About That Anthony Kennedy Thing

This whole mess just gets worse.

Josh Marshall, TPM, cites an email he got from a former federal public corruption prosecutor …:

I am deeply concerned that the Kennedy retirement will put the rule of law and our democratic institutions at graver risk than ever before. The President of the United States is the subject of a serious federal criminal investigation into (1) whether he conspired with a foreign adversary to help him win a narrow electoral college victory; and (2) whether he has obstructed that very investigation by, among things, firing the FBI director in charge of the investigation. The President will now be able to choose the person who, in a very real sense, may be the ultimate arbiter of whether or not he and others are ever held accountable.

Consider that the Supreme Court may be called upon to decide, for example, whether the President can pardon himself or others to protect himself, whether a sitting President can be indicted, whether a sitting President can be compelled to testify before a federal grand jury, whether the appointment of the Special Counsel somehow violated the Appointments Clause (as some conservatives absurdly assert), and whether a President can ever obstruct justice. Even beyond the Mueller investigation, the Supreme Court may be called upon to decide whether the President’s acceptance of significant foreign funds through his businesses violates the Emoluments Clause. We have no idea how Justice Kennedy would have ruled on these questions (he hasn’t exactly distinguished himself in the last two days). But we have no doubt how a Trump appointee will. Never before has the selection of a Supreme Court nominee been so thoroughly compromised by the President’s profound personal interest in appointing a judge the President can count on to protect the President. This is DEFCON 1 for the rule of law in this country.

Democrats in the Senate seem to have missed this point, or are too feeble to effectively prosecute the basic conflict of interest case. Instead, they have fallen back on the “McConnell rule” as a justification to delay a vote. Make no mistake, the treatment of Judge Garland and the theft of President Obama’s nomination power was an outrage and a terrible precedent. But Democrats should not endorse it. They should not let McConnell’s mendacity become the norm. It should stand on its own in history as the flagrant abuse of power that it was. In any event, Democrats have a much stronger case to make: no vote should be taken until after the Special Counsel has submitted a report to Congress, or closed the investigation of the President. A President under federal criminal investigation for stealing an election should not be able to nominate the person who may decide his fate. There will be a cloud over the legitimacy of this nomination unless and until the cloud of the Mueller investigation has been lifted.


Wondering why Trey Gowdy and Jim Jordan (et al) are trying so hard to turn up the heat - trying get Mueller to wrap it up right now, &/or branded as the bad guy?

Then there's this too - Say Hello to Your Boy. A Special Guy.

The Times has a fascinating article tonight on the Trump White House’s courtship of Justice Anthony Kennedy, building a relationship and rapport to make Kennedy comfortable retiring on Trump’s watch and ahead of the 2018 midterm election. One particular detail grabbed my attention: Justice Kennedy’s son Justin was the global head of real estate capital markets at Deutsche Bank and a key lifeline of capital to President Donald Trump.

Here’s how the Times tells it …

But they had a connection, one Mr. Trump was quick to note in the moments after his first address to Congress in February 2017. As he made his way out of the chamber, Mr. Trump paused to chat with the justice.

“Say hello to your boy,” Mr. Trump said. “Special guy.”

Mr. Trump was apparently referring to Justice Kennedy’s son, Justin. The younger Mr. Kennedy spent more than a decade at Deutsche Bank, eventually rising to become the bank’s global head of real estate capital markets, and he worked closely with Mr. Trump when he was a real estate developer, according to two people with knowledge of his role.

During Mr. Kennedy’s tenure, Deutsche Bank became Mr. Trump’s most important lender, dispensing well over $1 billion in loans to him for the renovation and construction of skyscrapers in New York and Chicago at a time other mainstream banks were wary of doing business with him because of his troubled business history.

As many of you will remember, Deutsche Bank isn’t just any bank. As I noted in the first post I wrote about Trump’s ties to Russia and Vladimir Putin back on July 23rd, 2016, by the mid-90s, every major US bank had blackballed Donald Trump. as the Times put it in 2016, “Several bankers on Wall Street say they are simply not willing to take on what they almost uniformly referred to as ‘Donald risk.'” None would do business with him. With one big exception: Deutsche Bank.

So it may not be quite as sinister as I'm prone to think it is, but we're constantly learning about shit going on that Cult45 needs to hide, and that justifies a pretty high level of cynicism, if not outright paranoia.