By: Cliff Kincaid
As he was preparing to attend a White House dinner of evangelical leaders, Tony Perkins of the Family Research Council (FRC) sent out a fundraising message in support of President Trump’s nomination of Judge Brett Kavanaugh to the Supreme Court. What Perkins didn’t reveal to FRC supporters is that Kavanaugh’s mentor on the court, Justice Anthony Kennedy, supported abortion-on-demand and same-sex marriage and that Kavanaugh has promised to uphold Court precedents.
While Trump has a good record of nominating conservative judges, there are growing doubts as to whether Kavanaugh will be a reliable conservative voice. Indeed, with the news that Kavanaugh’s backers include Bob Bennett, the lawyer who represented former President Bill Clinton during the Paula Jones sexual harassment case, we are seeing more indications that Kavanaugh is a Washington insider who has been rubbing elbows with the elites on both sides of the aisle. Kavanaugh was a prosecutor in the Independent Counsel investigation of President Clinton and participated in a cover-up of the murder of Clinton’s Deputy White House Counsel Vincent Foster. Kavanaugh concluded that Foster drove himself to Fort Marcy Park outside of Washington, D.C., and shot himself, even though his car was not at the park at the time and his fingerprints were not on the gun.
Since Kavanaugh participated in the ultimate Clinton cover-up, we have to conclude that much of the left-wing opposition to his nomination is for show, in the same way, that “professional” wrestlers stage their bouts. Bob Bennett’s support demonstrates that Kavanaugh is acceptable to the Swamp.
What we are witnessing is a replay of what Gregg Jackson and Steve Deace warned us about in the 2011 book, We Won’t Get Fooled Again: Where the Christian Right Went Wrong and How to Make America Right Again. They noted how the so-called Religious Right, which includes FRC, was depicted as a powerful voting bloc in American politics but that “there is little evidence the movement actually has accomplished any of its objectives…” This is in part because they endorse bad nominees in exchange for access to the corridors of power and fancy dinners.
Remember that it was conservative and pro-life President Ronald Reagan who received bad advice and gave us Sandra Day O’Connor and Anthony Kennedy and their pro-abortion and pro-homosexual dictates from the bench. Trump has gotten bad advice about Kavanaugh, a Catholic who attends a liberal D.C. parish, the Most Blessed Sacrament in Washington’s Chevy Chase neighborhood, which featured the late liberal Democratic Senator Ted Kennedy as a member.
It’s tempting to believe White House claims that Kavanaugh is a constitutional conservative. Sitting in the White House State Dining Room with other evangelical leaders, including Paula White, Alveda King, Franklin Graham, Jerry Falwell, Darrell Scott, Robert Jeffress, Ralph Reed, J.D. Greear, and Lester Warner, the FRC’s Tony Perkins heard President Trump highlight his administration’s record on religious freedom and traditional values. Many of the evangelical leaders presented Trump with a Bible they signed and which declared, “History will record the greatness that you have brought for generations.”
But will Kavanaugh help restore America’s greatness?
Perkins claimed in his fundraising message to FRC supporters that the Kavanaugh nomination “represents a departure from an activist court that has systematically imposed the Left’s agenda on our nation, and it gives conservatives an opportunity of a lifetime.” In fact, Kavanaugh was a clerk for Justice Kennedy and praised him at the White House ceremony where President Trump announced his nomination for Kennedy’s seat. Kavanaugh actually claimed that Kennedy’s legacy was one of “securing liberty,” when Kennedy imposed the agendas of the abortion industry and homosexual rights movement. Indeed, Kennedy upheld Roe v. Wade and actually wrote the Obergefell same-sex marriage ruling.
Ignoring all of this, Perkins pleads for money, saying, “I am counting on you to make a critical contribution today to help FRC support the nomination process of Judge Kavanaugh!” But it is not morally right to raise money on the basis of false hope and misleading information about a Supreme Court nominee.
Ricardo Davis of Georgia Right to Life, Phillip Jauregui of the Judicial Action Group, and Larry Klayman of Freedom Watch have all expressed their strong opposition to Kavanaugh and have been featured on television programs aired by my group, America’s Survival, Inc. They note Kavanaugh’s mishandling of the Vincent Foster murder case, weak record on abortion, flawed rulings on Obamacare and NSA surveillance, debt to Kennedy, and the availability of much better nominees, such as Judge Amy Coney Barrett.
Since the establishment conservative media are censoring the conservative opposition to Kavanaugh, we have tried through our America’s Survival TV program to analyze the Kavanaugh nomination and who was behind it. Our report, The Deep State Wears Black Robes, identifies the main culprit as White House counsel Don McGahn, who has been running Trump’s judicial selection project while secretly and suspiciously cooperating with Russia-gate prosecutor Robert Mueller. Interestingly, President Trump just announced that McGahn is leaving the White House in the fall, most likely to return to his high-powered D.C. law firm, Jones Day, which is representing Cardinal Donald Wuerl in the Catholic sexual abuse scandal.
Putting Kavanaugh on the Supreme Court, where he could rule on a case involving President Trump, would be McGahn’s crowning achievement. But it may result in a case that may not go Trump’s way, as McGahn has allegedly been helping Mueller build an obstruction of justice case against the president that may include a subpoena of Trump that could result in a legal challenge. (President Trump says McGahn is not a “rat,” but McGahn had reportedly threatened to resign if Trump fired Mueller.)
Many conservatives were wrong about Mueller, saying he was a “straight shooter,” and maybe equally wrong about Kavanaugh.
At this crossroads in American history, it’s advisable to remember the Bible verse from Ephesians 6:13 that FRC puts on bumper stickers that it sells for $1.00:
“Therefore take up the whole armor of God, that you may be able to withstand in the evil day, and having done all, to stand.”
*Cliff Kincaid is President of America’s Survival, Inc. (www.usasurvival.org) and host of America’s Survival TV on YouTube and Roku. His latest book, Permanent Revolution: The Secret Life and Legacy of Barack Hussein Obama, is available through Amazon.
2 thoughts on “The Kavanaugh Nomination Is A Trojan Horse”
Judge Kavanaugh has been on three of the numerous appellate panels in my Navy Chaplain religious liberty case now in its 19th year, In re Navy Chaplaincy, 07-mc-269 (D.D.C.). Those decisions show (2) a distorted view of the Establishment, Due Process and Right to Petition Clauses hostile to military personnel, individual rights, and evangelical Christians’ religious liberty, while protecting illegal Catholic preferences; and (2) disqualify him for the Supreme Court. His claimed fidelity to the Constitution and commitment to “settled law” lasts only until he decides a law is no longer settled. He has not followed controlling precedent and/or applied the law in a denominationally neutral manner; has established new precedent denying evangelical chaplains the ability to challenge obvious illegal denominational preferences which he has protected; and he has been disrespectful and hostile to military personnel forced to seek judicial enforcement of their rights. His failure to write a concurrence or dissent disagreeing with part of his panels’ decisions shows they reflect his judicial philosophy.
Judge Kavanaugh’s appellate panel decisions are responsible for this case’s length despite its simple question: may the Navy disregard chaplains’ records and prefer some denominations over others when promoting commissioned denominational representatives? “Yes” is Judge Kavanaugh’s answer, telling the Navy not to fear judicial accountability for violating the Establishment Clause’s basic command.
Chaplaincy consolidated three separate Navy chaplain cases challenging the Navy Chaplain Corps’ (“CHC”) religious patronage system. Judge Kavanagh wrote the In re Navy Chaplaincy, 534 F.3d 756 (D.C. Cir. 2008), majority opinion. He denied the chaplain plaintiffs standing to challenge a special CHC program that commissioned Catholic chaplains beyond the regulatory age limit (40 years) and then illegally retained them on active duty beyond their statutory separation age of 60 until they illegally served 20 years and qualified for a military pension. The CHC (1) illegally placed these overage chaplains in the “retired reserve” at age 60 although they failed to meet the statutory 20 year active service retirement requirement and (2) immediately illegally recalled them to active duty until they reached 20 years service and could retire with a pension. This un-advertised, fraudulent retirement program existed for Catholics only; one such chaplain retired at age 77.
Chaplains are commissioned as denominational representatives. Judge Kavanaugh ignored this fact to distinguish exposure to prayer or an inanimate religious display, e.g., a crèche, which communicated the government’s religious message, from contact with these illegally retained overage Catholic priests, living examples and messages of a clear illegal denominational preference. In Chaplaincy, “by contrast, the Navy is not communicating a religious message through religious words or religious symbols.” Chaplaincy, 534 F.3d at 764. This is absurd and violated numerous precedents.
Judge Kavanaugh’s other panels display a similar hostility to military personnel and evangelicals, and fail to apply law and precedent even-handedly. In re Navy Chaplaincy, 738 F.3d 425 (D.C. Cir. 2013), (1) changed the chaplains’ denominational preference claim to a “disparate treatment” claim they did not make which he denied for failure to show specific intent to discriminate; (2) denied a challenge to CHC promotion procedures that for 38 years produced consistently higher promotion rates for Catholic chaplains not explainable by chance when compared with plaintiffs’ denominations because the promotion rate differences were not “stark”; (3) requires evidence of discriminatory intent to prove a denominational preference claim; and (4) ignored evidence one selection board member anonymously voting “zero” could destroy a chaplain’s career contrary to well-settled law, see voting machine at Exhibit 2. This decision led to the 8/30/18 denial of the chaplains’ claims the CHC’s 54 year practice of having one Catholic on every selection board and one board member’s power to veto any candidate violated the Establishment Clause.
I’ve made this information available to both Democrat and Republican senators. I’ve been surprised by the Democrats’ deafening silence although they claim to be looking for a case to show Judge Kavanaugh would not be a fair justice who follows the law. Not serious about defeating his nomination or deception based on their belief you will not change Kennedy’s legacy?
Something I believe is quite telling and reasons for concern about judge Kavanaugh, he is a Catholic Jesuit same as Pope Francis. I have been praying against his nomination, asking in prayer that God would put in the man he wants, that will rebuild our nation under God and not a priest.