Bob Schwartz

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The Kavanaugh Hearing and Investigation: A Tiny Preview of What Happens After the Mueller Indictments and Report

As expected, the small accommodation and reasonableness following the Kavanaugh hearing are almost certainly an illusion.

The White House has not just limited the scope of the FBI investigation; it is essentially managing it. Trump and Trump-servile Republicans are more committed than ever to getting Kavanaugh immediately on the Supreme Court—despite his clearly lying, not just about a sexual assault, but about his life. He also exhibited temperament unsuitable for any judge, let alone a Supreme Court Justice: angry, belligerent, evasive, weirdly emotional, and particularly defensive about his drinking. Besides rambling on about how much he liked beer, he rudely asked not one but two United States Senators what they drink. At times, it seemed less like a hearing and more like an intervention for a functioning alcoholic.

The Republicans don’t care. There are going to be plenty of legal questions and cases involving Trump and his associates coming before the Supreme Court. It is essential that Trump have someone fighting for him not just at the Court but on the Court. Nothing can stand in the way of that.

Kavanaugh is tainted, thanks to his own behavior, and will remain so if and as long as he sits on the Court. He is in his fifties, those who knew him, worked with him, and socialized with him are in their fifties or younger. For decades, revelations will keep coming out about the real Brett Kavanaugh. As angry as that may make him—and us—he will have the ultimate advantage if he is on the Court, as one of the nine most powerful people in America—with lifelong tenure.

The bigger point is that this has been a preview of what Trump, his executive staff—including the Justice Department and the FBI—and the Republicans will do as soon as the cascade of indictments and the report come from Mueller. If you thought last week was crazy, fasten your seatbelts—it’s going to be a wild and bumpy ride.

A Republican Supreme Court Nominee Lied in a Senate Confirmation Hearing

ABA Model Rules of Professional Conduct
Rule 3.3 – Candor Toward The Tribunal
(a) A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;…(3) offer evidence that the lawyer knows to be false.

Brett Kavanaugh, outraged and defiant, lied to the Senate Judiciary Committee about a number of matters in the hearing yesterday:

Washington Post:  Here’s where Kavanaugh’s sworn testimony was misleading or wrong

A Republican Supreme Court nominee lied in a Senate confirmation hearing.
A Republican Supreme Court nominee lied in a Senate confirmation hearing.
A Republican Supreme Court nominee lied in a Senate confirmation hearing.

Forget about the allegations of sexual misconduct. Forget about the chronic drinking. Forget about any other suspected behavior. Forget about all of that and focus only on that one sentence:

A Republican Supreme Court nominee lied in a Senate confirmation hearing.

The drama continues, with Jeff Flake’s equivocation leading to a request for an FBI investigation strictly limited to the incident with Christine Blasey Ford. If Mark Judge agrees to talk to the FBI, which he may not, it is expected that he will continue to maintain no memory of it. The limited scope insures he won’t be asked about any other matters concerning Kavanaugh.

The Republican fix is in, the leadership has been clear on that, and relenting on a limited investigation doesn’t change that.

Instead, just look back and forth between that sentence and every Republican in office who demonstrates spineless disregard for American values and norms. Every citizen, every lawyer, every decent American should look. Look at those Republicans, then look at this:

A Republican Supreme Court nominee lied in a Senate confirmation hearing.

What Trump MEANT to say: “I wanted a Supreme Court nominee willing to lie to get and keep his job. Like me. And I got it.”

What Trump said immediately after Kavanaugh’s appearance at the Senate hearing:

“Judge Kavanaugh showed America exactly why I nominated him.”

What Trump meant to say:

“I wanted a Supreme Court nominee willing to lie to get and keep his job. Like me. And I got it. You’re welcome America.”

The Trump/Cosby/Weinstein Analysis Becomes the Kavanaugh Analysis: Individual Incidents or Pattern of Behavior or Bad Character. Or All of the Above.

We’ve been learning the hard way how it works when people of power, prestige or celebrity are accused of bad things. Individual and isolated incidents are denied or covered up. Even if there is a smattering of proof, this keeps the focus away from the more important issues of patterns of behavior or bad character. In fact, when you bolster with endorsements of “good character”, the impact of the individual incidents is softened, and a pattern of behavior becomes unthinkable.

We have reached the point in the Brett Kavanaugh consideration where individual incidents are being set aside or shot down, just as evidence of a pattern of behavior or bad character is creeping in. That evidence isn’t even new. His high school drinking and debauchery buddy Mark Judge has written in his memoir about drunken exploits with his thinly disguised pal “Bart O’Kavanagh”. Judge will not be questioned, and merely says that he was given to frequent alcoholic blackouts (in high school and for years to come), and so he has no memory of the particular incident. Which begs the question of whether he and Kavanaugh engaged in a pattern of drunken and drugged exploitation of young women—something Judge no doubt remembers, even in an alcoholic haze.

It took years—decades—for the sordid past to catch up with Cosby, Weinstein, and others. Astonishingly, the sordid past still hasn’t caught up with Trump. If you ask Republicans, we have literally days to decide whether Kavanaugh has the character to serve on the Supreme Court. There is evidence that he does not, and it is something that can be determined only by a true due diligence review of the individual incidents, of a pattern of behavior and of character. There is no need to rush to judgment, and every reason to pause.

Ben Franklin: My University of Pennsylvania Should Revoke Trump’s Diploma

“By the way this idiot Woodward who wrote this book which is all fiction said that I said something like that, but he put it in a crude manner…The concept is true, but the way it was said was very…hey, I went, like, to the best college.”
Trump at a North Dakota rally

Trump self-importantly crows about his degree from Wharton (like all the time), the business school of the University of Pennsylvania in Philadelphia. Trump’s point is that he must be, like, a genius with that Penn degree. Penn, is, like, a very good school that continues to provide its students with an excellent education. Though in some small number of high-profile cases, it appears to be casting pearls before swine.

The bigger point is Ben Franklin, credited as founder of the university. Above is a photo of the Ben Franklin statue at the center of campus, in front of College Hall.

Penn has tried to walk a fine line in its relationship with Trump, and with other members of his family who have attended Penn. Just as the sins of the father should not be visited on children, the sins of the alumnus should not be visited on a college. Penn did the best it could, given what it had to work with.

Ben Franklin is having none of it. Among our American founders, he is the most famous for not suffering fools. That’s why he is asking the University of Pennsylvania—his University of Pennsylvania—to revoke Trump’s diploma. That won’t stop Trump from continuing to say he went, like, to the best college, but it will give the best college a way to say: thanks for the compliment and PR, but no thanks. And it will give Ben Franklin a way to stop spinning in his grave, just a few blocks from Independence Hall. Because this is not what he envisioned for the first-ever Penn grad in the White House. Not, like, at all.

The History Test: If the Bob Woodward book doesn’t convince Republicans to remove the president, history will brand them accomplices to disaster

The new Bob Woodward book Fear: Trump in the White House was expected to be explosive. It turns out to be much more than that.

The official book release date isn’t until next week, but the media have it today. Just from the first reports and the mind-boggling quotes from his senior staff and advisers, it is a startling picture—painted by those working closest to him—of presidential incompetence, ignorance, incivility and instability. It is not just a dangerous leadership morass unprecedented in American history; it is unprecedented in the history of world powers. (Which is to say, even the most vile dictators have been clever and knowledgeable, if not downright brilliant.)

Over the coming days, there will be a flood of quotes and reports from the book, followed next week by its public availability. Those who already know the president’s disabilities will still be astonished and even more dismayed. Those partisans who refuse to acknowledge those disabilities will try pointlessly to discredit Woodward—even though he is the dean of American investigative journalists, even though he has recordings of all his many interviews. As for the president, this may be the one that triggers the inevitable total meltdown, which is tempting to consider as a neon billboard to Republicans, but which none of us can wish for as long as he is in the Oval Office.

What now, what next?

As previously noted, even if some Republicans miraculously admit that the president should leave office, and even if Democrats take over one or both houses of Congress in January, the options for preventing damage or disaster are limited. Removal from office by impeachment requires a simple majority of the House but two-thirds majority of the Senate. Removal from office by the 25th Amendment is even more daunting, involving the agreement of the Vice President and the cabinet. And all of that takes time, allowing the incompetent, ignorant, uncivil and unstable president to stay in the White House.

But at least there’s this: When the president asks, “Who are you going to believe, me or your lying eyes?”, we can just throw the book at him.

Big and Small People

Thinking this morning about the disgraceful way Trump is treating John McCain at the time of his death—no different than the disgraceful way Trump treated him in the final days of his fatal illness—this came to mind: Trump is a small, small person.

That’s appropriate, but what exactly does “small person” mean?

I think it means small of spirit. Our traditions urge us to be bigger of spirit. Not just better, though that might be nice, but bigger. As big as whatever we conceive the biggest to be.

There is a small, hard and dark place inside of us. Small, but we can live there, once in a while, for a little while, or in the case of some people, most or all of the time.

The traditions want to get us into a bigger space with unlimited dimensions. So big that it encompasses everybody and everything. That doesn’t mean that we care about everybody and everything or act in ways consistent with such universal care. Nor does it mean that the small, hard and dark place inside dissolves and disappears. It just means that some of the time, more and more of the time if possible, you live in the space of the bigger spirit. That’s all.

The small, small person is the one trapped in that small, hard and dark place. You may be disturbed that you have to hear about such people, but you should be hopeful and joyful that it is not you.

Dean Chamberlain: Light Paintings of Elder Psychedelic Pioneers

Timothy Leary © Dean Chamberlain

Dean Chamberlain is an extraordinary photographic artist. He works in a technique known as light painting, using hand-held lights to illuminate and color a scene photographed in long exposure. While versions of the technique have been known and used since the early days of photography, Dean was the first artist to work exclusively in the medium.

From Light Painting Photography:

Dean Chamberlain is the father of light painting photography and has been capturing photographs since 1967. It was his passion for photography that led him to the Rochester Institute of Technology in 1974 to pursue a fine art degree. During Dean’s time at Rochester in 1977 he discovered light painting photography. Dean was the first person to coin the term “Light Painting” for his open shutter long exposure photographic technique. He has worked with his unique art form ever since in his various works. Dean has created stunning portraits of well-known individuals such as David Bowie and Paul McCartney. He has also directed numerous music videos. Chamberlain’s work has appeared in publications such as Esquire, Vanity Fair and the Washington Post. He has received an MTV breakthrough award for directing music videos for Arcadia (Missing), Paul McCartney (This One) and Duran Duran (All She Wants Is).

Along with light painting rock stars, landscapes and other subjects, Dean created a unique series called Elder Psychedelic Pioneers. This includes Timothy Leary, Albert Hofmann, Alexander Shulgin, and others—many of whom have now passed on.

Albert Hofmann © Dean Chamberlain

 

Alexander and Ann Shulgin © Dean Chamberlain

 

Laura Huxley © Dean Chamberlain

Trump and Rudy predict economic apocalypse and civil war if Trump is impeached. One of them may be right.

“Après moi, le déluge” (“After me, the flood”)
King Louis XV of France, predicting the disaster that would follow his overthrow

Today, Trump predicted what will happen if he is removed from office:

“If I ever got impeached, I think the market would crash, I think everybody would be very poor.”

The same day, Trump’s lawyer Rudy Giuliani offered an even more dire prediction:

“The American people would revolt if Trump were impeached.”

Usually, Trump and Rudy are the Tweedledee and Tweedledum of mendacious and idiotic nonsense. In this case, though, while one of them is as ridiculously wrong as ever, one of them may actually have a point.

If Trump’s departure had any effect one way or the other on the market and the economy, it would likely be a boost, as the majority of Americans would be giddily celebrating.

Rudy also means to be apocalyptically strategic, like Louis XV. But Rudy, in his own un-American and seditious way, may be on to something.

We don’t know exactly how many die hard Trump supporters there are, ones who believe unconditionally in his leadership no matter what happens or is uncovered. It may be 10%, 20% or 30% of Americans. The exact percentage doesn’t matter. Even if it is “only” 10%, that is still tens of millions of people—often unreasonably committed people.

For those people, Trump’s removal would be seen as final proof that this country is rigged and moving in the worst possible direction. Even if you reduce the percentage, and get down to just a few million Americans, do you doubt the possibility that those people might try to set America back on the right track by taking matters into their own hands?

“The un-celebrity president: Jimmy Carter shuns riches, lives modestly in his Georgia hometown”


Jimmy and Rosalynn Carter walk home with Secret Service agents along West Church Street after having dinner at a friend’s house in Plains, Ga.

The Washington Post story on the current life of former American president Jimmy Carter (excerpted below) is worthwhile and uplifting, even if you do not think much of Carter’s presidency, even if you are not an American.

It is the story of a good, faithful and humble man of 93 who loves his country, loves his God, and especially loves his wife of 72 years. A man who wanted to serve and did, and does not believe that his former exalted position entitles him to more than an average portion—even though most recent past presidents have assumed an entitlement to much more.

In these times, it is more than moving to read this story. It is a privilege to share a country with Jimmy Carter and know that this is possible. It must be possible.


The un-celebrity president

Story by Kevin Sullivan and Mary Jordan
Washington Post

PLAINS, Georgia
Jimmy Carter finishes his Saturday night dinner, salmon and broccoli casserole on a paper plate, flashes his famous toothy grin and calls playfully to his wife of 72 years, Rosalynn: “C’mon, kid.”

She laughs and takes his hand, and they walk carefully through a neighbor’s kitchen filled with 1976 campaign buttons, photos of world leaders and a couple of unopened cans of Billy Beer, then out the back door, where three Secret Service agents wait.

They do this just about every weekend in this tiny town where they were born — he almost 94 years ago, she almost 91. Dinner at their friend Jill Stuckey’s house, with plastic Solo cups of ice water and one glass each of bargain-brand chardonnay, then the half-mile walk home to the ranch house they built in 1961….

The 39th president of the United States lives modestly, a sharp contrast to his successors, who have left the White House to embrace power of another kind: wealth.

Even those who didn’t start out rich, including Bill Clinton and Barack Obama, have made tens of millions of dollars on the private-sector opportunities that flow so easily to ex-presidents.

TOP: The Carters have dinner at their friend Jill Stuckey’s house, where they drank ice water out of plastic Solo cups and each had a glass of bargain-brand chardonnay. LEFT: Carter enjoys his Saturday night dinner at Stuckey’s house on a paper plate. RIGHT: The Carters hold hands as they walk home. The couple — he, almost 94, and she, almost 91 — have been married 72 years.

When Carter left the White House after one tumultuous term, trounced by Ronald Reagan in the 1980 election, he returned to Plains, a speck of peanut and cotton farmland that to this day has a nearly 40 percent poverty rate.

The Democratic former president decided not to join corporate boards or give speeches for big money because, he says, he didn’t want to “capitalize financially on being in the White House.”…

“I don’t see anything wrong with it; I don’t blame other people for doing it,” Carter says over dinner. “It just never had been my ambition to be rich.”

Carter was 56 when he returned to Plains from Washington. He says his peanut business, held in a blind trust during his presidency, was $1 million in debt, and he was forced to sell.

“We thought we were going to lose everything,” says Rosalynn, sitting beside him.

Carter decided that his income would come from writing, and he has written 33 books, about his life and career, his faith, Middle East peace, women’s rights, aging, fishing, woodworking, even a children’s book written with his daughter, Amy Carter, called “The Little Baby Snoogle-Fleejer.”

With book income and the $210,700 annual pension all former presidents receive, the Carters live comfortably. But his books have never fetched the massive sums commanded by more recent presidents….

Carter is the only president in the modern era to return full-time to the house he lived in before he entered politics — a two-bedroom rancher assessed at $167,000, less than the value of the armored Secret Service vehicles parked outside….

Carter costs U.S. taxpayers less than any other ex-president, according to the General Services Administration, with a total bill for him in the current fiscal year of $456,000, covering pensions, an office, staff and other expenses. That’s less than half the $952,000 budgeted for George H.W. Bush; the three other living ex-presidents — Clinton, George W. Bush and Obama — cost taxpayers more than $1 million each per year.

Carter doesn’t even have federal retirement health benefits because he worked for the government for four years — less than the five years needed to qualify, according to the GSA. He says he receives health benefits through Emory University, where he has taught for 36 years.

The Plains general store, once owned by Carter’s Uncle Buddy, sells Carter memorabilia and scoops of peanut butter ice cream in honor of Carter, who was a peanut farmer.

The federal government pays for an office for each ex-president. Carter’s, in the Carter Center in Atlanta, is the least expensive, at $115,000 this year. The Carters could have built a more elaborate office with living quarters, but for years they slept on a pullout couch for a week each month. Recently, they had a Murphy bed installed….

Carter’s gait is a little unsteady these days, three years after a diagnosis of melanoma on his liver and brain. At a 2015 news conference to announce his illness, he seemed to be bidding a stoic farewell, saying he was “perfectly at ease with whatever comes.”

But now, after radiation and chemotherapy, Carter says he is cancer-free….

When Carter looks back at his presidency, he says he is most proud of “keeping the peace and supporting human rights,” the Camp David accords that brokered peace between Israel and Egypt, and his work to normalize relations with China. In 2002, he was awarded the Nobel Peace Prize for his efforts.

“I always told the truth,” he says.

Carter has been notably quiet about President Trump. But on this night, two years into Trump’s term, he’s not holding back.

“I think he’s a disaster,” Carter says. “In human rights and taking care of people and treating people equal.”

“The worst is that he is not telling the truth, and that just hurts everything,” Rosalynn says.

Carter says his father taught him that truthfulness matters. He said that was reinforced at the U.S. Naval Academy, where he said students are expelled for telling even the smallest lie.

“I think there’s been an attitude of ignorance toward the truth by President Trump,” he says….

He points out the Plains United Methodist Church, where he spotted young Eleanor Rosalynn Smith one evening when he was home from the Naval Academy.

He asked her out. They went to a movie, and the next morning he told his mother he was going to marry Rosalynn.

“I didn’t know that for years,” she says with a smile.

They are asked if there is anything they want but don’t have.

“I can’t think of anything,” Carter says, turning to Rosalynn. “And you?”

“No, I’m happy,” she says.

“We feel at home here,” Carter says. “And the folks in town, when we need it, they take care of us.”

Every other Sunday morning, Carter teaches Sunday school at the Maranatha Baptist Church on the edge of town, and people line up the night before to get a seat.

This Sunday morning happens to be his 800th lesson since he left the White House.

He walks in wearing a blazer too big through the shoulders, a striped shirt and a turquoise bolo tie. He asks where people have come from, and from the pews they call out at least 20 states, Canada, Kenya, China and Denmark.

He tells the congregation that he’s planning a trip to Montana to go fishing with his friend Ted Turner, and that he’s going to ride in his son’s autogiro — a sort of mini-helicopter.

“I’m still fairly active,” he says, and everyone laughs….

They walk past a pond, which Carter helped dig and where he now works on his fly-fishing technique. They point out a willow tree at the pond’s edge, on a gentle sloping lawn, where they will be buried in graves marked by simple stones.

They know their graves will draw tourists and boost the Plains economy….

Their house is dated, but homey and comfortable, with a rustic living room and a small kitchen. A cooler bearing the presidential seal sits on the floor in the kitchen — Carter says they use it for leftovers….

On this summer morning, Rosalynn mixes pancake batter and sprinkles in blueberries grown on their land.

Carter cooks them on the griddle.

Then he does the dishes.