More than Kavanaugh, this is for November

The Democrats insist that the confirmation proceedings surrounding Brett Kavanaugh are not a trial. They could not be more wrong. But it’s not a trial of Brett Kavanaugh. This is the trial of the Republican Party writ large. That’s why I went against the grain of many of those on my side of this issue to call for an FBI investigation even before Sen. Jeff Flake did. This is seen as capitulation by many. In actuality it’s a necessary step toward justice.

By noon on the day of the infamous dueling testimony of Dr. Christine Ford and Judge Brett Kavanaugh it was clear Kavanaugh’s nomination had taken a torpedo under the water line. To simply ignore Dr. Ford’s testimony or hope its impact would subside was folly. Her testimony was compelling. That’s not to say that the events as she described them were believable, but she, herself, was. How can that be? How can someone be lying and simultaneously believable? There are multiple explanations.

Some believe that something traumatic happened to Dr. Ford. Could it be something really did happen? If so, how could she so vividly remember the details of the layout of the inside of the house yet have no idea where the house was? I haven’t given up on the theory of false memory syndrome. We may never know. The inconsistencies of her testimony, however, did not erase the doubt about Brett Kavanaugh in many people’s minds.

Kavanaugh’s testimony was equally compelling. The left attacked him for being so forceful, but if you had been accused of the atrocious crimes he was accused of you would lash out too. Kavanaugh’s testimony may have tilted public opinion back toward him, but it did not undo the damage that had been done that morning by Dr. Ford’s testimony. So why is public opinion so important? Because this is not just about another seat on the Supreme Court. This is about November. And that’s why Republicans should not only have welcomed an FBI investigation, they should have insisted on one.

You lawyers know testimonial damage when you see it. Kavanaugh took a direct hit, and thus so did the Republican Party. When such damage is done you don’t simply clean up the debris and move on, you have to repair the damage.

What will an FBI investigation accomplish? If you’re a Republican you hope it accomplishes two things. First, it must corroborate what the Senate Judiciary Committee already uncovered. That being that Dr. Ford has one memory of the night in question, the witnesses she identified have an entirely different account. In other words, it’s not he said/she said, it’s she said/they said. The second thing the Republicans hope to accomplish is to get the FBI’s seal of approval stamped on the facts as we know them. Peter Strzok notwithstanding, the majority of Americans still have a tremendous amount of faith in the FBI.

The Democrats already are learning this can blow up in their faces. A recent poll in Missouri shows half the voters are now less likely to re-elect Democrat Claire McCaskill because of her opposition to Judge Kavanaugh. Her GOP opponent has slipped ahead by two points. In Tennessee, senate candidate Phil Bredesen is afraid to take a side. This is not quite going as the Democrats had envisioned.

If Republicans allow Lindsey Graham to make a point-by-point presentation of the FBI’s findings to the Senate just prior to the vote then this thing’s over. If several Democrats end up voting in favor of Judge Kavanaugh’s confirmation then so, perhaps, is November.

Phil Valentine is the host of the award-winning, nationally syndicated talk radio show, The Phil Valentine Show.

Settling the impeachment question once and for all

Back during the Bill Clinton impeachment I was trying to cut through all the noise of whether what Clinton did was actually an impeachable offense. While everyone was debating it on television I actually went to the Department of Justice sentencing guidelines and looked it up. I knew that treason and bribery were specifically listed in the Constitution as impeachable offenses. It made sense to me that if perjury or suborning perjury were more serious than either of those then Clinton could be convicted. They both were. Bribery is a base offense level 8 in the sentencing guidelines. Perjury or subornation of perjury is a base offense level 14.

After pounding this on the air for several weeks I got a late-night phone call at home from then-Congressman Lindsey Graham. He was one of the House Managers charged with prosecuting Bill Clinton in the senate trial. He had heard about my theory and invited me to fly to Washington to address the House Managers. I did, and I explained that one only need look at what the Constitution specifically says is impeachable and then compare that with the Department of Justice Sentencing Guidelines to see if they have a case.

Despite the obvious, they assigned one of the lawyers assisting in the case to study it. By this point the impeachment trial had started. I had a ringside seat in the Marble Room of the Senate as this drama played out. I got a call the night before what would turn out to be the last day. It was the House lawyer and a Florida congressman on a conference call. This was several days after I’d made my pitch to the House Managers. The lawyer announced with some surprise that I was right. The congressman on the phone said he’d be making the point on the Senate floor the following day. 

I watched the next morning with great anticipation. This stood to be a historic moment. The congressman was given the floor and launched into some flowery pronouncement about the geese landing on the Lincoln Memorial Reflecting Pool and the journey that had taken them to this moment. Before I knew it, he had droned on so long that his time had expired and he never made the point about the sentencing guidelines. Senator Trent Lott appeared in the Marble Room to announce to the House Managers that the trial was over. The Senate voted and, as you know, they fell short of the votes needed to convict.

Why do I tell you all of this now? Because the very same logic can be used to determine if anything President Trump has done is an impeachable offense. The lowest rung in the Constitution is bribery. As you now know, bribery has a base offense level of 8. What we’re hearing from the left is Mueller is going to charge the president with obstruction of justice. What exactly is that? Sentencing guidelines aren’t clear. Most suggest that obstruction is an aggravating circumstance to another crime. In other words, if you bribe someone then obstruct the investigation the guidelines say you should add another 2 levels. The best I can tell, obstruction of justice by itself is a base offense level 3.

Logic would dictate that there has to be an underlying crime for the president to even commit obstruction of justice. Since there’s no indication that he’s obstructing an investigation into his own crimes then the highest level for his obstruction would be a 3. That falls far short of an impeachable offense. But don’t tell the Never Trumpers.

Phil Valentine is the host of the award-winning, nationally syndicated talk radio show, The Phil Valentine Show.

Mitch McConnell is the problem

If you are a fiscal conservative like me I’m sure you share my frustration with the latest budget that was passed by a Republican Congress and signed by a Republican president. Not to give President Trump too much of a pass, but he was obviously frustrated when he signed it. He did so, he says, because the six-month budget gets much-needed funding to the military.

What’s disturbing is the glee which Chuck Schumer and Nancy Pelosi took in voting for the bill. Any time those two are happy it’s a sure bet it’s a bad deal for America. But just who is to blame?

Many point to Speaker Paul Ryan who reached across the aisle to pass a bipartisan piece of legislation. Bipartisan sounds nice and fuzzy but it’s code for capitulation. The Republicans were sent to Washington to drain the swamp and stop the reckless spending. They failed miserably. And there’s one reason why. Mitch McConnell.

The senate majority leader has refused to kill the ridiculous filibuster rule. This is the arcane senate rule that allows the majority to threaten a filibuster and it takes sixty votes to override it. The minority never really has to actually filibuster. They just have to threaten to. Proponents of this insane rule claim that if the Democrats take control of the Senate they’ll dispense of it to pass their agenda if the Republicans do it to them. Fox News Alert: They’re going to ditch that rule the first time it gets in their way no matter what the Republicans do now.

Despite the spin from both parties, the filibuster super majority is not constitutional. The Constitution only requires a senate super majority when voting on impeachment, expelling a member of Congress, overriding a presidential veto, ratifying treaties, and proposing constitutional amendments. Requiring a three-fifths vote to stop a filibuster was a rule change in 1806, and even then was infrequently used until 1970. That’s when the Senate adopted the so-called “two-track” procedure intended to keep the filibuster from derailing all Senate business. It didn’t take too long before the actual filibuster itself became a mere formality and the Senate became a 60-vote institution.

McConnell and the Republicans changed the rule to exclude Supreme Court nominations. That’s after Harry Reid and the Democrats changed the rule to eliminate the filibuster on executive branch and judicial nominees. So it can be eliminated. McConnell just doesn’t want to.

Why?

My suspicion is McConnell actually wants a lot of the spending the Democrats want. Remember, McConnell is part of the swamp. This guy has become filthy rich thanks to the communist Chinese. As Peter Schweizer chronicles in his new book, Secret Empires, McConnell’s in-laws have deep financial ties to the Chinese government. China’s largest defense contractor set Elaine Chao’s family up in the shipping business. Elaine Chao is McConnell’s wife. She’s also the transportation secretary. Schweizer says McConnell’s father-in-law became filthy rich and gifted the senator between five and twenty-five million dollars.

Sounds rather swampish, doesn’t it?

What do you want to bet that an ordinary citizen like you or me wouldn’t get that sort of sweetheart deal from the Chinese government?

Trump’s tariffs on China are bound to be driving McConnell’s Chinese handlers crazy. Neither McConnell nor his wife seem to have any sway over the president on that issue. The Democrats focus on Russia but there is no doubt that China is the most dangerous country on Earth. And they have made our Senate Majority leader a multimillionaire. Can you say conflict of interest?

Phil Valentine is the host of the award-winning, nationally syndicated talk radio show, The Phil Valentine Show.

Roy Moore case proves scandals are all politics

The Roy Moore controversy should be time for all of us to do a little soul searching. Whether it’s Bill Clinton or Roy Moore, guilt seems to be related to political affiliation. Remember all of those Democrats rallying at the White House during Clinton’s impeachment? Al Gore claimed his boss would go down in history as one of our greatest presidents.

The impeachment wasn’t directly about sexual misconduct. It was about lying under oath about his relationship with Monica Lewinsky. “It depends upon what the meaning of the word ‘is’ is.” Remember? Clinton was being accused of sexual harassment against Paula Jones. Later Juanita Broaddrick came forward to say she was raped by Clinton. Still didn’t matter to the die-hard Clintonistas. Ultimately, he was never removed from office, and the accusations against him were certainly much more serious than those against Roy Moore.

Now the shoe’s on the other foot. Republicans find themselves in the unenviable position of defending a man who by all accounts was downright creepy. Dating 16 and 17-year-olds when you’re 32 might not be illegal in Alabama (the age of consent is 16) but it’s certainly worrisome. Reports from Gadsden suggest Moore may have been banned from the local mall during that period for trying to pick up teenage girls.

There are two more serious allegations, one involving heavy petting with a 14-year-old and sexual assault of a 16-year-old. Were these able to proven there would be no doubt that Moore should be disqualified from serving in the U.S. Senate. Even though the statute of limitations has run on those two incidents, the Senate would have cause not to seat.

But there is no proof, at least not at this writing. We all have our feelings about what may have happened. Our feelings are not relevant when it comes to the upcoming special senate election in Alabama. In fact, nobody’s opinion matters outside of those in the state who will have to choose.

I would hope we would all learn a lesson from this incident and develop some consistent standards when it comes to public officials, but I doubt that’s going to happen. My position has been to evaluate the evidence and make a determination based on facts. The Clinton impeachment was pretty straight forward. There’s no doubt that the president lied under oath, a clearly impeachable offense. The Constitution calls for impeachment in cases of “treason, bribery, or other high crimes and misdemeanors.” Bribery is a level 8 crime, according to the Department of Justice sentencing guidelines. Perjury, what Clinton was accused of, is a level 14 crime. I tried to explain all this to Lindsey Graham and the other House managers prosecuting the impeachment trial back in 1999 but that’s another story. Clinton subsequently lost his law license for essentially lying under oath.

Even to this day Democrats stand behind Bill Clinton, an indication that politics matters more than the truth.

When evaluating Roy Moore’s guilt or innocence one cannot ignore the timing. These accusations were from 40 years ago. Where have these women been? I’ve heard the excuse that they didn’t feel compelled until he was running for the Senate. Then where were they back in September when he was battling Luther Strange for the nomination? It seems rather curious that all of these accusations come a month before the special election when it’s too late to change the ballots. And hiring celebrity ambulance chaser Gloria Allred also sends up red flares. 

The people of Alabama will decide. And that should be the final word.

Phil Valentine is the host of the award-winning, nationally syndicated talk radio show, The Phil Valentine Show.