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Hugh Hewitt @hughhewitt
, 4 tweets, 2 min read Read on Twitter
One of the best models of a Judge Kavanaugh opinion is
Multicultural Media v FCC, from October of last year: cadc.uscourts.gov/internet/opini… It is about whether the FCC could be obliged by litigants to oblige broadcaster to carry emergency alerts in languages other than English.
Laymen can grasp the controversy because of Kavanaugh’s direct style, appreciate his wry humor —the FCC is said by him to be working at the pace of “standard bureaucratic time,” and he deftly outlines the two major inquires and answers them.
Because the size and growth of the federal government is central to the dilemmas of the day, adding a brilliant watchdog of the administrative state to #SCOTUS is a strong move that threaten many interests that will disguise attacks as abortion rights/same sex marriage related.
They won’t be. Nor are the worries about him as a Souter remotely justified. Some, including me, had other favorites. But the competition is over. That means supporting him, leaning on all senators to do the right thing + quickly confirm Justice Kavanaugh. washingtonpost.com/blogs/post-par…
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I was at the breakfast briefing and this is the top line from ⁦@AmbJohnBolton⁩ (pretty sure 99% accurate thanks to colleagues with recorders): “A lot of the press coverage about the decisions on Syria kind of missed what the president had in mind.” washingtonpost.com/world/national…
“And certainly encompassed in that is it’s very clear we’re going to withdraw, we want protect american forces during the withdrawal period. But the president also expects we woyld be able to accomplish the destruction of the ISIS territorial caliphate
and other ISIS personnel and facilities that r potentially dangerous to us as we leave.
It’s also very important that as we discuss with members of the coalktion, other countries that have aninterest like isreal and turkey that we epxect that those who have fought w/us in Syria
Read 5 tweets
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Earlier this AM, @AmbJohnBolton told journalists traveling w/ him re timetable for w/drawal from Syria that “this is a cause and effect. Timetables or the timing of the withdrawal occurs as a result of the fulfillment of the conditions and establishment of the circumstances we
want to see.” In response to question re legal authority for maintaining US troops at Tanf, @AmbJohnBolton replied “Well I think there’s plenty of legal justification about concern for the resurgence of ISIS. But I’m a strong believer in Article II, and I think what that means is
the president has full authority to protect American and allied interests around the world.” @AmbJohnBolton also commented on passing of fmr SecDef Brown: “He was a great patriot who devotes most of his life to public service. You don’t have to agree w/someone all the time to see
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From one of military buddies: "A couple points to consider about the Chang'i 4 landing. One, China's space program is controlled by the Party and by their military. There is no civilian aspect to it.
Second, the southern and norther poles of the moon are critical for a number of reasons. One is that there is water there in the form of ice in the permanent shadow of deep craters. This water will be important for building permanent bases on the moon.
Third, the poles are important military positions because there are places at the poles that can always look down on the earth with sensors and weapons. China's landing at the southern pole at the Aiken Basin is a key military strategic achievement.
Read 4 tweets

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Brett #Kavanaugh doesn't have the integrity to be on SCOTUS. Kavanaugh committed AT LEAST 5 instances of perjury. This is judicial misconduct. Let me spell some of it out for you and tell you what YOU can do. #StopKavanaugh #PerjuryBrett

<THREAD>
1) In 2002 Manny Miranda stole thousands of documents belonging to Dems. Kavanaugh worked alongside Miranda. During a 2004 confirmation hearing Kavanaugh denied receiving any of the documents Miranda stole. In 2006 he lied again under oath. We now know he committed perjury.
2) At a 2006 confirmation hearing, Kavanaugh told @SenatorLeahy that he knew nothing of an illegal warrantless wiretapping program until the New York Times broke the story in 2005. Now we know he was lying. He committed perjury.
Read 7 tweets
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I have this "thing". It really bothers me when the people, who are supposed to be served by their representatives over donor money, have documents withheld for a SCOTUS appointment.

So - stay tuned for a big Kavanaugh document dump.

#OpKavanaugh
1/ Booker - Confidential - Kavanaugh emails on race

documentcloud.org/documents/4834…
2/ Kavanaugh - President Grand Jury Testimony
documentcloud.org/documents/4742…
Read 282 tweets
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1/ BRETT KAVANAUGH — A Thread. Re campaign finance law, he ruled in Emily’s List v. FEC (2009) that the FEC’s regulation restricting how nonprofits raise and spend money violates the First Amendment. His ruling came *before* the Citizens United decisions (transition.fec.gov/law/litigation…)
2/ In one of his more controversial opinions, in a 2011 case involving Obamacare known as Seven-Sky v. Holder, Kavanaugh wrote a dissenting opinion asserting that federal courts shouldn’t hear constitutional challenges to Obamacare. (scholar.google.com/scholar_case?h…)
3/ In 2012, Kavanaugh dissented from the majority in Coalition for Responsible Regulation v. EPA, a case that determined the EPA could disregard cost-benefit analysis when considering a regulation. SCOTUS reversed D.C. Circuit, citing Kavanaugh’s dissent (cadc.uscourts.gov/internet/opini…)
Read 26 tweets
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Would you support a Supreme Court nominee if a Senator asked the Attorney General to investigate that person for perjury?

What if that same nominee thought a president should be free from virtually any scrutiny while in office?

Both are part of Brett Kavanaugh’s record.

Thread
Kavanaugh worked in the Bush White House. Later, he testified at his confirmation hearing to become a federal judge and was asked about his role in the administration’s development of policies involving torture and treatment of detainees. He denied all knowledge and was confirmed
The next year, NPR reports came out which indicated Kavanaugh was indeed aware of these policies. Senator Durbin said “[h]e had to know he was misleading me and the committee and the people who were following this controversial nomination.”

Senator Leahy went further.
Read 14 tweets
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I’m spending a lot of time reviewing Judge Kavanaugh’s rulings to see if he has the temperament and wisdom—and whether he has shown the independence needed of our next #SupremeCourt Justice. Very disappointed by what I’m seeing:
He disagreed with, and wrote a dissent against, a court ruling that the punishment for entering this country illegally cannot be “forcing a child to have a baby”
His opinion would have allowed the government to use delay tactics to prevent women and girls from controlling what happens to their own body. Or, in other words, he drafted a (losing) legal argument that would have forced a child to have a baby acludc.org/sites/default/…
Read 16 tweets
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1. Judge Brett #Kavanaugh is on @realDonaldTrump's short list to replace Anthony Kennedy on #SCOTUS. In #HallvSebelius (2012), he issued a bizarre ruling that allowed exec agencies to usurp Congress' legislative powers & delayed desperately needed #Medicare reform. @CatoInstitute
@realDonaldTrump @CatoInstitute 2. I have a history with #HallvSebelius (en.wikipedia.org/wiki/Hall_v._S…). I published the @CatoInstitute study (object.cato.org/pubs/pas/pa601…) that caught Hall’s eye. I introduced him to the author, who became his attorney. I may have referred another plaintiff (a Cato board member), etc.
@realDonaldTrump @CatoInstitute 3. Background: SSA wrote an internal doc saying anyone who declines #Medicare forfeits all @SocialSecurity benefits & must return any already received. Fed law neither creates nor implies such a rule, neither authorizes nor implies SSA can create it, and SSA didn’t follow #APA.
Read 17 tweets

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