The Long Game with Brett Kavanaugh

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The Long Game with Brett Kavanaugh

Come Thursday, Christine Blasey Ford will testify before the Senate Judiciary Committee regarding her accusations against Supreme Court nominee Brett Kavanaugh. Whether Kavanaugh’s second accuser will testify is not known at this time, and now Michael Avenatti, the attorney for Stormy Daniels, says he has a reliable third witness. But, here’s my problem.

Neither Republicans nor Kavanaugh are asking for an FBI investigation. As I’ve written before, if Kavanaugh was truly looking to get the bottom of this, the truth, Kavanaugh should be first one making that request. But, he hasn’t even though that is the reasonable thing to do. However, let’s forget the Supreme Court for a minute.

Kavanaugh already has a lifetime appointment to the U.S. Court of Appeals for the D.C. Circuit after being appointed by President Bush and by the way, his first nomination to the U.S. Court of Appeals was a three-year battle because of his partisanship, so for President Trump to argue this is political, it always has been with Kavanaugh. But, let’s look at the bigger picture.

As I said in the first line of the paragraph above, Kavanaugh already has a job for life. And even if Kavanaugh withdraws or his nomination is denied or retracted to the U.S. Supreme Court, what do we do with Kavanaugh on the appellate court?

Even if Kavanaugh is proven later to have committed criminal acts, there’s nothing we can do. Fact is these crimes were committed more than three decades ago, so the Statute of Limitations is long past. Do you see foresee the Senate impeaching Kavanaugh to remove him from the federal judiciary? Maybe if there is enough political pressure, but even then I seriously doubt it.

It’s no wonder I’m beginning to question life-time appointments to the federal bench. FBI Directors serve ten year term limits to avoid any partisanship. Maybe it’s a good idea for the Supreme Court and federal judges as well. In bankruptcy court, federal judges serve fourteen year terms.

Alexander Hernandez, Esq.
Twitter @mcatty_alex

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