Demonstrating the wisdom which led to his appointment as Chief Justice of the Supreme Court, John Roberts referred all the pending ethics complaints against Brett Kavanaugh to a known conservative, Judge Timothy M. Tymkovich. The Tenth Circuit Court of Appeals in Denver, Colorado was selected by Roberts to process the allegations which many believe are totally unfounded.
To leading Democrats, the way the newly confirmed Justice passionately defended himself in his testimony from false accusations, raised at the absolute last moment and childishly designed to spitefully disrupt and delay his nomination, was somehow unprofessional conduct. A grand total of 15 ethics charges were filed.
The official liberal opinion is summed up by Forbes. “From the outset in his prepared statement, he was angry and confrontational in manner. He was aggrieved and complaining about the situation in which he found himself. He was impolite and challenged the integrity of the Senate questioners and portrayed the hearing in the starkest partisan terms.”
“He made no apparent effort to hold emotions in check and shouted at U.S. Senators and accused them of wrongdoing. He repeatedly sought to shift the attention and blame to others for what was taking place.”
Yet, the ethics of Democrat Senators having a conference call the weekend before the hearings began, to conspiratorially plot ways to intentionally disrupt and delay the proceedings, has never been questioned.
The way so-called “responsible” Senators intentionally packed the gallery with obscene protesters is perfectly acceptable to Democrats.
Senator Dianne Feinstein (D-Calif.) knew all about Christine Blasey Ford but kept it quiet until her scandalous but unfounded accusations could be exposed at just the right moment – after a parade of witnesses testified that Kavanaugh’s background had been solidly vetted and he was good to go.
According to Politico, Senator Feinstein “received a letter from Ford ‘some months ago’ describing the incident with Kavanaugh” but she sat on it.
Feinstein claims, she “had kept the material confidential, as requested in the letter.” But, it didn’t stay that way.
“At some point, information about Ford was leaked to the press, though the California Democrat denied that she or her office were responsible.” If it wasn’t her or some other, it had to be the Federal Bureau of Investigation that leaked.
Now Feinstein is under investigation. “Sen. Dianne Feinstein’s office will be investigated to determine whether it leaked a confidential letter from one of Brett Kavanaugh’s accusers,” Sen. Tom Cotton (R-Ark.) announced. It will be the FBI doing the investigation, so that should be interesting, some say.
Judge Tymkovich won’t have to decide about any ephemeral “repressed memories,” Forbes notes.
“Unlike the allegations of Justice Kavanaugh’s sexual misconduct and excessive drinking as a teenager, there is no question here about the facts as to what happened, since they occurred on national television.”
The allegations against Kavanaugh were originally filed at the court he stepped up from, District of Columbia’s U.S. Circuit Court of Appeals. The Chief Justice there had once been up for nomination to the Supreme Court, so he recused himself.
“These complaints were initially received by the U.S. Court of Appeals prior to Kavanaugh’s seating on the Supreme Court. Chief Judge Merrick Garland – whose nomination to the Supreme Court was blocked by Senate Republicans – recused himself from the matter,” Forbes relates. Justice Neil Gorsuch got the job.
Judge Karen Henderson, an appointee of President George H.W. Bush, made the decision, which she explained in her letter to Justice Roberts, that due to the “exceptional circumstances related to the above-referenced complaints and the concern that local disposition may weaken public confidence in the process,” another circuit’s judicial council should handle the matters.
Under the rules, such requests automatically go directly to the Chief Justice of the Supreme Court and Roberts agreed that it wasn’t likely Kavanaugh would get a fair hearing from a court located in the center of the still swirling controversy.
Judge Henderson confirmed in a statement Saturday that “the complaints only ‘seek investigations… of the public statements he has made as a nominee to the Supreme Court,’” Associated Press reports. Some of the charges were so frivolous that she dismissed them already.
Justice Roberts patiently waited until after the nomination process was concluded, so as not to influence the results, then handed the charges to the tenth circuit. They handle appeals cases for Colorado and several neighboring states.
Judge Tymkovich will have a wide range of options available, Forbes advises. He “has the option of handling the complaints himself, dismissing them or appointing a special committee to examine them.”
Generally speaking, Supreme Court justices aren’t covered by the misconduct rules that the claims were filed under. That means they could be simply dismissed as “moot.” Liberals warn that going that route runs the risk that the future careers of both judges will be haunted by the dreaded “asterisk.”
“If complaints against a sitting Justice are not dealt with in an impartial apolitical manner, then there will be an asterisk against Judge Tymkovich and Justice Kavanaugh for the remainder of their terms, and indeed the U.S. Supreme Court itself,” Forbes predicts.
Judge Tymkovich almost found himself on the same hotseat Kavanaugh just faced. His name was on the “short list” of names that President Donald Trump was considering for appointment.
His court bio refers to Tymkovich as “a third-generation Coloradan.” According to the Alliance for Justice, his notable opinions include, “Hobby Lobby v. Sebelius, holding that for-profit corporations are persons exercising religion freedom for purposes of the Religious Freedom Restoration Act, and allowing them to assert religious objections to laws that protect their employees’ legal rights.”
He also, “argued that Colorado could properly deny Medicaid funding to poor women for abortions to terminate pregnancies that resulted from rape or incest. He asserted that local ordinances that prohibited discrimination on the basis of sexual orientation conferred ‘special rights’ on LGBTQ people. He opposed Denver’s efforts to restrict assault weapons.”
It looks to many conservatives that Justice Kavanaugh’s fate is in good hands.