty, false things about me behind my back.”

Angela Walker, who was in Dolphin’s class at Stone Ridge, also submitted a declaration to the F.B.I. Though she did not mention Dolphin in the declaration, Walker voiced support for her in a phone interview. “It’s really horrifying what they did to her,” Walker said, “it’s a terrible betrayal.” She noted, too, that the depiction of Dolphin reported in the classmate’s statement “is not the Renate that I knew—it’s not possible.” Walker’s declaration described attending a large house party with Georgetown Prep boys, where, she wrote, “A friend from Prep warned me not to go upstairs, where the bedrooms were, cautioning me that it could be dangerous.”

A sworn statement by a former Georgetown Preparatory School classmate of Brett Kavanaugh, obtained by The New Yorker, has been reproduced here.

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Our Fertilizer Is Killing Us. Here's a Fix. Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=26261"><span class="small">Nathanael Johnson, Grist</span></a>   
Thursday, 04 October 2018 08:25

Johnson writes: "Now, for the first time in over a hundred years, there's a potential solution. A pack of startups is racing to market with a means of fixing nitrogen without polluting the Earth."

The frame of this picture can only take in a small part of the CF Industries nitrogen complex in Donaldson, Louisiana. (photo: Julie Dermansky/Getty)
The frame of this picture can only take in a small part of the CF Industries nitrogen complex in Donaldson, Louisiana. (photo: Julie Dermansky/Getty)


Our Fertilizer Is Killing Us. Here's a Fix.

By Nathanael Johnson, Grist

04 October 18

 

t was January 15, 1881, and the U.S. envoy to Peru had to duck for cover. Bullets whizzed through a suburb of Lima, “pattering thick and fast upon the buildings around us,” he later wrote back to Washington, D.C. Christiancy fled, throwing himself over walls and wading through ditches over an eight-mile run as shells from Chilean gunboats exploded around him, until he stumbled into his offices. Peru soon surrendered, and the night that followed was “a nightmare of chaos and unutterable horrors” as the remnants of the defeated Peruvian army looted, burned, and terrorized the city.

Chile had invaded Peru for a seemingly unlikely prize: nitrogen fertilizer. Twenty years earlier, the great European powers and the United States had come to the brink of global war over three tiny islands off the coast of Peru covered in mountains of nitrogen-rich guano. Why would anyone come to blows over piles of bird crap? Because nitrogen gave these countries the power to feed their growing populations. Peruvian guano was, as one historian put it, “worth more than all the gold shipped back to Europe in the Spanish treasure galleons.”

Nitrogen is everywhere. It makes up 80 percent of the air you’re breathing. On its own, it has no real value. But if it’s combined into a molecule with another element, like hydrogen or oxygen, it becomes something that can react with other chemicals. In this “fixed” state, plants can use it to build proteins. Our bodies use those proteins, in turn, to build muscles, bones, DNA, and babies.

But back in the 19th century, fixed nitrogen was limited. In the early 1800s, the English scholar Thomas Malthus warned of famine as population growth began to overtake farm production. Then settlers discovered the guano islands and nitrate mines of South America, and fertilizer-laden clipper ships streamed around Cape Horn back to Europe, giving farmers bumper crops and feeding a baby boom.

Britain’s population quadrupled over the next 100 years. Then in 1908, as South American nitrogen was beginning to run low, the chemist Fritz Haber discovered a way to take the inert nitrogen in air and turn it into the reactive forms plants and animals use. “Haber opened the faucet for nitrogen to flow from the air to the living world,” wrote geographer Ruth DeFries. Instead of waning, populations continued to boom.

This breakthrough solution created a crisis as large as the one it solved. Since Haber’s discovery, humans have nearly doubled Earth’s natural flow of fixed nitrogen, overwhelming the capacity of ecosystems to remove it. The resulting buildup is poisoning the planet’s waterways, creating a crisis some consider even more threatening than the buildup of carbon dioxide in the atmosphere.

But we can’t simply turn off the spigot of industrial nitrogen, because we depend on it. More than 3 billion people wouldn’t be alive today without Haber’s industrial process.

Now, for the first time in over a hundred years, there’s a potential solution. A pack of startups is racing to market with a means of fixing nitrogen without polluting the Earth. One of them, Pivot Bio, just garnered a $70 million vote of confidence in a funding round led by Breakthrough Energy Ventures, the coalition of big-name billionaires — Bill Gates, Jeff Bezos, Michael Bloomberg, Richard Branson — hoping to power climate change-beating innovation.

“Pivot Bio is addressing one of the largest sources of GHGs on the planet,” said Carmichael Roberts, a Breakthrough investor, in a press release. He noted that the Berkeley, California-based biotech might earn a fortune by “disrupting the $200 billion fertilizer market.”

Next year, Pivot plans to start getting farmers nitrogen-fixing bacteria — which efficiently delivers fertilizer to crops, no fossil fuels required. Farmers will spritz seeds with a liquid probiotic as they bury them in the ground. Another startup, Azotic Technologies based in England, is racing to bring a different bacterium to market around the same time. Intrinsyx Bio — a spin-off from a company that supplies NASA with bacteria and other critters for experiments — plans to put yet another bacterium on the market in 2020. And at least one other, the Bayer-backed Joyn Bio, is just ramping up. If any of them is able to provide a viable alternative to the international fertilizer industry, it could be the most significant environmental breakthrough since Haber figured out a way to synthetically release nitrogen from its natural bonds.

Seemingly every startup — even CryptoKitties selling cartoon cats — likes to say it’s creating “technology that will change the world.” But for the companies racing to fix nitrogen, it’s no stretch. If this solution proves out, it would clean up the pollution choking the planet’s life support systems, without forcing widespread famine and a return to the nitrogen wars.

Earth is marinating in the flood of nitrogen Haber uncorked. Start with so-called “dead zones.” Less than half of the nitrogen that farmers spread makes it into food. The excess washes out of fields with other fertilizers and winds up in rivers, lakes, and bays where it catalyzes algal blooms. The bacteria that eat this algal slime suck the oxygen out of the water, killing every animal that can’t flee, and creating huge areas covered in slime and suffocated of oxygen and light. There are now more than 400 of these dead zones around the world (and algae problems in Florida recently barged into the U.S. Senate race), covering an area the size of Oregon. In the dead zone at the mouth of the Mississippi River, an estimated 235,000 tons of fish and other sea creatures perish each year.

Wherever they gather, nitrogen compounds turn poisonous. In drinking water, they cause blue baby syndrome, which prevents infants from absorbing oxygen; in lakes, they fertilize neurotoxic algae; in farm country, they are a major source of suffocating smog.

Then there’s the climate. Some of the nitrogen seeps out of the ground as nitrous oxide (yep, laughing gas), which turns out to be a greenhouse gas 300 times as potent as carbon dioxide. Manufacturing nitrogen fertilizer sucks up 1 percent of all the energy humanity harnesses, more than all the wind and solar energy produced worldwide last year, and produces as much greenhouse gas as all the homes in the United States.

The world’s largest factory for fixing nitrogen sits alongside the west bank of the Mississippi River in Louisiana, an hour’s drive from New Orleans. The CF Industries Donaldson Nitrogen Complex contains 1,400 acres of concrete tanks and steel gridwork with twisting pipes that lead to a series of chambers where gas and air are brought together at up to 1,800 degrees Fahrenheit, creating a pressure cooker that could squish a human body like a grape. That’s what it takes to turn nitrogen from the air into fertilizer.

At least, that’s how humans do it. Bacteria accomplish this same feat of engineering within the fragile wall of a single cell. They offer a microscopic solution for this enormous problem.

“There’s a simple elegance and beauty in the way these microbes activate nitrogen,” said Karsten Temme, Pivot Bio’s CEO.

Instead of fossil fuel, these bacteria run on sugar, which they get from plants in exchange for nitrogen. And they produce fertilizer exactly when and where plants need it: Pivot’s bacteria coat roots “like a glove,” Temme said, feeding them tiny squirts of nitrogen as they grow. That’s much more precise than spreading synthetic nitrogen, or organic guano, or liquid manure pumped from a holding tank under a hog barn. In short, turning to bacteria for fertilizer holds the potential to stem pollution without famine, food rationing, or more wars over nitrogen.

Temme was a graduate student at the University of California, Berkeley when he became entranced with the ability of bacteria to fix nitrogen. He started working with another student named Alvin Tamsir — first helping each other in the lab, then having mind-melding conversations outside its confines. They decided to start a company that would genetically engineer plants to produce their own fertilizer, thus solving the nitrogen crisis. It was ridiculously audacious, but at the time — as lifelong students about to graduate — every other career option seemed just as daunting, Temme said. Their professors were behind them, the Bill and Melinda Gates Foundation gave them the money to get on their feet, and they won a spot in a University of California, San Francisco startup incubator.

Pivot officially started in November 2011, and for the next two years Temme and Tamsir tried and failed to accomplish what scientists had been attempting to do since the 1970s — pluck the genetic instructions for nitrogen fixation out of bacteria and into crops. But each attempt failed. Researchers have learned that the problem contains maddening layers of complexity.

Temme and Tamsir were running out of money, and they were nowhere close to producing a plant that could fertilize itself. Meanwhile, debates over genetic engineering were raging. Even if they somehow succeeded, they’d need buckets of money to get through years of regulatory review, and even then the public might fear and reject the GMO plants. By mid-2013, it seemed hopeless. “We were in a tough spot,” Temme said.

On a gray day, Temme and Tamsir, both feeling defeated, laid down their pipettes and left their lab in search of coffee.

To comprehend what happened on that coffee break, you have to understand a revolution in scientific thinking that was underway. Fortunately for Temme and Tamsir, scientific progress had just opened the way for them to take a new direction.

The old dogma was that — aside from Haber’s industrial process — the only way people could fix nitrogen was to grow fields of legumes, like peas, beans, alfalfa, or clover. That’s because legumes have these strange grape-like clusters on their roots called root nodules, which provide a home for rhizobia, a class of nitrogen-fixing bacteria.

Sharon Doty, a professor of environmental and forest science at the University of Washington, upended this dogma. Back in 2001, Doty was in postdoctoral program at the school and wanted to take a close look at poplar trees, starting with growing a few poplar cells in petri dishes. But no matter how much she scrubbed the poplar sprigs she brought into the lab, no matter how long she soaked them in bleach, she’d wind up growing brown ooze all over her poplar cell cultures.

In exasperation, she analyzed the slime’s DNA. “To be honest, I wanted to identify it so I could figure out how to kill it,” she said. To her surprise, the DNA revealed that the slime was a species of rhizobia.

“What are rhizobia doing inside these trees?” Doty marveled.

The thing is, poplars don’t have root nodules. The bacteria Doty found were living throughout the trees, in the spaces between the cells, moving from the leaves to the roots and back again. Its presence made sense: Her poplar trees were growing in the rocky shoals of the Snoqualmie River in Washington state. Where were they getting their nitrogen? Certainly not from the rocks or the water, which was pure alpine snowmelt. It was only logical that the poplars — and maybe lots of other plants — had partnered with nitrogen-fixing bacteria in a manner previously unknown to science.

When Doty wrote up a paper describing her discovery, her peers were skeptical. Scientific journals rejected her work for three years — believing nitrogen fixation was limited to root nodules — until it was finally published in 2005. “I wanted to tell these reviewers, ‘Just go outside,” she recalled. “‘You find plants in sand bars, in land scraped bare by glaciers, in lava flows. You can see these things! Where do you think they get their nitrogen?’”

Doty would soon be vindicated. In the next decade, the tools that allow us to read DNA improved dramatically, revealing tiny worlds previously invisible to scientists. As a result, scientists began to realize that there were hundreds, maybe thousands, of microbes that had evolved to fix nitrogen for plants.

Doty’s discovery, along with many others (in science it’s never just one person), set the stage for the epiphany Temme and Tamsir had as they were walking, dejectedly, with their coffees eight years after Doty published her research. The pair admitted to each other that they were failing: It was just too hard to train plants to fix their own nitrogen. But what if they tried something simpler? Instead of engineering plants, what if they worked with nitrogen-fixing soil bacteria? Farmers could plant a liquid probiotic along with their seeds, allowing the nitrogen-fixing bacteria to grow with the plants. “The solution was there all along, beneath our feet in the roots of every plant,” Temme said.

The two returned to their lab filled with new hope. It might have been among the most mood-altering coffee breaks in scientific history. Pivot pivoted. The company began prospecting for bacteria in buckets of soil from farms all over the United States and uncovered hundreds more nitrogen-fixing critters.

Other companies wound up on similar paths. Azotic Technologies started working with a bacterium found in sugarcane, while Intrinsyx Bio, based in Silicon Valley, began testing the bacteria Doty had discovered.

“The science is ready,” Doty said. “A lot of ag companies are pushing hard. I think we are at the point where we are ready for these products.”

After six months working on bacteria, Pivot Bio had something: A small seedling in a test tube, growing heartily on nitrogen supplied by bacteria. It was just a start, but this proof of concept was enough to raise millions of dollars in venture capital.

You can see the ripples of the nitrogen-fixing bacteria boom in an unremarkable office park in West Sacramento. The pharmaceutical and chemical giant Bayer built a 160,000 square-foot campus here in 2013 and devoted the space to creating a future where bacteria largely replace chemicals in farming. It’s hard for multinational conglomerates to move like nimble startups — so the company set aside nearly $700 million to fund moonshot startups. One of these, Joyn, launched last year and has already raised $100 million. (Pivot Bio has raised $87 million, Azotic has kept mum about its funding, while Intrinsyx Bio hasn’t started raising money.)

That giants like Bayer are trying to solve the nitrogen problem ups the odds that someone will succeed, because it’s not enough to simply identify a nitrogen-fixing bacterium. The startups also must master the art of marketing to farmers and the logistics of keeping a living organism perky while distributing. To knock out synthetic nitrogen, they’ll have to fit seamlessly into modern agriculture.

For four years, Pivot Bio has been testing its bacteria with farmers across the country. Every few months, buckets of dirt and baggies of corn roots arrive in the mail for the scientists at Pivot to examine.

The company doesn’t expect to replace all nitrogen fertilizer — not yet. But Pivot thinks it can replace one pass of a tractor (up and down the fields to apply fertilizer), decreasing the amount of time, equipment, and nitrogen that farmers must dedicate to each field.

Several sources cautioned me that nitrogen-fixing bacteria might only be the first step in tackling the nitrogen conundrum. That’s because, after decades of breeding corn to thrive with abundant fertilizer, our high-yielding crops might have lost the “cooperation genes” they need to work with nitrogen-fixing bacteria.

Pivot’s bacterium pumps out as much nitrogen fertilizer as it can. So I had to wonder, could it multiply out of control and accidentally make the pollution problem worse? I ran this question by Chris Voigt, a scientist at the Massachusetts Institute of Technology, who oversaw Temme and Tasmir when they were working at UCSF.

The more engineered an organism is, he said, the less likely it is to spread. A bacteria that devotes its energy to fixing nitrogen is woefully maladapted for life in the wild. These bacteria are like those chickens bred to grow such massive breasts that they can barely stand up. “It’s essentially the same,” Voigt explains. “Instead of channeling all a chicken’s energy into its breast meat, you are forcing the cell to pump its energy into nitrogen fixation.”

All the startup founders I talked to are aware that even if farmers want these bacteria, eaters might not. Temme stressed that Pivot’s first bacterium doesn’t contain DNA from another species, but the company has tweaked the bacterial DNA so that it keeps fixing nitrogen even in the presence of other fertilizers, and that might be enough scare up anti-GMO protesters. Azotic hasn’t made any tweaks to its bacteria — but because the bacterium lives inside of plants, people might get nervous about eating a new bacterium in their corn. Peter Blezard, the CEO of Azotic, told me that the bacteria is approved as food grade, meaning risk analysts think it’s no more dangerous than probiotic yogurt.

Still, it’s worthwhile to be wary. A century ago, no one anticipated the environmental problems that industrial nitrogen would cause; instead, it was hailed as our deliverance from famine. If any of these companies finds a way to deliver us from industrial nitrogen, it would be the biggest agricultural breakthrough in a century. It would also fix one of the largest environmental disasters of modern times. Sure, it may lead to other problems in another 100 years, but it’s safe to say that wars over guano islands and nitrate mines won’t be one of them.

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A High-End Legal Ratf*cker Is Still a Ratf*cker Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=11104"><span class="small">Charles Pierce, Esquire</span></a>   
Wednesday, 03 October 2018 13:03

Pierce writes: "Senate Majority Leader Mitch McConnell had himself a high-dudgeon sh-t-fit on Tuesday as he opened the Senate for business."

Supreme Court nominee Brett Kavanaugh. (photo: Chip Somodevilla/Getty)
Supreme Court nominee Brett Kavanaugh. (photo: Chip Somodevilla/Getty)


A High-End Legal Ratf*cker Is Still a Ratf*cker

By Charles Pierce, Esquire

03 October 10


Brett Kavanaugh's record is clear.

enate Majority Leader Mitch McConnell had himself a high-dudgeon shit-fit on Tuesday as he opened the Senate for business. His topic, unsurprisingly, was the fact that Brett Kavanaugh, the Yalie who put the bull in Bulldog, is not yet ensconced for life in a comfy chair in the Supreme Court. Mitch has been having these low-volume high-sterics every day for a week now, since Jeff Flake threw McConnell's well-designed railroad off the tracks last Friday.

Now, with the seven days McConnell promised for a renewed investigation running out, Mitch is stoking up the boilers to get a running start on Friday.

"The floodgates of mud and muck opened entirely on Brett Kavanaugh and his family. Out of the woodwork came one uncorroborated allegation after another, each seemingly more outlandish than the last...This is not politics as usual."

Merrick Garland, Mitch.

So here's my thing. I believe most of what has been alleged about Brett Kavanaugh from the people who knew him back in the day. His demeanor before the committee last week made him look like every privileged lace-curtain Irish inebriate with whom I grew up. I believe everything Dr. Christine Blasey Ford said about him, not because I oppose his nomination, but because she was human and he was a wind-up rage doll. Those charges and that temperament are enough to keep him off the Supreme Court. Hell, they're enough to keep him out from behind the counter at Costco.

But, even if these most recent charges never emerged, I want him kept off the Supreme Court, even though his attitude last week is a damned good reason. (And, as The Washington Post reported, it was what gave the American Bar Association pause regarding Kavanaugh's demeanor during the judge's first go-round in the Senate.) I want him kept off the Supreme Court because, up until C-Plus Augustus rammed him onto the bench in 2006, Kavanaugh's career was not that of a lawyer, but that of a partisan ratfcker. If he gets confirmed, we will have a vengeful partisan ratfcker on the Supreme Court for the rest of my lifetime, and that's not a legacy I want to leave behind.

Of all the things about which he has hedged and fudged and prevaricated, his services to conservative ratfcking exercises—from the Great Penis Hunt of the 1990s, to the brawl over little Elian Gonzalez, to the 2000 presidential burglary, to his activities on behalf of the Avignon Presidency—are the most consequential of his many misleading fairy tales, sleight-of-hand alibis, and outright lies.

Let us examine, for a moment, the case of Manuel Miranda.

In 2002 and 2003, when Kavanaugh was working in the White House counsel's office, nearly 5,000 documents were hacked and stolen from the computer files of the Democratic members of the Senate Judiciary Committee. At the center of this scandal was Manuel Miranda, the Republican counsel to the committee who later was forced to resign behind the scandal. The stolen material related to what the Democratic senators were likely to ask prospective nominees put up by the Bush administration. At the time, Kavanaugh's role at the White House involved prepping nominees for their appearances before the committee. During Kavanaugh's confirmation hearings for the job he now holds, he was asked over 100 times about this affair and he replied that he'd received nothing from the thieves and that he never suspected that anything "untoward" was going on. He really said, "untoward."

Some say coincidence. I'm not sure. Neither is Patrick Leahy, Democrat of Vermont, who was on the Judiciary Committee back then and is still on it today. During Kavanaugh's first set of hearings before the committee, Leahy pointedly tried to pin Kavanaugh down on whether or not he had received and/or acted upon the material purloined by Miranda and his staff. This was because emails obtained by the current Senate Judiciary made a hash of everything Kavanaugh had said to the previous Judiciary Committee. As Leahy wrote subsequently in The Washington Post:

That includes eight pages from a Democratic memo, taken verbatim from me, on a controversial nominee that Kavanaugh was asked to not forward. Emails also show that Miranda told Kavanaugh about a sensitive, private letter that I received on a nominee’s position on abortion — a letter Miranda described as “confidential,” requesting that “no action be taken.” They also show Miranda asked to meet privately at his home to give Kavanaugh “paper” on Democratic senators’ thinking.

Kavanaugh could have said, of course, I got this material. I was a political operative in a White House that was trying its damndest to get its judges confirmed. But since he seems completely and rigidly incapable of believing himself capable of doing anything "untoward," we got another easily disprovable categorical statement.

Last week, when confronted with these emails, Kavanaugh testified that this was normal information shared with “friends across the aisle.” As I told Kavanaugh then, I was born at night, but not last night. I have served in the Senate for 44 years, including 20 years as the top Democrat on the Judiciary Committee. It has never been normal to obtain sensitive, inside information from the opposing party, conveyed in secret and in real time involving the most contentious issues before our committee. A smart political operative on the frontlines of these battles would have seen these glaring red lights for what they were: clear evidence of nefarious acts.

And that’s not all. In 2004, Sen. Ted Kennedy (D-Mass.) asked about Kavanaugh’s role in vetting U.S Court of Appeals for the 11th Circuit nominee William Pryor. Pryor had called Roe v. Wade a constitutional “abomination” and argued that a right to same-sex intimacy would “logically extend” to “necrophilia, bestiality, and pedophilia.” Kavanaugh distanced himself from Pryor. He denied any part in vetting him, testifying that it was “not one that [he] worked on personally.” Yet emails suggest that Kavanaugh not only recommended Pryor for the seat, he also participated in a working group on the nomination, talked to a reporter about him and appears to have interviewed him.

There are similar concerns that Kavanaugh misled the Senate about his work on other controversial nominations, including William Haynes, who helped develop immoral George W. Bush-era interrogation policies, and Charles Pickering, who reduced the sentence of a man who burned a cross in front of an interracial couple’s house. Kavanaugh might have also misled the Senate by denying any involvement with detainee policies or any knowledge of documents related to a warrantless surveillance program.

This is the thing about ratfckers. The truth is always pliable. Even in categorical statements, it's pliable. The point of ratfcking is to win. This was true when Donald Segretti and all those GOP frat brothers at USC invented the marvelously descriptive term to describe how they messed with student elections in their college days—which, by Kavanaugh standards, of course, doesn't count because certainly what Segretti did in college had no bearing on his career as a lawyer in later life.

That's another thing. Brett Kavanaugh is a lawyer only because he went to law school and passed the bar. He's never tried a case, at least to my knowledge and, until he became a judge, he put his legal training at the service of high-end ratfcking, keeping the activities at least within sight of the traditional guard rails that stand between lawyers and 5-15 at Allenwood. Segretti was a lawyer. So was Gordon Liddy, who put Chapin to work. At least Liddy worked as a lawyer, being the prosecutor who busted Timothy Leary. (Of course, Liddy also once fired a revolver at the ceiling of a courtroom during his summation, so there's that.) Kavanaugh's only experience as a prosecutor was as a drooling operative in Ken Starr's little shop of sanctified presidential porn—which was, in many ways, one of the great ratfcking operations of all time, and certainly the most expensive.

(The latest bit of whitewash is the contention that Starr's shop reopened the investigation into Vince Foster's suicide so that Kavanaugh could put that particularly indecent fantasy to rest. Byron York is very big on this notion. While Kavanaugh ultimately concluded that Foster had indeed shot himself to death, the notion that he'd set out to conclude that—or to lay to rest the endless rightwing conspiracy ratfcking that attended the sad event—ignores some salient facts, most notably that Kavanaugh came to a conclusion at which two previous investigations already had arrived. There was no reason to investigate it again just because some Arkansas Project fantasists were using it as a prop. This was an attempt to see if the conspiracy theories contained enough truth to be weaponized in the pursuit of Bill Clinton.)

In short, there is a fine living to be made as a partisan lawyer specializing in high-end political ratfcking. It's an industry now. But a partisan ratfcking lawyer should not be able to hedge, and fudge, and prevaricate his way onto the Supreme Court. I'm also worried that he might chuck some water at counsel during oral arguments, but I'm putting that concern on, well, ice for a while.

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