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Member since: Fri Sep 17, 2004, 03:59 PM
Number of posts: 60,992

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The face you make when you know what they're saying about him is true.


Interesting FB post concerning Kavanaugh and lie detectors

The author — whose identity I do not know — is a pretty amusing writer. If you don’t want to read all of it (but you should), skip down to the bottom where I bolded the author’s conclusions.

“I went on my own research journey about Brett Kavanaugh, and discovered something that hasn’t been reported anywhere else. AND I AM HERE TO SERVE SOME PIPING HOT TEA ABOUT BRETT KAVANAUGH. (For those who don’t read any news at all: Kavanaugh is Trump’s nominee to the Supreme Court, and a woman named Christine Blasey recently accused him of sexually assaulting her.)


I’m getting to the tea!

But first a little background.

Reader: “OMFG.”

Christine Blasey, aware that her credibility would be viciously attacked by zillions of terrible people, decided to head off a few doubters by taking a polygraph. She passed.

Lots of people debate the legitimacy of polygraphs. We’ve all seen child molesters pass them on Dr. Phil!

But let’s put aside your opinion of polygraphs, or my opinion of polygraphs, or the talking heads’ opinion of polygraphs. No, kids, in the words of Brett Kavanaugh, who used the phrase “Buckle up” in a court opinion he wrote that I am about to have a lot of fun writing about, LET’S DISCUSS WHAT BRETT KAVANAUGH THINKS ABOUT POLYGRAPHS!

Reader: “WTF?”




You see, when I am not being a circus performer, or playing Cities Skylines, I have this thing I do to pay rent, which is being an attorney. Specifically a litigator. I spend a lot of time reading cases written by judges. Kavanaugh is a judge. Kavanaugh wrote an opinion about polygraphs.

Reader: “I would think the media would have noticed this.”

I thought I was the first to invent an idea for microtransactions only to discover Google patented it right before I tried and I was unbelievably pissed about that. So if you think I’m not going to take credit for being the first person to think about searching for polygraph opinions written by Brett Kavanaugh, well, you try to find it somewhere else. I got the scoop and you’re reading it here first!

Reader: “So what does Brett Kavanaugh think about polygraphs?”

Brett Kavanaugh has a soft spot in an otherwise stone heart for polygraphs. For a heart that hasn’t pumped blood in years, it’s a soft spot that might be gangrene, but which also led Brett to opine that government reports about polygraphs qualify for what’s called a FOIA Exemption 7(E).

Reader: “This sounds complicated.”

My job is explaining the law to both lay people and judges. Judges are much harder for some reason.

Anyway, a 7(E) exemption is what allows the government to avoid sharing documents with the public if it would risk causing “circumvention of the law”. As in, we can’t be releasing important law enforcement things if it will make criminals’ lives easier. Information is dangerous in the wrong hands!

A college student, Kathryn Sack, was researching polygraphs, and trying to get the government to release documents it had about polygraphs. This was “for her dissertation on polygraph bias”. Sack v. U.S. Dep’t of Def., 823 F.3d 687 (D.C. Cir., 2016) at 688.

Reader: “I think I know what’s coming.”

I bet you do!

There might not be many court opinions written by Brett Kavanaugh about the sanctity of marriage, or the sanctity of the unborn, which is why everyone is reading tea leaves about it, but there just so happens to be a court opinion by Brett Kavanaugh about the sanctity of the polygraph. As socialist atheist liberals, we can’t believe in god, but with irony this rich, we just might have to start!

Instrumental in his decision as a judge, Kavanaugh calls the polygraph “an important law enforcement tool”. Id at 694. Kavanaugh noted that “The Government has satisfactorily explained how polygraph examinations serve law enforcement purposes.” Id. Kavanaugh agreed with the Government’s concern that if information were released about how polygraphs work, it “could enable criminal suspects, employees with ill intentions, and others to subvert polygraph examinations.” Id at 694 and 695.

Reader: “OK, but we all know that polygraphs are not admissible as evidence. Doesn’t that mean the court doesn’t believe in the veracity of polygraphs, especially for people accused of crimes?”

Not according to Brett Kavanaugh! “As the Government notes, law enforcement agencies use polygraphs to test the credibility of witnesses and criminal defendants.” Id at 694, quotations omitted. If Facebook allowed bolding, I would bold that "criminal defendants" bit.

Reader Who Also Happens To Be a Lawyer: “But was this decision deferential or de novo?”

“[R]egardless of whether our review here is deferential or de novo, we would reach the same result because we agree with the District Court’s segregability determination.” Id at 695.

Non-Lawyer Reader: “What is de novo?”

The gist is basically that Brett Kavanaugh isn’t just taking the lower court’s word for it that polygraphs are a legit tool that needs to be protected. It means Brett Kavanaugh himself believes that.

This case is from 2016.

But wait, there’s more!

Kavanaugh wrote the decision in Jackson v. Mabus, 808 F.3d 933 (D.C. Cir., 2015) where he’s like, super casual about discussing a polygraph that was used as evidence in front of the Board for Correction of Naval Records, which isn’t as exciting as the Sack case, but at least puts to bed the notion that judges don’t discuss polygraphs as evidence, or at least, not as far as Brett Kavanaugh is concerned.


Reader: “Oh god. How many of these are there going to be?”


Besides, wouldn’t you want to know the tea about Brett Kavanaugh’s opinion about sex offenders who preyed on 14 year olds being required to take polygraphs and whether that’s an unreasonable attack on liberty?

Reader: “OMFG.”

The restrictions placed on a convicted sex offender, Tom Malenya, in his supervised release, included a number of things, such as polygraph testing. The court tossed the provision restricting his ability to use a computer (reasoning it would make it impossible for him to get a job). Brett Kavanaugh dissented and said all of the restrictions were fine, (thus including the polygraph) except for the one that involved a medical examination of Malenya’s penis. United States v. Malenya, 736 F.3d 554 (D.C. Cir., 2013). Yes, in a world of forced ultrasounds, Brett Kavanaugh is here to defend pedophile penis.

And that’s it. That’s it for the tea. I have only searched and read Brett Kavanaugh’s literal handful of cases that mention polygraphs, and I have reached several conclusions:

1. Brett Kavanaugh thinks polygraphs are important tools for measuring the credibility of witnesses and criminal defendants.

2. “Polygraphs are not admissible in court” is an utterly, utterly ludicrous argument when you’re discussing Brett Kavanaugh, who thinks polygraphs are not only useful but critical in everything from high level government jobs to reasonable safeguards against sex crimes.

3. Brett Kavanaugh is a douchebag. And also a poor writer who thinks he’s a good writer, and I really hate those people.

4. When deciding whether people should be given high level government positions, it’s reasonable and probably a good idea to subject those people to polygraphs, at least according to Brett Kavanaugh.

5. If I end up taking a case to the US Supreme Court and Kavanaugh is confirmed, I had better hope his memory of who wrote articles dragging him is as poor as his memory of attacking a fifteen year old girl. The depressing thing is that I'm pretty sure he's far more likely to remember the first than the second.

He could clear his name with a polygraph! For a believer, one wonders why he hasn't offered to take one himself



Swan's "source with direct knowledge" was just trying to kick Kavanaugh out of the news cycle

But Trump allies are privately imploring him to cut Kavanaugh loose to save Republicans’ electoral chances in the midterms.

So for those keeping score at home: Gabe Sherman's "source briefed on Trump’s thinking" says that Jonathan Swan's "source with direct knowledge" was just trying to kick Kavanaugh out of the news cycle for a few hours. https://www.vanityfair.com/news/2018/09/trump-wanted-to-nuke-rosenstein-to-save-kavanaughs-bacon?mbid=social_twitter


The mother of all false alarms

DAG Rosenstein is NOW attending a previously scheduled meeting at White House as the Deputy Attorney General, says a person familiar. It is a principal meeting. Report that he resigned is not correct, the person says.


"A clumsily choreographed prelude to a purge, with MSM lending itself to Trump for propaganda."

Media a total failure

So it looks like the *White House* is behind pushing reports Rosenstein has resigned, and Rosenstein’s camp is saying he will force the WH to fire him:https://twitter.com/kaitlancollins/status/1044238183020531712

This is a clumsily choreographed prelude to a purge, with MSM lending itself to Trump for propaganda. The anon NYT oped, the in-house NYT propaganda on Rosenstein Friday, and today's reports all present Trump's delusions as fact while simultaneously playing down Trump's crimes.


Yale Law School this a.m.

Yale Law School students fill a hallway sitting in silent protest over allegations that Brett Kavanaugh assaulted at least 2 women.


NBC: Rosenstein en route to White House, won't resign and will force them to fire him.

NBC's Pete Williams, gold standard in #DOJ reporting, says #Rosenstein en route to White House, won't resign and will force them to fire him. As I am told, Vacancies Act only kicks in if he resigns.


Krugman: "We were supposed to ignore all this and focus on how fine a man he is."


Worth remembering that Kavanaugh is a hard-line, radical right-winger who would surely bring down Roe v Wade, hammer workers' rights, and undermine government regulation. We were supposed to ignore all this and focus on how fine a man he is.


Dear GOP - from: Every survivor in America

Dear GOP,
You KNEW there was another accuser that was being vetted to come forward, so you tried to rush Dr. Ford and call her bluff and push a vote. It didn't work. You drew first blood, but didn't kill us and now we're coming for you.
Every survivor in America


Jane Mayer discusses her very credible sources re: Kavanaugh


Jane Mayer on CBS: "We found classmates had been talking about this for weeks ... There'd been an email chain of Yale classmates of Kavanaugh talking about 'will this thing come out' long before Christine Blasey Ford came forward. We felt the public ought to know about this."

snippet from video:

“There’s a very sober background source, who was not part of the party, was not drunk, heard about it either that night, he thinks, or the next day,” she said. “When I asked him myself, does he remember this, and is he sure that Kavanaugh was the person he heard about in this. He said to me, ‘I am 100 percent sure.'”

“He’s mentioned it to other people in grad school over the years,” Mayer continued. “His classmates were talking about it in July, before Christine Blasey Ford came forward. We have looked at the e-mails, they’re chattering about it, saying, ‘Boy, if the FBI investigates him, there are going to be some stories here that are going to put an end to his nomination.'”

Another source contacted Mayer and Farrow to share her concerns about Kavanaugh friend Mark Judge, who Ford claims was an accomplice in her near-rape.

“Her name is Elizabeth Rasor, and she was at Catholic University with (Judge), and she said, ‘I feel a moral obligation to correct the record here,'” Mayer said, paraphrasing her source. “‘What he’s saying about how there’s no way that this could have happened because they only knew boys, they only roughhoused with boys, there were no girls basically in their lives,’ she said, ‘Mark Judge told me that he’ — I don’t want to say anything too scuzzy on television — ‘but told me that he had sex when she was at Georgetown Prep with some of his friends, all with the same drunk woman at the same time.'”

“She’s saying this on the record,” Mayer added, “and she is a teacher now, and she said, ‘I wouldn’t betray confidences ordinarily, but I felt it was just too important, and I needed to say there’s another picture of Georgetown Prep social life than the one that he painted — and he knows that.'”

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