Oct 13, 2019

Yes Please, Ma'am


You can't shut down Smarmspace altogether, but in general, trying to make it smaller is a very good idea.

Common Dreams:

One went up and one went down. Each enjoyed similar benefits as a result of their travels. I refer to Brett Kavanaugh and Maryanne Trump Barry. Brett ascended to the United States Supreme Court and Maryanne descended from the United States Court of Appeals for the Third Circuit. Their travels enabled them to escape the consequences of their misconduct.

Because of his ascension, Brett avoided facing any consequences for claims of sexual misconduct that followed him through his confirmation process, and more pertinently, complaints about his ethical misconduct during his confirmation hearing.

The misconduct during his confirmation hearing came about because of his inadequately developed sense of propriety that manifested itself when, during the hearing before the Senate Judiciary Committee which was considering his appointment to the United States Supreme Court, he modeled himself after the White House juvenile (who in a recent moment of petulance described himself as having "great and unmatched wisdom"). Equally petulant during his confirmation hearing, Brett screamed and yelled at the committee which was trying to determine whether he was fit to serve on the United States Supreme Court. He said the hearing was "a calculated and orchestrated political hit job ...revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups."

By the time the Senate voted on Brett's confirmation, 83 complaints had been lodged against him with the Committee on Judicial and Disability because of, among other things, his puerile conduct before the senators. After his ascension, the committee said he was no longer subject to the federal judiciary's internal ethics review process. That is because the act does not give the committee the ability to investigate grievances against members of the Supreme Court. Brett is home free for life. So is Maryanne.


- snip -

Sen. Elizabeth Warren (D-Mass.) has now come up with a plan to put an end to the immunity for consequences of bad behavior by federal judges that now protects them. She wants to close the loophole through which Brett and Maryanne crawled. As she explained: "My plan extends the authority of the Judicial Conference to former judges so that individuals under investigation cannot simply resign from the bench to avoid accountability." She also wants to extend the Code of Conduct for United States Judges to Justices sitting on the Supreme Court. If Sen. Warren's proposals were adopted, Brett–Maryanne results would no longer occur.


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