2018 Election, Trump

The Order of the Day…

          “It’s up to Trump and his morally dormant Republican Party to ensure that Pittsburgh remains a spasm of the awful past — and not a harbinger of an even worse future.”

Richard Cohen, Washington Post

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The most distressing aftermath of the last awful week has to be the lack of condemnation, even the absence of demands for basic decency, directed at the president of the United States on the part of the nation’s ruling political party.

Outside the Pittsburgh synagogue this week

Search high and low if you will and try to find any level of moral or human response, let alone condemnation, of the hate filled tone established and perpetuated by the president. The response to Trump’s increasingly unhinged rhetoric from GOP members of Congress is, well, unlike him silence.

The terrible events perpetrated by an anti-Semitic killer at a synagogue in Pittsburgh, a white supremacist gunman in Louisville and a wacko Trump supporting pipe bomber in Florida do bring appeals for lower decibel language from all sides. The first responders are properly praised since that is safe territory. The thoughts and prayers are extended. But the ranting racist president in the White House, he gets a pass from Republicans.

The president, as usual, has been all over the place in the wake of the largest anti-Semitic mass murder in U.S. history and a mass assassination attempt against Trump’s various opponents. He’s consulted his old, worn playbook – condemning reporters, vilifying opponents, accepting chants of “lock her up” at his rallies, spreading more hate and fueling more conspiracy. Fellow Republicans, well, they’ve been sitting on their lips hoping against hope that they can somehow slide past the mid-terms without great losses.

You simply cannot find a word of condemnation, concern or caution directed by a Republican toward the president. Columnist Richard Cohen calls the Vichy Republicans what they are – “moral cowards.”

Donald Trump should not – and ultimately will not – be held accountable for the senseless, racial and religious violence that has become an all-to-regular feature of American life. He has, however, undeniably made worse the deep and persistent hatred of “others” that has long and sadly been a part of the American story. He fans the flames of division. Hate and fear are the twin pillars of his strategy, such as it is, in the interest of ginning up the Republican base. You have to go back to the 1800s in American history to find such an openly racist, hateful president. And I don’t want to be unkind to Andrew Johnson or John Tyler.

Trump supporters and enablers will continue to deny the harsh reality of his racism, but the evidence is everywhere to see: the manufactured pre-election “crisis” at the border where a relative handful of desperate Central American refugees – not illegal immigrants – are fleeing a chaos of death and poverty that the United States, at least in part, helped create; the awful, hateful language about “Mexican rapists” and “low IQ” African-Americans; the Obama birther garbage; calling a black candidate for governor of Florida “a thief;” the proclamation that the president himself is a “nationalist” – code really for “white nationalist;” the equal apportionment of responsibility for the neo-Nazis atrocities in Charlottesville in 2017 and attacks on “globalists,” a term the white ultra-right uses to slander George Soros and Jews in general. And all that just constitutes Trump’s highlight reel of hate.

French far-right Front National (FN) party president Marine Le Pen – more and more the modern GOP looks like the movement she leads – anti-Semitic, anti-immigrant, anti-Muslim, white supremacist

It is being said, and properly so, that Trump did not create this climate of fear and hatred, but he most certainly has exploited it for his own purposes. The Republican Party Trump now owns lock, stock and barrel (pardon the analogy) has allowed the party of Lincoln and Eisenhower and Reagan to resemble something disturbingly like the racist French political party led by the ultra-right Marine Le Pen. It is an awful realization that Trump has brought the GOP – and the nation – so very low in such a short time.

And where are the legislative Republicans?

“If there is such a thing as a hate crime,” said Senate Republican leader Mitch McConnell of Kentucky, “we saw it at Kroger [in Louisville] and we saw it in the synagogue again in Pittsburgh. Horrible, criminal acts.” But beyond saying everyone should tone down their rhetoric, McConnell has no words for Trump. No admonition to back off, to stop spreading fear and fostering more hate. McConnell remains, like most every elected Republican, afraid to take on Trump’s hatred for fear of the backlash from those motivated by Trump’s hatred.

He also likes the judges and the tax cut. It is a Catch-22 of political and moral abdication of a type rarely, if ever, seen in our lifetimes.

The Trump inspired pipe bomber’s van covered with signs of his rage

Where once Republicans were guilty of transmitting “dog whistles” aimed at “others,” their president today is, as Cohen wrote this week, offering a “validation” of his own hate fueled conspiracy theories. The Pittsburgh murderer of 11 people at their place of worship was prompted it seems not only by the killer’s anti-Semitism, but also by his hatred of the fact that Jews where actually living their beliefs and adding migrants fleeing their own versions of hell.

“Trump’s allies,” as Jonathan Chait has noted, “have gone from justifying his reality-show authoritarian persona as a necessary expedient to embracing it as a positive good.”

And more from Chait’s analysis in New York Magazine:

“It doesn’t matter if it’s 100 percent accurate,” a senior Trump-administration official told the Daily Beast, defending the president’s fear mongering attacks on a caravan of potential refugees. “This is the play,” Scott Reed, a strategist at the U.S. Chamber of Commerce, told the Washington Post. “It’s a standard tactic to use fear as a motivating choice at the end of a campaign, and the fact is the fork in the road is pretty stark.” In Texas, when a fan at a Ted Cruz speech exclaimed about [Cruz’s opponent] Beto O’Rourke, “Lock him up!,” Cruz answered, “Well, you know, there’s a double-­occupancy cell with Hillary Clinton.”

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If you need a chilling reminder of what such moral bankruptcy can portend take an hour or so and read a remarkable little book by the French writer Eric Vuillard. The book – The Order of the Day – describes in chilling detail two events that seemed less than remarkable at the time, but we now know forecast a cataclysm outcome.

Eric Vuillard’s remarkable little book…

“Vuillard’s book is a powerful story that relates with a simplicity free of mannerisms,” Gaby Levin wrote earlier this year in Haaretz, “two historical events connected to the rise of Nazism in Germany in the 1930s and to Europe’s blind advance toward the abyss in the years before the war. Vuillard seeks to show how ‘sometimes the greatest catastrophes herald their arrival in small steps.’”

The first event was an unremarkable meeting early in 1933 in Berlin when 24 top German industrialists – we recognizes their companies to this day, Siemens, Bayer, Allianz, BASF, among others – pledged financial support to the then-struggling Nazi Party. Going along with the Nazis was an easy call for Germany’s industrial elite. Adolf Hitler was, of course, full of overheated rhetoric. The businessmen didn’t respect him, but they were sure he could be contained and after all he would probably be good for business.

The second event, five years later, recounts the Nazi takeover of Austria – the Anschluss – a series of cynical, opportunist, violent moves by Hitler that had they been resisted by politicians in Europe who should have known better could well have changed the course of history.

In recalling this history we should remember that many elected Republicans once saw through their current all-powerful leader. Senator Lindsey Graham, now Trump’s South Carolina toady, once warned, “If we nominate Trump we will get destroyed…and we will deserve it.” Today he tweeted his support for Trump’s immigration policy.

Moral bankruptcy breds moral bankruptcy – Cruz and Trump

Ted Cruz, the loathsome creature seeking a second Senate term in Texas, called Trump a “coward” after Candidate Trump insulted Cruz’s wife and tied his father to John Kennedy’s murder. The two will soon campaign together again in Texas.

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We are long past the point where we can expect, much as we might hope for it, Republicans, even in the mildest terms, to repudiate Donald Trump, his racism and his politics of hate. Moral bankruptcy begets moral bankruptcy.

Now, its up to the run of the mill American citizen to decide what kind of leadership they want and what kind of country they hope to inhabit. This is what elections are for. We shall see what happens as Trump likes to say and, while you contemplate your vote next week consider this:

Acclaimed historian Jill Lepore has written a remarkable new history of the United States, perhaps the most ambitious re-telling of the American story in generations. She sees the broad sweep of history in all that is happening around us. “I think we live in an age of tremendous political intolerance,” she said recently in an interview. “I think we live in an age where people don’t understand the nature of our political institutions.

Jill Lepore’s new history of the United States

“That really, really concerns me. Because it’s a symptom of the way people want to win by any means necessary. Because we’ve been given this kind of rhetoric of life or death, we’re on the edge of a cliff. It’s very hard for people to operate as a civic community interested in the public good in that kind of a climate.

“We all have contributed to the making of this climate, but I hope this is climate that can still change.”

I hope for change, too, but also acknowledge that we are indeed on the edge of a cliff.

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Andrus, Idaho, Idaho Politics, Nuclear Waste

Andrus Acted, DOE Blinked

My weekly column in the Lewiston, Idaho Tribune

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Thirty years ago this month then-Idaho Governor Cecil D. Andrus willfully and with malice aforethought sparked one of the most consequential confrontations of the nuclear age. The Idaho governor, a rangy, bald-headed one-time lumberjack from Orofino, took on the federal government in a way few, if any, Idaho politicians ever had before, or has since.

Idaho Gov. Cecil D. Andrus at about the time he told DOE to take their waste and…

I have many vivid memories of working for Andrus those long years ago, but no memory remains more evocative than when the governor of Idaho called the bluff of the Department of Energy over nuclear waste. We are still feeling the ripples of that encounter and Idaho, thanks to dozens of subsequent actions, including a landmark agreement negotiated by Andrus’s successor Phil Batt, has gotten rid of a good part of its nuclear waste stockpile. If current state leaders are half as smart as Andrus and Batt they will fight to retain the leverage Idaho has to get rid of the rest.

On a crisp fall day in 1988 Andrus and I flew to Carlsbad, New Mexico, a town in the southeastern corner of the state at the time better known for its caverns than for its starring role in a governmental showdown. Carlsbad was once the potash capitol of the country and had long been a place where extracting value from the earth dominated the economy. When potash ceased to be an economic driver for the region the powers to be in Eddy County went looking for a future. They found some level of economic salvation in nuclear waste. Andrus was there to help realize their expectations and in the process help Idaho.

Years earlier, as Secretary of the Interior, Andrus had become a Carlsbad favorite for his attention to local issues – Carlsbad Caverns National Park in the domain of the Interior Department is nearby – and because of the respect he enjoyed the locals made him an honorary member of the Eddy County Sheriff’s Posse. As a member of the august group Andrus was able to sport the outfit’s signature Stetson, a big hat hard to miss in a crowd. The Stetson was a scintillating shade of turquoise.

Entrance to the WIPP site near Carlsbad, New Mexico

Wearing his colorful headgear, Andrus arrived in Carlsbad thirty years ago to “tour” the then-unfinished Waste Isolation Pilot Plant (WIPP), a massive cavern carved out of the deep salt formations under southeastern New Mexico. Years earlier the Department of Energy (DOE), then as now the single most incompetent bureaucracy in the federal government, had determined that the salt formations would be the ideal place to permanently dispose of certain types of extremely long-lived radioactive waste. Encased thousands of feet below ground in salt that had existed for hundreds if not millions of years and never touched by water, the waste would be safe. The science was sound even if DOE’s execution of a plan to prepare the facility for waste was deeply flawed.

Andrus’s WIPP inspection left him convinced that the only way to move DOE’s bureaucracy was to manufacture a crisis. His motive, of course, was to shine a light on DOE management failures, but also advancing the day when nuclear waste that had been sitting in Idaho for years would be permanently removed to New Mexico. He returned to Idaho and closed the state’s borders to any more waste, declaring, “I’m not in the garbage business any more.”

I remember asking Andrus if he really had the legal authority to take an action that seemed sure to end up in court. He smiled and said, “ I may not have the legal authority, but I have the moral authority. Let them try to stop me.”

The audacious action had precisely the effect Idaho’s governor intended. The nation’s decades of failures managing its massive stockpile of nuclear waste became, at least for a while, a national issue. The New York Times printed a photo of an Idaho state trooper standing guard over a rail car of waste on a siding near Blackfoot. DOE blinked and eventually took that shipment back to Colorado.

Near Blackfoot an Idaho State Police officer guards a train car carrying nuclear waste. DOE ultimately returned the waste shipment to Colorado.

A now retired senior DOE official recently told me Andrus’s action was the catalyst to get the New Mexico facility operational. His gutsy leadership also highlighted the political reality that Idaho’s rebellion against the feds might easily spread. Subsequent litigation, various agreements and better DOE focus, at least temporarily, lead to the opening of the WIPP site in 1999 and some of the waste stored in Idaho began moving south.

With the perfect hindsight of thirty years it is also clear that Idaho’s willingness to take on the federal government did not, as many of the state’s Republicans claimed at the time, hurt the Idaho National Laboratory. Republican Governor Phil Batt’s 1995 agreement, which Andrus zealously defended up until his death last year, continues to provide Idaho with the best roadmap any state has for cleaning up and properly disposing of waste. Idaho would be foolish to squander any of the leverage it has thanks to the work Andrus and Batt did to hold the federal government accountable.

The president and his Energy Secretary

But, of course, some Idahoans continue to talk about waste accommodation with DOE, even as deadlines for more removal and clean up are missed and the DOE behemoth stumbles forward. A former Texas governor who once advocated eliminating the agency now heads DOE. As Michael Lewis demonstrates in his scary new book The Fifth Risk, DOE Secretary Rick Perry is little more than a figurehead acting out a role that is both “ceremonial and bizarre.” According to Lewis’s telling, Perry didn’t even bother to ask for a briefing on any DOE program when he arrived.

Meanwhile Perry’s boss recently announced in Nevada, a state where waste is about as popular as a busted flush, that he’s opposed to eventually opening the Yucca Mountain site as a permanent repository for very high-level nuclear waste. Donald Trump made that statement even as his own budget contains millions of our dollars to work on opening the very facility.

Federal government incoherence obviously continues. Cece Andrus confronted it thirty years ago. He was right then and we can still learn from his leadership.

 

Campaign Finance, Idaho Politics

A Black Box of Questions…

My Lewiston Tribune column of October 19, 2018 

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Paulette Jordan, the Democratic candidate for governor of Idaho, has created in a way rarely seen in the state’s recent political history a small donor fundraising juggernaut. Jordan has tapped into thousands of small donors in Idaho and across the country. From Clinton, New York to Longview, Washington from Aiken, South Carolina to Denver, Colorado people have been sending her money and in the process she has raised more than $1 million, a respectable figure for an underdog Democrat in Idaho.

Idaho Democratic candidate Paulette Jordan

A substantial percentage of Jordan’s fundraising haul has come from small, individual contributions, some as small as $5 and many less than $100. And many donors have given to her campaign multiple times. It is the kind of broad based fundraising that candidates dream about. Jordan’s contribution profile differs dramatically from her opponent, Lt. Governor Brad Little, who has mostly relied on the standard sources of GOP campaign cash – industry PACs, businesses, lobbyists and well-heeled supporters from across the state. As a result Little has outraised the Democrat by a lot and in the home stretch has held on to more cash for a final push.

Yet there is a confounding mystery at the heart of Jordan’s campaign: little of her cash seems to have made its way into what you might call a real campaign – direct mail, billboards, TV, radio, newspapers and social media. Rather hundreds of thousands of dollars have been spent on out of state consultants and, as the Idaho Statesman’s Cynthia Sewell documented recently, on food, travel and lodging – much of it out of state – by the candidate.

Jordan’s pre-election campaign finance disclosure report is simply one of the most unusual, which is to say unprecedented, documents of its type since Idaho voters mandated campaign finance disclosure 1974. To say the least the report raises more questions than it answers, while the campaign refuses to provide answers to basic questions about how and why it has spent its money. Consider a just few questionable details from Jordan’s October 10 report:

The campaign has paid at least four out-of-state companies in Wyoming, Vermont and Minnesota nearly $50,000 for what it says are various consulting services. Yet the companies appear to be “shells” with no actual place of business only a mailing address and a contact listed as a “registered agent.” One company is identified by the campaign as a Limited Liability Company with a post office box in Peru, Vermont, but the Vermont Secretary of State has no record of the company existing. Another company that has received payments from Jordan’s campaign lists its address as an apartment in Minneapolis.

One company with a Cheyenne, Wyoming address, lists Jordan’s campaign manager, Nathanial Kelly, as its president, secretary, treasurer and only director. Kelly is the same guy who recently tried to explain away why the campaign required its staffers to sign non-disclosure agreements. Kelly’s Wyoming firm only became active in August just about the time Kelly has said he was helping the Coeur d’Alene Tribe, with Jordan’s encouragement, to establish a federal super PAC.

A second Wyoming firm that received two $10,000 payments from Jordan since August is registered at the same Sheridan, Wyoming address as the federal PAC. This firm has not filed more complete information, including the names of incorporators, with the state of Wyoming because it isn’t required to do so until a year after it is formally registered. Meanwhile, the campaign insists that none of its resources have gone to helping establish the federal PAC, which Jordan has refused to discuss beyond criticizing the reporting that disclosed its existence.

The Jordan campaign has employed two different digital fundraising firms both located in Washington, D.C. and paid them more than $110,000. One firm started work after Jordan won the May primary. The campaign also reports payments to two separate campaign reporting and compliance firms with one firm joining post-primary. The campaign, which has had two high profile staff shake ups since May declined to provide information on how many different employees it has paid – it appears upwards of a dozen – has also utilized two different payroll services firms, but has also paid staff directly. (The campaign refused my request to provide information on who has been paid and how.) These set ups beg the question: why are two firms doing what appears essentially to be the same job.

The campaign also reported a $1,000 “contribution” to a California entity that lists the same Novato, California address as one of the reporting and compliance firms. When I asked who received the contribution I was told the money went to “an elected official who is consulting for the campaign as well.” A spokeswoman at the Idaho Secretary of State’s office says failure to disclose the recipient of a contribution from an Idaho campaign committee is a violation of Idaho law. That obviously is a problem for Jordan’s campaign, but her small dollar donors might also be justified in asking why would an Idaho campaign scraping for every dollar make any contribution to a candidate in California?

Campaigns, we all know, cost money. Personnel, technology, advertising and travel require money, the kind of money Jordan has been raising. But the real question for the candidate – and her thousands of small donors – is why so little of the more than one million dollars she has raised has been spent in a way that might actually reach, inform and motivate Idaho voters?

The campaign has talked about the importance of transparency and accountability in state government, but that clearly doesn’t extend to her campaign. Jordan’s latest campaign finance report is a black box of questions, contradictions and head scratching inconsistencies. It all begs another question: where has all the money gone and why?

 

Education, Idaho Politics

Idaho Ds Win (Occasionally) When GOP Screws Up

My column this week in the Lewiston Tribune

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This year’s race for Idaho Superintendent of Public Instruction will test one of my long held theories about the state’s politics. It will be news to some voters, but Democrats have occasionally won elections in Idaho, but generally only when Republicans screw up and put forward a candidate broadly seen as unfit or ill prepared. When that happens a competent Democrat can win and often stay in office for a while.

Frank Church won the first of his four terms in the Senate in 1956 because he faced a flawed GOP incumbent, Herman Welker, who had distinguished himself as Joe McCarthy’s best friend in the Senate. Welker was likely also suffering from a brain tumor, which may have contributed to an erratic personality that offended many voters, including Republicans. Unacceptable GOP candidate equals Democratic win.

Cecil Andrus used to joke that had there not been a Don Samuelson, another bumbling GOP incumbent, he would never have won the first of his four terms as governor. Democrat John Evans beat the hapless Republican gubernatorial candidate Allen Larsen in 1978 only after Larsen, an awful candidate, told live-and-let-live Idahoans that he thought it was possible to legislate morality. That’s why you don’t remember Governor Larsen. Richard Stallings was elected to Congress because the GOP incumbent George Hansen was a serial crook. One judge, obviously giving Big George the benefit of the doubt, said Hansen’s failure to comply with campaign finance law was not necessarily “evil” but “stupid, surely.” Hansen later served time for defrauding a bank.

Democrat Cindy Wilson

Which brings us to Cindy Wilson, the earnest, experienced, energetic and personable Democratic candidate for state superintendent of public instruction. Wilson, based on her resume and grasp of issues, should, even in red Idaho, be a serious candidate. She’s taught for 33 years in schools in Orofino, Pierce, Shelley, Boise and Meridian. She’s won awards for her classroom success and Governor Butch Otter appointed her to the state board of corrections, giving Wilson a view of how educational failure contributes to exploding prison populations. That Wilson has a chance to win, however, says as much about the underwhelming incumbent as it does about the challenger.

Republican incumbent Sherri Ybarra is, as one astute observer told me, really “an accidental candidate.” Ybarra, a total political unknown with a shallow resume, came from nowhere to win the GOP nomination four years ago. That was enough for a Republican “fresh face” to win a general election. Since then Ybarra’s often erratic performance has raised persistent questions about her competence and even her interest in the job.

For a politician who is supposed to be an advocate for Idaho’s 300,000 public school students, Ybarra frequently seems to have forgotten to do her homework. Ybarra has been late with her campaign finance reports and has never fully explained why she had to amend disclosure reports going back to 2017 to justify why she paid herself back for a loan to her campaign that she had never disclosed as a loan in the first place.

Ybarra has stressed support for rural schools, but her policy proposals have been thin to the point of non-existence. Gubernatorial candidate Brad Little, by contrast, recently put some specific meat on the bones of how rural districts might actually combine certain services. It is the kind of thing a chief school officer might do rather than a candidate for governor.

Republican incumbent Sherri Ybarra

Ybarra has touted a school safety initiative – KISS, Keep Idaho Students Safe – but did nothing to coordinate her very expensive proposal with the office state lawmakers specifically established to deal with that issue. As Idaho Education News reported recently the head of the Idaho Office of School Safety and Security was dumbfounded to learn that Ybarra had gone off on her own, ignoring the expertise in his office. “We didn’t even know she was looking at doing any kind of safety initiative until she announced it to the general public,” said school safety program manager Brian Armes.

Challenger Wilson might have simplified her entire campaign by adopting an easily understood slogan: “I’ll show up for work.” Ybarra has frequently missed state board of education meetings, including a meeting this summer that conflicted with her professed need to pack for a vacation. Lately she has been stiffing joint appearances with Wilson, including in the last few days an Idaho Falls City Club event and an educational forum at Boise State University.

Ybarra ducked the Idaho Falls appearance in favor of a fundraiser at a pub in Eagle owned by a former colleague who lost his educational credentials after being accused of multiple counts of sexual harassment. “He was punished for that, and he’s still a friend of mine,” Ybarra told reporter Clark Corbin of Idaho Education News. “We’re not around kids right now, we’re at a fundraiser.” That statement will be remembered as the definition of tone deaf, or perhaps worse.

The last time Idaho had a bumbler in the state superintendent’s office voters overwhelmingly rejected his “education reforms” at the ballot box. And before that an incompetent Republican state superintendent lost re-election to Democrat Marilyn Howard, who went on to serve two terms, carrying on a tradition of professional, competent management of the office that dates back to Jerry Evans and Roy Truby in the 1970s and 1980s.

Having the big R behind your name is often all it takes to win in Idaho, but if voters are paying attention and really want competence in a job critical to kids and parents and the economy, the incumbent state superintendent will be looking for a new job in January.

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Johnson, Supreme Court

This Is Not Over…

My latest column that run Friday, October 5, 2018 in the Lewiston (Idaho) Tribune.

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Most Americans today won’t recognize his name. When he resigned in disgrace from the U.S. Supreme Court in 1969 he mostly disappeared from public life, remembered now only as a footnote in the evolving story of increasing partisan hostility over membership on the highest court in the land.

It wouldn’t be correct to say that the politicization of the court began with Abe Fortas – judicial nominations are and have always been inherently political – but what happened to Fortas does provide a cautionary tale for today’s Senate as it struggles with the tortured process of assessing Judge Brett Kavanaugh’s fitness for a lifetime appointment.

Justice Abe Fortas

Fortas, like Brett Kavanaugh, was not merely a creature of the political process but a deeply partisan political player who, like Kavanaugh owed his appointment to a flawed process engineered by a flawed president.

Fortas was, like Kavanaugh, a Yale Law grad, and was one of the bright young lawyers who populated the administration of President Franklin Roosevelt. In the 1940s Fortas helped found a high-powered D.C. law firm – today’s Arnold and Porter – where he represented deep pocket corporate clients and maintained his extensive and lucrative political connections.

When his friend Lyndon Johnson needed legal help to make certain his contested 87-vote victory in a 1948 Texas Senate race would hold up under scrutiny he called Fortas. After Johnson won a landslide election as president in 1964, like most presidents he wanted to put his mark on the Supreme Court. Johnson being Johnson, he literally forced Associate Justice Arthur Goldberg off the court in order to appoint his pal Fortas. He was confirmed and that decision seemed, briefly, to cement a liberal lean to the Supreme Court for a long time to come.

But, in a variation of the old line that you can make God laugh by telling him your plans, Johnson – and Fortas –overreached. Badly. When, near the end of Johnson’s presidency in 1968, Chief Justice Earl Warren announced his retirement, LBJ was certain he could replace Warren as chief justice by ramming a Fortas nomination through a Senate controlled by Democrats. Shades of the current controversy – Johnson insisted on speedy Senate action. Don’t ask a lot of questions, he said, just confirm him – quickly.

A famous photo of LBJ giving Abe Fortas “the Johnson treatment”

Conservative southern Democrats and Senate Republicans refused to go along with the hurry up process, particularly after it was disclosed that Fortas had been the beneficiary of a sweetheart deal that paid him a tidy sum to teach at American University, a deal not financed by the college, but by former clients at his old law firm. It was also revealed that the justice had been a regular advisor to Johnson, counseling the president on PR strategy regarding the war in Vietnam, attending cabinet meetings and even drafting a state of the union speech for LBJ. Fortas, with the surety of a Brett Kavanaugh, dissembled about his involvement and ultimately a Senate filibuster killed his appointment as chief justice.

But even as Fortas stayed on the court, the drip, drip of scandal would not stop. And finally when another sweetheart consulting gig involving a shady friend was unearthed Fortas’s time was up. He resigned from the court in disgrace in the spring of 1969. He died in 1982.

So play this out 50 years later with another highly partisan court appointment. Kavanaugh has left not only a vast and still undisclosed paper trail of his activities and views of the George W. Bush White House, but now has had two appearances before the Senate Judiciary Committee where, to be charitable, he has been at best guilty of less than subtle obfuscation.

The president of the United States has outsourced judicial vetting to the most extreme partisans in the community of GOP special interests who want to complete the full politicization of the court. He has, like LBJ in 1965, looked beyond talent and temperament to put a politician on the bench.

No matter what happens with the Kavanaugh nomination – let’s assume he is narrowly confirmed amid continuing controversy about his past and his truthfulness – the scrutiny, just like with Abe Fortas, will not suddenly disappear.

Judge – Justice – Brett Kavanaugh

There is a better than even chance that Democrats will win control of the U.S. House of Representatives in the fall and a feisty New Yorker by the name of Jerrold Nadler will become chairman of the House Judiciary Committee. Last weekend Nadler seemed to be reaching back in time when he said: “We cannot have a justice on the SupremeCourt for the next several decades who will be deciding questions of liberty and life and death and all kinds of things for the entire American people who has been credibly accused of sexual assaults, who has been credibly accused of various other … wrong things, including perjury. This has gotta be thoroughly investigated. I hope the Senate will do so. If he is on the Supreme Court and the Senate hasn’t investigated, then the House will have to.”

Based upon what the Supreme Court should be – independent, free of obvious partisan taint, above politics to the extent that is possible – it’s easy to see that Lyndon Johnson made a historic mistake in 1965 appointing an unabashed partisan to the court. Johnson knew what he was doing. He wanted his guy in there. History shows us how that turned out. Donald Trump also wants his guy on the court, a judge who has wondered out loud if constraints on presidential power are appropriate and, credible questions of past conduct aside, believes he is being put upon only as “revenge on the behalf of the Clintons.” The lesson is clear: controversial, highly partisan nominees are bad for the court and bad for the country.

In his biography of Abe Fortas, historian Bruce Allen Murphy notes that a portrait of Fortas that once hung in a prominent place in the Yale law school has now disappeared from the New Haven campus. Does a similar fate await a new justice? We’re going to find out.