Category: Federal Judiciary

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Bar Barr – Tell Senators to vote against AG nominee

Deadline: ASAP and until the vote – Here we go again: another nominee for Attorney General who thinks the president has unfettered powers, that religion trumps (sorry not sorry) law and that it certainly is more important than the rights of LGBTQ folk, that the Muslim ban is good but abortion rights and criminal defendants’ and prisoners’ rights are not … Ladies and gentlemen and resisters of all ages, the Current Occupant presents: William Barr!

The vote on Barr’s nomination is fast approaching. Senator Kamala Harris has said she will oppose his nomination because “he won’t defend independent investigations from attacks and ensure equal protection under the law for all Americans.” She’s also said she opposes him because he doesn’t “embrace a smart on crime approach to public safety.” We agree. Please thank her, and ask Senator Dianne Feinstein to say the same – and to commit to vote against the nomination. See below for call scripts and contact info.

Some scary facts about Barr:

  • He has publicly criticized Robert Mueller’s investigation, yet during his Senate hearing, he refused to commit to recuse himself from overseeing Mueller’s investigation. He also refused to commit to make Mueller’s findings public. Biased and secret – the exact opposite of what an Attorney General should be.
  • As organizations concerned with the First Amendment’s guarantee of freedom of and from religion have pointed out, he has called for constitutional U.S. law to be replaced with “God’s law.”
  • “He believes that Trump cannot be questioned for firing [FBI Director James] Comey in a criminal obstruction probe because presidents always have the discretion to fire an FBI director” – People for the American Way
  • Barr believes in being tough on minor drug offenders and opposes sentencing reform. He’s a big fan of mass incarceration.
  • He recently praised former Attorney General Jeff Sessions as “an outstanding attorney general.”
  • Read an excellent summary of his disturbing positions on justice reform, LGBTQ rights, immigrant rights, reproductive freedom, and more, in this article.

What you can do:

Call your Senators. They are the ones who will vote on the nomination.

Senator Harris has already spoken out against Barr and said she will vote against him. What to say:

My name is ___, my zip code is ___, and I’m a member of Indivisible East Bay. Thank you for speaking out against Attorney General nominee William Barr and saying you’ll vote against him. He’s the wrong person for the job, for all the reasons you’ve said – he won’t uphold the law in a way to protect us.

Sen. Kamala Harris: (email); (415) 355-9041 • DC: (202) 224-3553

Senator Feinstein has made statements indicating that she doesn’t favor Barr, but as of January 17 she hasn’t said so explicitly and also hasn’t said how she’ll vote. What to say:

My name is ___, my zip code is ___, and I’m a member of Indivisible East Bay. Please speak out and commit to vote against Attorney General nominee William Barr and saying you’ll vote against him. He’s the wrong person for the job. He won’t uphold the law in a way to protect us.

Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841

Spread the word to everyone you know, send them the link to this article, and if they don’t have their Senators’ numbers on speed dial, give them this link.

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December 2018 meeting with Feinstein staff

On December 10, 2018, Indivisible East Bay had our first meeting with Senator Feinstein’s new interim state director Peter Muller. We met field representative Abby Ellis in the senator’s San Francisco office and Peter, who is based in Los Angeles, joined us by phone.

While climate change is always a high priority for IEB and usually makes our meeting agendas in some form, it’s rarely at the very top of our memo — mainly because that space is generally filled by a reaction to the latest crisis coming out of the White House. So it was a promising sign of the power shift in DC that we started with a discussion of the Green New Deal (GND). Peter said that while Sen. Feinstein isn’t yet familiar with the details of the Green New Deal proposal, as far as he could tell she’s generally supportive of the program and would invest more time in learning about it once it’s a bit further advanced in the House.

We brought up the plan Feinstein supports to extend certain controversial provisions in the WIIN Act, a water bill which, among other things, diverts water south of the Delta. We shared our concerns that the extension of those provisions could result in harm the Delta ecosystem, but Peter said that Sen. Feinstein’s office has examined the matter carefully and doesn’t believe the provisions have been harmful so far or will become so if extended.

We also talked about asylum seekers at the California-Mexico border and those being detained (along with other immigrants) throughout the state. Sen. Feinstein still wants to visit the detention facilities herself, but doesn’t yet have plans to do so. Meanwhile, her staff has visited every facility in California in which immigrants are detained, as well as some in Texas. But it’s been hard to perform oversight, because the facilities know they are coming and are able to prepare. Sen. Feinstein continues to work on getting legislation ready to pass at the earliest opportunity. (First we need to elect more Democrats.) We asked her to prioritize addressing the seemingly unnecessary “metering” at ports of entry that is causing a humanitarian crisis in which asylum seekers are forced to choose between waiting in overflowing shelters in Mexico — with complete uncertainty about having their claims heard — or attempting dangerous, illegal crossings and turning themselves in at understaffed remote outposts. And meanwhile we asked her to look at ways she could collaborate with the House concerning funding for immigration enforcement, particularly with respect to making sure the executive branch spends the money in the way Congress intended.

We discussed delays in funding transit projects — Sen. Feinstein does her best to advocate for projects in California but doesn’t have much influence otherwise; Attorney General nominee William Barr — she shares our concerns about his civil rights record and biases; judiciary appointments — Republicans are happy with how this is going. so we are likely to see more of the same; and homelessness — she has a bill ready and is looking for a Republican co-sponsor.

Finally, we asked what the senator’s hopes and dreams are for working with our new blue House. Peter listed:

  • Immigration
  • Gun Control – Peter said that Sen. Feinstein saw a strong opportunity for a bump stock ban (which the White House announced only days later)
  • Environment
  • Homelessness
  • Immigration enforcement oversight
  • Appropriations – put more constraints on the administration
  • Health care
  • 2016 election investigation – help her better leverage her position on the Judiciary Committee

 

ameliacass Congressional legislation, Federal Judiciary, Meetings, Uncategorized

IEB’s Last Meeting With Sean

On October 24, 2018 Indivisible East Bay had our last-ever meeting with Senator Feinstein’s State Director Sean Elsbernd. It was also our last office visit with the Senator’s staff before the 2018 midterm elections, so it could possibly also be our last-ever Feinstein meeting – but as of this writing, that’s unlikely given her lead in the polls. Feinstein has given no indication yet on who will replace Sean as state director.

Our first topic was immigration. We followed up on Sen. Feinstein’s recent commitment to visit the detention facilities in California where separated kids are being held; Sean said she plans to make that visit soon after the election. Feinstein has also said that a comprehensive immigration reform bill is one of her priorities for the next Congress, especially if the Democrats win. We gave a list of priorities for such a bill, including legal status for immigrants, protection for asylum seekers, and less leeway for the executive branch to make the system harsher and more restrictive. We also had in our group an advocate for help for a very specific population: adults who were adopted from foreign countries as children, but who never became citizens because something went wrong with their paperwork, meaning they are now technically unauthorized immigrants and could be subject to deportation. Our advocate was the wife of such a person, following up on a request she had made at a previous meeting for Sen. Feinstein to look into this issue. Sean assured us that she had, but that they had not been able to find a way to move legislation forward under this Congress. He confirmed that she will continue to try, and may include it in comprehensive reform.

We asked what we could do to help the senator fight the terrible judges that the president nominated for California seats on the 9th Circuit. Senator Chuck Grassley scheduled a so-called hearing for these nominees while the Senate is away on recess – a farce of an event attended by up to two Republican senators who asked approximately zero questions. Sean said that Sen. Feinstein is certain that the way this happened was intended as revenge for what Republicans perceive as her role in “ruining” the Supreme Court confirmation hearings for Brett Kavanaugh. As for what we can do to help, Sean said that Democrats on the Judiciary Committee are still strategizing, and that, of course, a lot depends on who wins the Senate in next week’s elections. He suggested raising awareness of the red flags in the judges’ records, writing letters to the editors of newspapers, and generally making it clear that California does not support these nominees.

We also discussed the United States’ shameful role in the war in Yemen and on the Intermediate-Range Nuclear Forces Treaty; we found, not surprisingly, that we are on the same page as Sen. Feinstein, who has called abandoning the treaty a “strategic mistake.” Even if the administration tries to withdraw from the formal treaty, Sen. Feinstein is committed to enforcing its terms by way of her role on the Energy and Water Appropriations Subcommittee.

And we talked about creating a fair economy and protecting our social services. A theme of that conversation was the GOP’s false promises about its economic policy, its lies about looking out for working people who are struggling to get ahead, and its double-talk about everything from Social Security to pre-existing conditions. We told Sean that sometimes Sen. Feinstein’s moderate tone and abiding belief that Republicans will be reasonable “when push comes to shove” make some of us worry that she is falling for their lies and will be fooled into making compromises in exchange for empty words.

We also asked that the senator take the administration’s recent attack on trans people as an opportunity for a renewed push to pass the Equality Act. This bill amends existing civil rights law and defines sexual orientation and gender identity protected classes under Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in federally funded education programs or activities.

And we asked that Sen. Feinstein look at the evidence that has come out on SESTA-FOSTA, an anti-sex trafficking bill she and Sen. Harris voted for. Although the bill was intended to prevent human trafficking and forced sex work, there are serious concerns that it has actually further endangered the populations that are vulnerable to those threats.

IEB Feinstein office visit. Photo credit: Catya de Neergaard

If Sean was sorry to be seeing the last of what he has called the “most demanding Indivisible group in California,” he didn’t show it. As for us, while we may not have shed tears at parting either, we do think he has set a high for bar his replacement as a responsive and informative representative for Senator Feinstein.

Photographs by Catya de Neergaard

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9/27/18 IEB & ISF Sen Feinstein office visit

Seventeen Indivisibles from IEB and Indivisible San Francisco met with Sean Elsbernd, Senator Dianne Feinstein’s state director, on September 27 at her San Francisco office. Our almost two-hour meeting was jam-packed with questions and “asks.”

First on the agenda: a detailed back and forth on how the homeless count in San Francisco is conducted. It was further emphasized that more resources were needed to help the homeless, from outreach to affordable housing. Sean seemed particularly concerned about the estimate that 2,400 kids may be homeless.

For those of you not placing the date, September 27 was the day Dr. Christine Blasey Ford and Judge Brett Kavanaugh testified in front of the U.S. Senate Judiciary Committee. Of course, the hearings came up, and we stressed – as we have consistently done – that we are firmly against Kavanaugh being confirmed as a Supreme Court Justice. The group urged Senator Feinstein to continue what she’s doing and to look as well for other methods to stop his confirmation.

On a not-necessarily-unrelated note, the topic of reauthorizing the Violence Against Women Act came up. Sean thinks that Congress will just extend the Act, at least for the short term.

Sean told us that on the important issue of immigrant family separation, their office is not getting phone calls, and that it’s crucial for people to keep this issue alive by contacting the Senator. He did acknowledge that the Kavanaugh hearings have diverted attention – but we should look for any opportunity to revive the issue.

Sean said that the House is expected to head home for campaigning and won’t be back until after the midterms, so don’t expect any legislation to pass that needs both chambers to act on.

We also talked about protecting the Mueller Trump-Russia investigation, election security, digital privacy, environmental/public health, the war in Yemen, the Farm Bill, workers’ rights, the federal judiciary, tax policy, trade, criminal justice reform, and having a town hall. Sean’s comments on each of those topics were informative and indicated the Senator’s position. As an example, the Farm Bill is in conference and the final version will have to be acceptable to 60 Senators regardless of what the House passed. Another insight: White House Counsel Don McGahn’s imminent departure will force the Administration and Senate Republicans to start from scratch on judicial nominations and will give Senate Democrats a bit of breathing room.

As of November 7, Sean will be the chief of staff for San Francisco Mayor London Breed. As of now, Senator Feinstein has not selected his replacement but he’s hoping that will be resolved shortly. The general feeling from the Indivisible folks was that Sean will be missed.

Read our memo to the Senator.

 

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When abortion was illegal: Looking backward and forward at once

Have you heard the one about the back alley abortion?

Yeah, it isn’t a joke. And it sure as hell isn’t funny. It’s an actual question: Have you heard it? Roe v. Wade made abortion legal throughout the USA in 1973 – so as of the last census in 2010, slightly over 60% of the population never knew a time when abortion was illegal. And as the population ages, many of those people may never even have known anyone who lived through those dark, bloody times.

Federal judges on all levels are increasingly willing to deny women their reproductive rights. Appeals court judge and Supreme Court nominee Brett Kavanaugh would have denied access to abortion for an undocumented teenager, writing that undocumented youth in custody are not entitled to “abortion on demand” – favorite words of the anti-choice movement. His view didn’t prevail in the appeals court – but will it prevail, sooner or later, in the Supreme Court?

All of this means it’s time to tell the stories. Again.

Let’s start with this chart:

The number of deaths from abortion has declined dramatically since Roe v. Wade.

Source: The Alan Guttmacher Institute, Trends in Abortion in the United States, 1973-2000, January 2003.

Remember, there is no way to give an accurate number of deaths from illegal abortions before Roe v. Wade, because abortion was a crime and a scandal and abortion deaths were usually covered up. The National Abortion Federation estimates up to 1.2 million illegal abortions per year, with thousands of women who died or were grievously injured from back alley or self-induced abortions. And hospital emergency rooms stopped seeing these patients after abortion became legal.

But as with anything, statistics don’t tell the story. Human stories tell the story. As one article said about gathering the stories of Holocaust survivors, “The act of absorbing history often requires peering backward and forward at once,” and stories of illegal abortion matter for the same reason: so that we understand, and so that we never go back.

We ask you to share these stories. Tell people who don’t know what it was like. Tell your elected representatives that you’re not willing to give up any of your reproductive rights, and you’re not willing to accept judges who would be willing to compromise them:

  • Sen. Dianne Feinstein: email; (415) 393-0707 • DC: (202) 224-3841
  • Sen. Kamala Harris: email; (415) 355-9041 • DC: (202) 224-3553

And if you have a story, or if you know someone who has a story, we invite you to share it here. All submissions will come to us anonymously and we will publish everything anonymously. It’s crucial to show how many of these stories there are – so that we keep there from being more of them.

  • It was an honest to God back alley abortion, in an honest to God back alley, on a dirty kitchen table covered with a not very clean sheet. He had alcohol on his breath and his hand wasn’t very steady. He told her to spread her legs and told her not to spread them next time, which he found very funny. She had an infection and was horribly sick but she survived and later had a family. Some of her friends weren’t so lucky.
  • He was successful and well-known and nearly fifty when his elderly Irish Catholic mother told him: when he was a toddler, she and her husband just couldn’t afford another kid, and she had an abortion. She had never told anyone before, but the Supreme Court kept issuing anti-abortion rulings and people were telling their stories – and she asked him to tell hers.
  • It was the 1950s. She and her friends were young working women in New York. They had the name of a doctor in Pennsylvania who was very expensive but was supposed to be clean and reputable. When anyone in their crowd needed an abortion, they all pooled their money and went without lunch for a while. And the women who went to him came back. She said she had no idea what they would have done if they hadn’t had jobs and a support network.
  • It was the 1940s. She and her husband were Italian Catholic and dirt poor, and they had several very young children and couldn’t afford another. The illegal abortion killed her. In those days, when a mother died, the father rarely raised the children; at least one of the little girls was brought up by relatives who treated her badly, and when she had children, she had never really had a mother of her own.

And more:

  • The Academy Award-nominated documentary When Abortion Was Illegal features powerful stories of women who had abortions, their families, and the health care providers who witnessed the devastating effects of illegal abortion. Available here in English and Spanish, for purchase or on Vimeo.
  • Actress Sally Field discusses her illegal abortion in Tijuana in her recent memoir, In Pieces, and talks about it in her September 11, 2018 NPR interview.
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Tracking down Senator Feinstein

On the morning of August 11, 2018, IEB members tracked down Senator Dianne Feinstein at a campaign office-warming for San Francisco Supervisor Catherine Stefani. It was a very cozy event of the kind Sen. Feinstein clearly (and understandably) prefers to open town halls — though during her remarks she did say something about envying Supervisor Stefani’s ability to get out and meet her constituents in her small district, compared to a whole state. That was a little galling from someone whom we’ve barely seen try to meet with the general public.

But the event was also kind of sweet in its way. Along with Sen. Feinstein, several SF women politicians came out to support Supervisor Stefani, including Mayor London Breed and State Treasurer Candidate Fiona Ma. Senator Feinstein led the crowd in a chorus of “Happy Birthday Your Honor the Mayor” and all of the younger women appeared genuinely starstruck to be there with one of their role models, whom a couple of them jokingly compared to Taylor Swift. Certainly, it was heartwarming to see this group of women come together to support each other and marvel at how much has changed — and how much has stayed the same — since Sen. Feinstein was the second woman (first elected) on the SF Board of Supervisors.

But the real reason we were there was to talk to Sen. Feinstein about Brett Kavanaugh’s nomination to the Supreme Court. We politely cornered her near the exit, shook her hand, and thanked her for everything she was doing, all her letters and tweets. We told her we were also working hard to fight the Kavanaugh nomination. As she edged away up the stairs, we told her we wanted to see action from the Democrats. She stopped, turned back to us and said that they would take action, but that we couldn’t win. As we looked at her, dismayed, she reframed the statement: Democrats in the Senate need Republicans to vote with them, and that to get that, we probably need some new information to come out. We agreed and told her we were working on both of those things too.

It’s clear that she hasn’t given up, and that she will keep up the fight to the best of her ability no matter what, but it’s also clear that she needs our calls and encouragement to build her strength and resolve. Because if we don’t win this fight, it won’t be because it was impossible; it will be because it was very hard and too many of us gave up. We need to make her believe that we can win, and we need to believe it ourselves because that’s the only way we have a chance.

Please contact both senators today and say:

My name is ______, my zip code is _________ and I’m a member of Indivisible East Bay. Thank you for everything you’ve done to protect the Supreme Court. Please keep fighting the Kavanaugh nomination and rallying your constituents. We are winning the battle for public opinion. Most Americans support reproductive rights, workers’ rights, and the ACA. We need to keep showing more of them that Kavanaugh threatens those things, and keep showing vulnerable Republicans how much they have to lose.

Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841

Sen. Kamala Harris: (email); (415) 355-9041 • DC: (202) 224-3553

 

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Experts talk about how to beat the Kavanaugh nomination

By Candace Goldman

On August 2, 2018, Indivisible East Bay took part in a community meeting in Berkeley to discuss Trump’s nomination of Brett Kavanaugh to the United States Supreme Court, and actions we can take to prevent his approval by the Senate. IEB co-sponsored the meeting with the California Civil Rights Coalition, Equal Justice Society, The Center for Independent Living, and People For the American Way.

The evening was emceed by Eva Paterson, a long-time civil rights advocate, and speakers included Leslie Proll with the NAACP, Amy Everitt of NARAL Pro-Choice California, Raymundo Jacquez III from Centro Legal de la Raza, Noreen Farrell of Equal Rights Advocates, Dan Roth with the American Constitution Society, and IEB’s own Linh Nguyen, who co-leads our Judiciary Team.  Linh did a masterful job of informing the gathering about what IEB and the Judiciary Team have been doing. She really engaged the audience and was an inspiring example of what we can do when we band together to take action.  Great job, Linh – and thank you!

The speakers addressed the dangers a Kavanaugh confirmation would represent – and they are legion – and also the actions we can take to defeat his nomination.  Everyone’s rights and interests are at risk with this potential swing position on the Supreme Court – from women’s health to labor protections, from shredding Executive accountability to continuing environmental destruction to endangering the lives of immigrants.  Each speaker emphasized that it is NOT a foregone conclusion that Kavanaugh will be approved, but we need to keep a laser beam on the nomination and ramp up the pressure to defeat him.

What you can do:

  • Tell Senators Feinstein and Harris that you want them to vote NO on Kavanaugh in the Judiciary Committee; and that if the nomination gets out of committee and to the full Senate, you want them to vote NO and hold all other Democrats and swing voters to do the same
    • Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841
    • Sen. Kamala Harris: (email); (415) 355-9041 • DC: (202) 224-3553
  • Call all the people you know in the states whose senators are on the Judiciary Committee and urge them to tell their senators to vote NO on Kavanaugh in committee and, if necessary, in the full Senate
  • Ask all your friends to contact their senators – especially swing votes like Senator Murkowski of Alaska and Senator Collins of Maine – and tell them to vote NO if the nomination reaches the full Senate.
  • Read our articles here, here, here, here, and here (wow, we’ve been busy!) for more info, suggested call scripts, and actions you need to take.
  • Make your voice heard: Unite for Justice has called for nationwide rallies to oppose Kavanaugh on Sunday, August 26. Find an event near you at this link, or attend NARAL Pro-Choice California’s event from 1-3 PM, San Francisco Civic Center.
  • Educate yourself: the IEB All Members Meeting will also be held on August 26 from 1-3 PM at Sports Basement, Berkeley. Linh will present an updated version of the Kavanaugh presentation she made at the August 2 meeting. Please join us if you can – it’s important to educate ourselves about this unacceptable nominee who would serve for life (and he’s only 53 years old!) if confirmed. We need to keep the pressure intense to stop this dangerous nomination.

 

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IEB Delivers Message to Sen. Murkowski from Alaska’s Indivisibles: Vote No on Kavanaugh

When we heard that the difficult to pin down Senator Lisa Murkowski was slated to be the guest speaker at the August 2018 Tahoe Summit, which several Indivisible East Bay members planned to attend, we reached out to Indivisibles in Alaska to see if there was a message we could bring to the senator on their behalf.

Sen. Murkowski is one of the most likely swing votes on the Brett Kavanaugh Supreme Court nomination. She regularly breaks with Republicans to vote to fund Planned Parenthood (though she has yet to break with them in support of a judicial nominee) and she has demonstrated willingness to stand up to Republican pressure on ACA repeal.

Twenty-nine of her constituents gave us a letter asking her to vote NO on Kavanaugh, saying,

Here in Alaska, we are terrified that under a Kavanaugh Supreme Court, hundreds of thousands of us would lose access to safe, effective health care and autonomy over our bodies. We fear that the brave men and women who take on tough and dangerous work to bring prosperity to their families and our state will lose their protections. And we worry that if the federal government, under this president, or a future president, takes action that harms Alaska and we take it to court, this Supreme Court will automatically decide against working Alaskans.

After almost being denied access to the event by some Nevada State troopers, we successfully delivered the letter to Sen. Murkowski as she was entering the event, and told her that Alaskans are counting on her. She was very polite and friendly and thanked us for giving it to her, though her staff was kind of rushing her past us. She said she was headed to Alaska tonight to have some meetings about Kavanaugh, but she did not say who those meetings were with – we hope they are with her constituents, a majority of whom believe the Senate should not confirm a Supreme Court Justice who will overturn Roe v. Wade.

The Alaska Grassroots Alliance is collecting additional signatories to the letter we delivered here. Please share their petition with anyone you know in Alaska!

Photograph by Linh Nguyen

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Kavanaugh’s papers matter. You need to call.

Deadline: Just pick up the phone and call, would it kill you?

You don’t call. You don’t write. You think they don’t notice, but they do.

Back-channel reports to some Indivisible East Bay members confirm what press reports are starting to say: Senators aren’t hearing from their constituents about Brett Kavanaugh, and there’s no groundswell against him.

We know, it’s hard to get all excited about documents, especially with everything else going on, but let’s look at a little history:

  • 1971: during the confirmation hearings of Supreme Court nominee William Rehnquist, who joined the Court in 1972 and served as Chief Justice from 1986-2005, the Senate asked Rehnquist about a memo he wrote as a Supreme Court law clerk. In the memo, Rehnquist said the court’s 1896 ruling upholding racial segregation “was right and should be reaffirmed” – he said nope, that was just the opinion of Justice Robert Jackson, for whom he was clerking. The Senate, because those were gentler times, accepted the excuse; most historians don’t. Things might have been very different if the Democratic-controlled Senate had rejected Rehnquist and another judge had gone on to be approved.

  • 1971: The New York Times published the Pentagon Papers, a previously secret official Department of Defense history of the USA’s involvement in Vietnam. Daniel Ellsberg, who had worked on the papers, released them (without permission). The papers showed that the US carried out actions during the Vietnam War that the Johnson Administration kept secret even from Congress; that the administration had consistently lied about the war; that mainstream media reports about the war were untrue; and that the public was deliberately kept completely in the dark.
  • 1974: 34 years ago this week, on July 30, 1974, after President Nixon had resisted a prolonged attempt to require him to release information about the Watergate affair and other material, he finally complied with the Supreme Court’s decree and released subpoenaed recordings of White House meetings to the special prosecutor. The contents of those recordings, transcripts of which were made public, contributed to his resignation on August 9.
  • 1987: During the Reagan administration, the Tower Commission investigated the so-called Iran-Contra affair. They retrieved backup copies of files from a National Security Council computer mainframe, after NSC staff deleted the original files. Using these files and other documents, the Commission proved that the US government had broken numerous laws by secretly selling weapons to Iran (and also to Iraq) during the Iran-Iraq war.
  • 2017: A letter to Secretary of Homeland Security Kirstjen Nielsen and DHS Acting Inspector General John Kelly signed by six Senators, including Kamala Harris, says “We write today deeply alarmed by reports that the Department of Homeland Security (DHS) has been improperly – and perhaps unlawfully – destroying records of families that it separated at the border. … According to two officials at DHS, records linking children to their parents are mysteriously disappearing or being intentionally destroyed.”

What’s in the documents that Kavanaugh won’t turn over from his tenure in the Bush White House? Well, we don’t know, since we haven’t seen them, although there are now reports that Kavanaugh might have advised President Bush on how to get around the ban on torture during that time, and that we’d find information about this in the records that Judiciary Committee Chair Chuck Grassley won’t supply.

There’s still time to make our voices heard. The SF Chronicle quotes prominent local professor and Constitutional Law expert Rory Little as saying that “a ‘galvanized grassroots movement’ might change the equation.” And even the head of the libertarian/right-wing Federalist Society told the ultra-right wing corporate overlord Koch network that we have a chance to scuttle this nomination. BUT: you need to pick up that phone AND then get all your friends to pick up their phones. Especially your friends who live in Maine and Alaska, home of crucial swing Senators Susan Collins and Lisa Murkowski – these Senators felt the heat on health care and voted the right way, but they’re not feeling the pressure now, and they need to.

What to say:

My name is ____. My zip code is ____ and I’m a member of Indivisible East Bay. Thank you for demanding to review all of Supreme Court nominee Brett Kavanaugh’s relevant documents. Please keep it up! What we know about his views on reproductive rights, health care, and executive power is frightening enough already. I want to know what else is in his record that Republicans are so desperate to hide from the American people.

Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841

Sen. Kamala Harris: (email); (415) 355-9041 • DC: (202) 224-3553

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Let’s See Your Papers, Brett Kavanaugh

Call Script

Hi, my name is _____ and my zip code is ____. I’m a member of Indivisible East Bay. I’m calling to support the Senator’s request for Kavanaugh’s documents from his work with the Bush-Cheney administration and Ken Starr’s investigation. It’s possible that the White House chose Kavanaugh as the Supreme Court nominee for reasons not yet apparent to most of us. We need a far more complete record for this candidate. I’m asking the Senator to stand firm in her request for these documents and to insist on their thorough review before Kavanaugh is examined before the Judiciary Committee. Without a complete record, the nomination hearing could be a travesty or a rubber stamp for Trump’s nominee.

Background:

Donald Trump’s second Supreme Court nominee, Brett Kavanaugh, has rightfully been called the “Forrest Gump of Republican Politics”: he worked with Ken Starr, served as the principal drafter of the Starr Report investigating Bill Clinton, worked for candidate George Bush during the Bush-Gore Florida recount, and worked in the George W. Bush White House. During those years he created a vast, but non-public, paper trail of his views on important issues. That’s critical, because he may have been nominated precisely because of those largely non-public views. Even his public views on the Presidency are extreme, as he once wrote that Congress should exempt the President from criminal prosecution and investigation while in office, including from questioning by criminal prosecutors or defense lawyers. Read our earlier article on various reasons why Brett Kavanaugh’s record is so disturbing.

At his Senate Judiciary Committee confirmation hearing, Kavanaugh will likely dodge answering how he would decide specific future cases or how he views or would rule on specific issues. Judicial nominees often do that under cover of avoiding making “pledges, promises or commitments…inconsistent with…impartial” judging under Canon 5(A)(3)(d)(1) of the Model Code of Judicial Conduct; but it also conveniently provides plausible deniability for Senators voting to confirm him. Without a written record, they can claim they are “shocked” at his future rulings. This is particularly critical given the Republicans’ narrow majority in the Senate and the Trump administration’s resulting recent withdrawal of another judicial nominee after his racist writings as an undergraduate became public.

Senate Minority Leader Chuck Schumer has urged Democrats not to meet individually with Kavanaugh until Kavanaugh’s past written work has been produced. Senator Dianne Feinstein, the highest ranking Democrat on the Senate Judiciary Committee, has demanded that the White House and Kavanaugh produce his past written work to be reviewed before any confirmation hearing. Indivisible East Bay has supported Senator Feinstein in her position (and in her hiring counsel specifically to vet Kavanaugh’s record). Republicans continue to oppose the scope of the request.

Please thank Senator Feinstein for her firm stance and call both her and Senator Harris, who is also on the Judiciary Committee, and ask them to insist that the White House and Kavanaugh turn over the documents he authored at the White House and while working for Ken Starr before the Judiciary Committee hearing.

By Dean Gloster. Dean is a former clerk at the U.S. Supreme Court who now writes novels. His debut YA, DESSERT FIRST, is out now.