Why Are GOP Lawmakers In A Rush To Confirm SCOTUS Nominee Judge Kavanaugh?

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I and others are pondering on why the GOP lawmakers in the US Senate are so over-the-top motivated to fast track the confirmation process of the current flawed Supreme Court nominee Judge Brett Kavanaugh. Why him and where’s the fire to where a crazy urgency by the GOP senators has been on full display for the world to see?

Here’re a couple of theories:

On Sept 28,2018, Russell Grand II of Daily Kos penned the following report, “Brett Kavanaugh and Gamble vs. US., No. 17-646”

Excerpts:

“I believe there is one main reason that the GOP desperately needs to get Kavanaugh confirmed as soon as they can: the upcoming SCOTUS case Gamble vs. U.S., No. 17-646.”

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“With Gamble vs. U.S., No. 17-646, the results of this case will have the power to change the lives of Donald Trump and every Republican scumbag in Congress (and beyond), as well as America as we know it. Gamble vs. U.S. deals with the “separate sovereigns” exception to the double jeopardy clause and, if overruled, will allow a sitting president to pardon both federal and state-level crimes.”

“Obviously you can see where this is going…”

“It’s a given that, with Kav seated as the fifth partisan Republican judge on the Supreme Court, he will be the deciding vote to overturn the separation sovereignty exception, thus giving Trump and the GOP a get-out-of-jail card. This is terrifying, infuriating, sickening and will ultimately be the very death of American democracy. With this kind of power, the Republican party will forever be unstoppable.”

Link to entire report: Brett Kavanaugh and Gamble vs. U.S., No. 17-646

MUELLER (CENTER)

In the most recent past, I have argued that the FBI Trump -Russia probe is being led by the Special Counsel Robert Mueller III who has already thought about this potential problem.  The FBI  have been deciding not to bring charges on certain specific crimes, allowing the states like New York to do so instead. That would fit the definition of single jeopardy to where President Trump still wouldn’t be able to pardon anyone for convictions obtained at the state level.

Unless, I am wrong about my readings on this case, to where President Trump can now issue pardons at both the federal and state levels, I don’t see this as a true motivating factor for fast tracking the current SCOTUS nominee Judge Brett Kavanaugh through the confirmation process.

Instead the theory argued by Filosofa’s Word’s Jill Dennison in her post, “I Smell A Rat” has merit. In November 2018, the US Supreme Court is set to hear arguments about adding the question about one’s citizenship to the census forms that need to be published and sent to US households throughout the country. The White House considers this to be a crucial issue. Why is that, if the information contained within the form is supposed to be absolutely confidential? Is it because this White House intends to use this data for nefarious purposes?

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Research data regarding the case Gamble vs. US., No. 17-646:

See: www.scotusblog.com

As per the courtmartial.com analysis by the Law Office of Phillip D. Cave, “The Double Jeopardy Clause does not bar one sovereign from proceeding on a charge of which an accused has been acquitted by another sovereign. Furthermore, the doctrine of collateral estoppel is inapplicable to prosecutions by a separate sovereign. United States v. Cuellar, 27 M.J. 50, 54-55 (C.M.A. 1988), cert. denied, 493 U.S. 811 (1989). Since appellant could have been reprosecuted by the military for first-degree assault or its equivalent, he clearly could be prosecuted for the entirely separate offense of conduct unbecoming an officer, which was committed at a wholly distinct place and time. Appellant’s subordinate contention that his prosecution for falsely testifying was barred by Army policy also fails.”

“United States v. Schneider, 38 M.J. 387, 391-92 (C.A.A.F. 1993).  See also United States v. Wheeler,40 M.J. 242 (C.M.A. 1994) (discussion of a federal civilian and a court-martial prosecution for the same or similar offense).”

“I have had cases, as a military defense counsel, where the accused was prosecuted after the state cases.  In each, the state was unable to get a conviction and so the military took over.  This will happen more because of sexual assault politics.  As a military defense counsel, I have challenged the process but have been beaten back because the case law, according to military cases, is clear—there is no double jeopardy problem.  But it seems clear that military defense counsel should continue to litigate double jeopardy in cases where there has been a state prosecution.  So, military appellate defense counsel should raise the issue citing a possibility of a change in the law.”

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“Gamble v. United States, No. 17-646.  The Court granted the petition in this case.  Note that in this case the state and federal prosecutions were going on at the same time  The argument goes something like this:”

“The separate-sovereigns exception to the Double Jeopardy Clause should be overruled. Indeed, the exception flunks every test of constitutional interpretation. It has no basis in the text of the Fifth Amendment. It is inconsistent with the Clause’s original meaning, which derived from a long common law tradition that explicitly extended to prosecutions by separate sovereigns. It is irreconcilable with the Clause’s driving purpose, which is to ensure finality by protecting individuals from the threat or reality of successive prosecutions. And it distorts foundational precepts of federalism, pursuant to which our system of dual sovereignty is supposed to protect individual liberty rather than take it away.”

  • “Gamble was prosecuted and sentenced twice for the same crime in Alabama and federal court which lengthened his sentence.”
  • “Counsel characterize Lanza as a “manufactured” rule inconsistent with the text and original meaning of the Constitution and outdated because of the ever-expanding scope of federal law.”

8 comments

  1. Dear Mz. Gronda,

    Prior to posting the link to the Gamble vs. U.S. case, I read several short opinion pieces from right leaning attorneys that suggested a decision to overturn the current statute could allow the President to actually pardon people convicted in state courts that were never charged in the Federal system. If true then that along with the perceived need to re litigate the Roe Vs Wade decision would fire up his base and give him good standing in the Evangelical/Christian community. I have been looking for more and more apparent reasons for the rush to seat this man on the court, but all these along with what I like to call King Donnie’s get out of jail free card would seem to be sufficient for most of his base to dance in the streets, much like the Arab’s he saw doing so after 911!

    Liked by 3 people

    • I forgot to ask you this. Is there even a remote possibility that the reason that these senators are rushing this process is to protect themselves from fallout over Mueller’s investigation of the NRA money laundering allegations? It seems like all of these people have received large sums of money from the NRA… Could it be that there rush is actually self serving for their own protection?

      Liked by 3 people

      • Dear Crustyolemothman,

        You’ve come up with a theory that holds water as it would be in the GOP senators’ self serving interests to keep that Russian money pile that was channeled to the NRA which in turn funded 2016 GOP election campaigns, under wraps.

        They must know that we get that they are knowingly placing a partisan on the Supreme Court which means that they are up to something.

        They’ve been working so hard to pin this 9/27/18 hearing fiasco on the democrats being so politically crass to where it’s obvious that they have orchestrated this show. I only wish that Democrats were as good at this political hardball gamesmanship es republicans have been.

        The GOP senators need to point the fingers at themselves.

        You’ve developed a good theory. Let me do some research on this topic.

        Hugs, Gronda

        Liked by 3 people

  2. Hi Gronda. Excellent post. There may be several reasons for the GOP’s rush to confirm Kavanaugh including the fear that once democrats are in power they will play the same kind of hardball politics as the GOP. Several things seem clear: In 2016, the people of United States were attacked by the Russian military with weapons that included staged events, weaponised disinformation and other acts of psychological warfare; the result of these attacks: our current President, a malignant pathological narcissist who may be an unwitting Russian asset, though I doubt he’s unwitting. Our Russian-American President’s job is the destruction of our nation’s moral credibility and economic power and he is doing a fine job of it. I have no doubt Kavanaugh will overturn Roe v Wade and that he will follow orders and empower Trump to become a fully lawless President. But his presence on the court is enough to discredit the Supreme Court as an impartial branch of government, a loss of faith that began when the Gorsuch nomination passed. Putin is a happy enemy today.

    Liked by 1 person

    • Dear Rob,

      It is my opinion only that the GOP senators are fast tracking this SCOTUS nominee Judge Brett Kavanaugh through the confirmation process because he is a partisan who they know will be partisan in his rulings.

      Other more qualified judges on the list complied by the Federalist Society are being overlooked. Why? They would also be hard-nosed about overturning Roe v. Wade; same sex marriages, etc.

      There has to be that smoking gun reason for them to keep acting insane over this nomination.

      You are right. If Judge Kavanaugh gets to be a Supreme Court justice, the courts will no longer be an impartial branch of government.

      Hugs, Gronda

      Liked by 1 person

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