an autodidact meets a dilettante…

‘Rise above yourself and grasp the world’ Archimedes – attribution

Posts Tagged ‘Supreme Court

Brat Cavernaugh, or the Ruling Class at play: part two

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Mitch McConnell, ruthless American conservative

 

In a speech to his old high school in 2015, Kavanaugh remarked smirkily that ‘what happens at Georgetown Prep stays at Georgetown Prep, that’s been a good thing for all of us..’ It’s fascinating how such a seemingly harmless piece of banter can take on much darker tones as information comes to light. For example, considering that Georgetown Prep has always been an all-boys’ school, ‘all of us’ clearly refers to only one gender, and considering that the cloud gathering over Kavanaugh now is all about his and his preppy mates’ treatment of the opposite sex, which may have at times bordered on criminality, this hiding of the truth about goings-on at the school becomes very disturbing. 

The intense focus on Kavanaugh in recent weeks has revealed someone who knows how to be evasive in a lawyerly way. The end result, before the scandalous claims began mounting up, was that Democrats and moderate Republicans, in Congress and out, had no clear idea of his views on Roe v Wade, presidential power and immunity, or any other key issue that concerned them. It can be argued that this evasiveness was a product of ‘due judiciousness’, the view that a judge can’t answer these general questions, but has to pass judgment on the facts before him in particular instances, but with so much at stake, it’s understandable that those with at least some progressive cells in their body would want a clearer picture. This has in fact been given by examinations of his record of judgements and legal opinions, which don’t provide much hope for progressives.  

More importantly, Kavanaugh’s evasiveness has been very much to the fore as allegations have come to light re his high school and university years. In the case of his most recent appearance before the judiciary committee, this evasiveness has been mixed with, and sometimes masked by, a belligerent and, in my view, self-servingly mawkish tone which I didn’t find conducive to truthfulness. Most importantly, and, I feel, decisively, he managed to avoid answering the question as to whether he would be prepared to submit to an FBI investigation. Not once but on five separate occasions when questioned on the matter. In spite of my squeamishness, I did witness him doing this on one of the cable networks, and to me it was clear what he was doing. As a person who has himself been falsely accused – of a crime even more serious than anything alleged against Kavanaugh – I know how I feel about police investigations – that they should be done as promptly and as thoroughly as humanly possible, and I would certainly have been prepared to testify to the highest authorities under oath many times over to clear my name, and was in fact desperate to do so. And since there were no witnesses to the allegation made against me, I would certainly have been happy to have any and all witnesses to testify to my character in respect of violence, or my accuser’s character in respect of truth-telling. But, being a ‘nobody’, accused by a nobody, I had to sit and by and watch the police do virtually nothing, until forced to do so, after which the case was thrown out. So Kavanaugh’s refusal to answer that question, and his obvious whitewashing of the period in question, can only be explained one way. Innocent people just don’t behave like that, unless there’s something very wrong with them. 

The fact is, Kavanaugh’s obfuscation is incredibly telling, and the majority Republicans, who have now ‘permitted’ an FBI inquiry, ‘limited in scope and time’, are still doing their best to ram through the confirmation ‘no matter what’, according to the dictum of the egregious Mitch McConnell. This is not an investigation which will probe all the facts in the case, because it is limited by a partisan party. Moreover, the recent appearance by Kavanaugh was conducted under oath, and a number of classmates have since come forward to point out that he told lies under that oath, about his drinking habits, which he massively downplayed while also talking, strangely, at length, about the pleasures of beer. He presented himself as a church-going, highly studious, sporty type whose love of beer wasn’t excessive. Classmates have come forward to say that he was very often drunk, that he was a mean drunk, a sloppy drunk and so forth, and that he therefore lied under oath, which should be immediately disqualifying. 

However, having said that, it’s likely that the FBI will not be investigating his drinking habits, they will only concern themselves, as directed, with the alleged assault or assaults. Though it isn’t entirely clear, it seems, what the FBI’s brief is. In fact, as I write, the goalposts keep shifting. The White House and Trump seemed to broaden the investigation, then the media were told, no, it would remain limited, etc, and the FBI itself seemed confused about all the mixed signals. The bureau is supposed to take its orders from the White House in this instance, which is itself a worry. Not surprisingly, Trump is now heaping praise on the FBI – at least until their findings are presented.

But to return to Kavanaugh’s final ‘testimony’. It was belligerent and evasive, but also partisan and Trumpian – blaming the Clintons for a set-up and an ambush. It’s noteworthy that Trump was critical of Kavanaugh’s performance in his first hearing, and it’s well-known that Kavanaugh had been ‘rehearsing’ his performance at the White House, so this time he did his master’s bidding and played the witch-hunt card, thus managing to be offensively belligerent and obsequious at the same time – though why he chose to play to an audience of one, when the confirmation was largely out of Trump’s hands, is anyone’s guess.

The most recent development, which seems to be Trump’s own doing, is that the FBI is being given as wide a scope as it needs. From this, I’m getting the impression that Trump is preparing to wash his hands of Kavanaugh – to throw him under that very destructive bus the Yanks keep talking about – but the GOP is definitely not. Which leaves the FBI as the piggy in the middle, with the White House giving carte blanche, and the Republican Senators, under the whip of the disgusting McConnell, saying it all has to be wrapped up by Friday (October 5). It’s an impossibly ludicrous situation. Apparently the FBI is currently busy turning away an increasing number of people who want to speak to the agency about Kavanaugh’s drunken loutishness during his college days. It’s becoming increasingly clear that Brett was then something of a lout, and is now something of a liar. All in all it’s the behaviour of that class of people I recall from my own university days – students of the moneyed professions, behaving boorishly in the bar, mixing only with their own kind, man-spreading smugly, making a moat of waste and filth around their table as they disgorged food, drink, fag-ends and assorted packaging over the course of a fun evening. The sort of people worth avoiding, for a lifetime. Everything I’ve observed about Kavanaugh recently fits that picture to a t. Having said that, having been a loutish youth over thirty years ago isn’t a crime. Pretending that you never really behaved badly isn’t either. But, on the one hand, we’re not talking about criminality, we’re talking about suitability for a particular job, a job that clearly requires great integrity (as does the job of US President, but that’s another story…). On the other hand, the possibility of a serious crime is in question, and that won’t be properly investigated, because of the determination of McConnell and the GOP. So, if the GOP manage to get him confirmed, it will destroy the credibility of their party for a long time into the future – and I believe Kavanaugh can be impeached. Though he may have to wait in line. 

Written by stewart henderson

October 3, 2018 at 2:07 pm

the latest summary of my battle for justice

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SA’s Supreme Court, a possible destination

I’ve written five posts recently on what I call ‘the big lie’ (see links below), and I might end up turning it into a book. It looks like I’ll have plenty of time on my hands to do so. My last post was on January 20, and since then there’s been no word from DCSI (SA’s Department for Communities and Social Inclusion) on the review of the decision, which officially commenced on October 31 2017 – 105 days ago. On the website for the Screening Unit of DCSI (or DCSE in my case), we’re told that a review will take 6-8 weeks or longer. Of course they don’t say how long longer is.

105 days is of course exactly 15 weeks. I have been suspended from work without pay since November 10. I’d been in my job as an educator in English for Academic Purposes for only four years. It was mostly part-time, and TESOL is probably the most lowly-paid job in teaching, which is already well-recognised as an under-paid profession. However it’s the best job I’ve ever had, and I miss my students – a lot.

I point all this out because I want to make it clear that I lack the financial resources to hire a lawyer to help me clear my name in a civil or criminal court, even if there were any avenue for me to do so, and at this stage it appears not.

However, if I can find an avenue, I will represent myself.

So, two weeks ago I wrote an email to the people responsible for my review. I used the same email address they gave me for sending any further information that might assist my case – personal/professional references or any other documents I might have unearthed. My email was essentially a begging letter about the personal and financial stress I was going through due to their delayed decision. I received no response, so last week I wrote a letter of complaint to DCSI about the delay. I received no response from that either, so yesterday I filed an official complaint about the matter to the SA Ombudsman, whose office looks into official complaints about state government departments, inter alia. After managing finally to fill out correctly their not-so-user-friendly form, I was told they would respond within a fortnight.

So that’s where things stand at present, but I worry that the longer it takes for the Screening Unit to decide for or against me, the less likely it will be that I’ll be reinstated in my job, whatever the outcome.

Meanwhile, as well as trying to turn my mind to other things, and to blog about them, I’ve been looking online for possibilities for clearing my name, taking action against wrongful arrest or wrongful prosecution, and so forth. And I’ve come up pretty well empty. DCSI provided me with a pamphlet on Procedural Fairness as part of their request for further information back in April last year. Under ‘further avenues of appeal’ it states: ‘You may also seek a judicial review of  an administrative decision in the Supreme Court’. If the decision is against me, I will do that, but that won’t be enough, though it may be that the Supreme Court, in reviewing the case, will accept that a nolle prosequi decision was unfair in light of the complete absence of evidence presented. In which case, the DPP and SAPOL may have a case to answer, a case that I would be keen to pursue.

The problem with this, though, is that first and foremost I want my job back, and I’m getting on for 62 years of age. How long would all this take? And it’s also clear that seeking redress for false accusations, and even for unjust convictions leading to deprivation of liberty, is no easy matter in Australia. My online research on this stuff just leaves me feeling depressed. It should be said that the case of Roseanne Beckett, linked to above, ended well for her after 26 years (and the injustice she suffered completely dwarfs my own, to put it mildly).

My concern in fighting this case is:

First, to find out if the accuser is still sticking by his accusation.

Second, to determine how the police can justify not visiting the so-called scene of the crime until after the case had been transferred to a higher court (thus necessitating the production of evidence, or at least verification of the boy’s story).

Third, how can the police justify arresting me without evidence? Their own justification is stated tersely on their charge sheet:

‘Accused arrested to ensure appearance and due to the serious nature of the offence’.

So, two reasons are given. To take the second one first – due to the serious nature of the offence. Is it fair to arrest someone solely on the basis of a claim being serious or extreme? Think of the term used in science: extraordinary claims require extraordinary evidence. Prima facie, I can’t see how you can justify arresting someone for a crime as serious as rape, with all the opprobrium understandably attached to it, and the damage to the accused’s reputation, without any evidence whatever beyond the story of the accuser. To do so would, IMHO, lack due diligence to an extreme degree. So now to the first reason – to ensure my appearance – that is, to ensure I wouldn’t ‘do a runner’. However, this makes no sense. For many weeks before my arrest I was aware that a serious allegation had been made against me. I also made the police aware of this because, after weeks of being kept in the dark, I made an official complaint to the Police Complaints Authority about my situation. It was Anglicare who informed me, by phone, that a serious allegation had been made, immediately after they had manoeuvred my new foster-kid out of the house on a false pretext. Clearly, the police had contacted Anglicare about the allegation against me, and they (the police) would have ensured that no other minor was in my care until this matter was investigated. So the police knew that I knew something was afoot, and they would have known, or should have known, from the Police Complaints Authority matter, that I wasn’t going anywhere. In short, neither of the reasons given by the police for my arrest bear close scrutiny.

Fourth, how the DPP can justify proceeding, when their mission statement is clear that no case will be prosecuted unless there is a reasonable chance of conviction.

But at first glance there seems no avenue for fighting the whole case, so I would have to begin by fighting the DCSI’s decision. This fight would mean questioning why the screening unit looks upon nolle prosequi so negatively. But here I must say that my researches have uncovered something which I may have written about before, forgive me. That is, that there are three possible way in which the prosecution could be unsuccessful, not two, as I’d previously thought.  They are: a finding of not guilty (i.e. acquittal), which would entail an expensive full trial, which was never going to happen; a dismissal before arraignment, in which the DPP recognises it doesn’t have a case; and a nolle prosequi dismissal after arraignment, because the DPP has somehow convinced the magistrate that the defendant has a case to answer. It is because the case was sent to a higher court at arraignment (or did the arraignment actually take place in the higher court? I’m not sure) that I’m in the position I’m now in, without a police clearance, and in danger of never being able to teach again, even in a voluntary capacity, at least not in a community centre, where these more stringent police clearances are now mandatory.

In any case, it’s time now to act, I can’t keep waiting, stuck like a rabbit in the headlights. I’ve been too passive in this case. I need to take it to the Supreme Court, if possible – regardless of the eventual decision of DCSI.

https://ussromantics.com/2017/11/11/the-battle-for-justice-part-1-some-background-to-the-case/

https://ussromantics.com/2017/11/13/the-battle-for-justice-part-2-the-problem-with-nolle-prosequi/

https://ussromantics.com/2017/11/14/the-battle-for-justice-part-3-is-there-any-way-to-clear-your-name/

https://ussromantics.com/2017/11/21/the-battle-for-justice-an-update-the-problem-with-documents/

https://ussromantics.com/2018/01/20/police-procedures-the-dpp-and-subtle-corruption/

 

Trump downfall update. The latest indictments of Russians obviously undercuts Trump’s claims about the ‘Russian hoax’ as well as the ‘tattered FBI’ and might have an affect on the Trumpets. They should have an undermining effect on the Congress Trumpets in particular – Nunes, Collins, Cotton and co. If, after this, the GOP Congress continues to deny or do nothing about Russian conspiracy to influence elections, including the coming mid-terms, isn’t this obstruction of some sort? Or some sort of passive collusion? It certainly is an outrage. Pressure should next be brought to bear on sanctions, and that would mean more pressure on Trump.

Written by stewart henderson

February 17, 2018 at 11:32 am