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Sunday, September 30, 2018

The Worst Argument Ever

I don't watch the Sunday morning news/talk shows.  They are generally just a forum for mostly unimportant politicians or their advisers to get together and repeat their talking points.  I can't wade through the garbage in order to get to a nugget or two of actual news.  It's just too boring.  Today, however, I heard an excerpt from what senator Coons had to say on one of the shows.  Coons argued that Judge Kavanaugh's responses to senators Feinstein, Blumenthal and a few other Democrats were too angry, too confrontational, and too emotional for a judge.  Kavanaugh didn't display a judicial temperament.  This had to be the worst argument made thus far in the entire Kavanaugh saga.

Think about it.  At the hearings, Feinstein repeated claims that Kavanaugh, as a 15 year old, ran multiple house parties where girls were drugged and then gang raped by groups of boys.  Feinstein has also said that she believes the "victims".  In other words, she stood behind the claim of Kavanaugh running a gang rape ring for at least two years.  Imagine how you would feel if someone said that about you.  Not surprisingly, Kavanaugh got angry.  He responded forcefully to senator Feinstein.  Anyone would respond that way.  It's perfectly normal.  In fact, if Kavanaugh had just stayed calm and reserved in his response, no one would have believed him.  But I guess that's the point.  If Kavanaugh had maintained his calm, the Dems would have said that he must have done it because it didn't upset him.  When instead he got angry, the Dems said that he lacked a judicial temperament.

Judges have to be impartial when judging matters before them.  No one expects judges to be impartial when it comes to matters that concern the judge himself or herself.  That's the whole reason why judges have to recuse themselves (withdraw from hearing a matter) when they have a personal stake in the outcome.  No one expects judges to be able to avoid their personal biases if they will be affected by the decision.  In other words, since Feinstein was accusing the judge of a crime, even a judicial temperament doesn't require Kavanaugh to remain unmoved by that false smear.

The sad thing is that many of the Democrat senators involved here are lawyers themselves.  They well know what it means to have a judicial temperament and also what it doesn't mean.  Nevertheless, they spout these lies just to try to make a political gain.

 

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