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vlyons

(10,252 posts)
Sun Oct 4, 2020, 04:00 PM Oct 2020

How to question Judge Barrett -- it's brilliant

This appeared on my FB feed --

"Don’t know who this came from, but it’s bloody brilliant! (Reported to have come from Bill Svelmoe on FB.)
If Democrats do attend the hearings, they should not focus on Barrett's views on any future cases. She'll just dodge those questions anyway. They're hypothetical. She should dodge them. Don't even mention her religion. Instead Democrats should focus on the past four years of the Trump administration. This has been the most corrupt administration in American history. No need for hypotheticals. The questions are all right there.

“Judge Barrett, would you please explain the emoluments clause in the Constitution. [She does.] Judge Barrett, if a president were to refuse to divest himself of his properties and, in fact, continue to steer millions of dollars of tax payer money to his properties, would this violate the emoluments clause?” Then simply go down the list of specific cases in which Trump and his family of grifters have used the presidency to enrich themselves. Ask her repeatedly if this violates the emoluments clause. Include of course using the American ambassador to Britain to try to get the British Open golf tournament at a Trump property. “Judge Barrett, does this violate the emoluments clause?”

Then turn to the Hatch Act. “Judge Barrett, would you please explain the Hatch Act to the American people. [She does.] Judge Barrett, did Kellyanne Conway violate the Hatch Act on these 60 occasions? [List them. Then after Barrett's response, and just fyi, the Office of the Special Council already convicted her, ask Barrett this.] When Kellyanne Conway, one of the president's top advisors openly mocked the Hatch Act after violating it over 60 times, should she have been removed from office?”
Then turn to all the other violations of the Hatch Act during the Republican Convention. Get Barrett's opinion on those.

Then turn to Congressional Oversight.
“Judge Barrett, would you please explain to the American people the duties of Congress, according to the Constitution, to oversee the executive branch. [She does so.] Judge Barrett, when the Trump administration refuses time and again [list them] to respond to a subpoena from Congress, is this an obstruction of the constitutional duty of Congress for oversight? Is this an obstruction of justice?”

Then turn to Trump's impeachment.
Read the transcript of Trump's phone call. “Judge Barrett, would you describe this as a ‘perfect phone call’? Is there anything about this call that troubles you, as a judge, or as an American?”

“Judge Barrett, would you please define for the American people the technical definition of collusion.” [She does.] Then go through all of the contacts between the Trump administration and Russians during the election and get her opinion on whether these amount to collusion. Doesn't matter how she answers. It gets Trump's perfidy back in front of Americans right before the election.
Such questions could go on for days. Get her opinion on the evidence for election fraud. Go through all the Trump "laws" that have been thrown out by the courts. Ask her about the separation of children from their parents at the border. And on and on and on through the worst and most corrupt administration in our history. Don't forget to ask her opinion on the evidence presented by the 26 Trump accusers. “Judge Barrett, do you think this is enough evidence of sexual assault to bring the perpetrator before a court of law? Do you think a sitting president should be able to postpone such cases until after his term? Judge Barrett, let's listen again, shall we, to Trump's "Access Hollywood" tape. I don't have a question. I just want to hear it again. Or maybe, as a woman, how do you feel listening to this recording? Let's listen to it again, shall we. Take your time.”

And finally: "Judge, why did you bring your seven unmasked children to a superspreader event in the Rose Garden?”

Taking this approach does a number of things:
1. Even if Barrett bobs and weaves and dodges all of this, it reminds Americans right before the election of just how awful this administration has been.

2. None of these questions are hypothetical. They are all real documented incidents. The vast majority are pretty obvious examples of breaking one law or the other. If Barrett refuses to answer honestly, she demonstrates that she is willing to simply be another Trump toady. Any claims to high moral Christian character are shown to be as empty as the claims made by the 80% of white evangelicals who continue to support Trump.

3. If she answers honestly, as I rather suspect she would, then Americans get to watch Trump and his lawless administration convicted by Trump's own chosen justice.
Any of these outcomes would go much further toward delegitimizing the entire Republican project than if Democrats go down the typical road of asking hypothetical questions or trying to undermine her character.
Use her supposed good character and keen legal mind against the administration that has nominated her. Let her either convict Trump or embarrass herself by trying to weasel out of convicting Trump. Either way, it'll be great television.

43 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
How to question Judge Barrett -- it's brilliant (Original Post) vlyons Oct 2020 OP
I agree, Brilliant! They MUST see this Iwasthere Oct 2020 #1
Brilliant, hope this will come true. katmondoo Oct 2020 #2
I like it. I like it a lot. Paint her into a corner. Midnight Writer Oct 2020 #3
Double K&R Blue Owl Oct 2020 #4
Send this to Kamala, immediately. nt Boogiemack Oct 2020 #5
Kick for an excellent idea stopwastingmymoney Oct 2020 #6
Not My Texas Senators... Deacon Blue Oct 2020 #7
Nice! Roland99 Oct 2020 #8
Excellent! I hope to see it in action. nt LAS14 Oct 2020 #9
Indeed BigOleDummy Oct 2020 #10
That is great! MyOwnPeace Oct 2020 #11
Someone needs to tweet this to the Judicial Committee Dems Soph0571 Oct 2020 #12
I emailed it to Harris vlyons Oct 2020 #14
Bloody marvellous! n/t Soph0571 Oct 2020 #18
Great! ancianita Oct 2020 #20
Very good. Thanks. panader0 Oct 2020 #22
Beat me to it. Thanks. lamp_shade Oct 2020 #23
Here's a previous thread on this which has attribution: JHB Oct 2020 #13
I agree, brilliant onethatcares Oct 2020 #15
Is there anything keeping McConnell from limiting the time each Senator has to ask questions? Mr.Bill Oct 2020 #16
That is brilliant allnews Oct 2020 #17
Also ask her about the 12th amendment. MRDAWG Oct 2020 #19
if these cases are currently in court or under investigation NJCher Oct 2020 #21
She will dodge every one of them. Grins Oct 2020 #24
A Bill Zumstein posted this on Facebook; was sent to me - here is the guy below: firstwife Oct 2020 #25
Excellent idea. muntrv Oct 2020 #26
Yes! DemUnleashed Oct 2020 #27
Not brilliant. The author has obviously never seen a confirmation hearing FBaggins Oct 2020 #28
Let her decline to answer - so what FakeNoose Oct 2020 #37
I'm going with briliant Bobstandard Oct 2020 #39
I agree . . . it's fucking brilliant! . . . just lay the whole mess out for all to see . . . OneBlueSky Oct 2020 #41
Bravo!! Hulk Oct 2020 #29
It took a lot of prodding on my part to help get this up on DU. Firestorm49 Oct 2020 #30
And Judge Barrett, as a devout Catholic and someone steeped in the need for Justice..... Mustellus Oct 2020 #31
Yes, yes, yes!! mountain grammy Oct 2020 #32
Please!! SweepPicker Oct 2020 #33
Another Question OhioTim Oct 2020 #34
Ask about her judgment in agreeing to go along with the super spreader event. Crunchy Frog Oct 2020 #35
Excellent. One caveat: IIRC, she brought 5 of her 7 children... dchill Oct 2020 #36
Ask her about "depraved-heart murder" vlyons Oct 2020 #38
So, Amy ... GeorgeGist Oct 2020 #40
She. Will. Lie. Bettie Oct 2020 #42
Maybe, but I think she has more integrity than Boofer Boy FakeNoose Oct 2020 #43

Midnight Writer

(21,674 posts)
3. I like it. I like it a lot. Paint her into a corner.
Sun Oct 4, 2020, 04:08 PM
Oct 2020

If Trump sees her on TV taking the "wrong" view, he may even pull the nomination.

It was reported he nearly pulled the plug on Kavanaugh over some petty discrepancy.

Deacon Blue

(252 posts)
7. Not My Texas Senators...
Sun Oct 4, 2020, 04:24 PM
Oct 2020

Somehow John and Ted probably won’t take me up on this. And Ted holds himself out as a Serious Constitutional Scholar...

JHB

(37,149 posts)
13. Here's a previous thread on this which has attribution:
Sun Oct 4, 2020, 04:59 PM
Oct 2020
https://www.democraticunderground.com/100214153695

Thanks to Bill Svelmoe on facebook who wrote this on Sept. 27 about nominee Amy Comey Barrett
And to the Facebook Group "Progressive Veterans and Military Families"
***

Mr.Bill

(24,217 posts)
16. Is there anything keeping McConnell from limiting the time each Senator has to ask questions?
Sun Oct 4, 2020, 05:08 PM
Oct 2020

Or for that matter, not allowing any questions at all? Sort of like not allowing any witnesses at a Senate impeachment trial. I have no doubt he would do that if he could.

NJCher

(35,606 posts)
21. if these cases are currently in court or under investigation
Sun Oct 4, 2020, 05:23 PM
Oct 2020

can't she say she is unable to comment because it's presently in litigation/under investigation?

I like the strategy as it has an upside, but wonder if she might worm out of the questions citing the above.

Grins

(7,179 posts)
24. She will dodge every one of them.
Sun Oct 4, 2020, 05:37 PM
Oct 2020

Because, as you wrote, “None of these questions are hypothetical.” They are cases that very likely WILL come before the court. And she will say, like every R nominee before, she can’t comment.

But it would be hats n’ horns to hear and watch her squirm and have her expound on the “Biden Rule”...!! And if it has no basis under the Constitution, could a judge be forced to step down.

firstwife

(115 posts)
25. A Bill Zumstein posted this on Facebook; was sent to me - here is the guy below:
Sun Oct 4, 2020, 05:42 PM
Oct 2020

Bill Svelmoe, associate professor of history at Saint Mary's College in Notre Dame has thoughts on the Senate confirmation hearing of Amy Coney Barrett as a Supreme Court justice.




DemUnleashed

(633 posts)
27. Yes!
Sun Oct 4, 2020, 05:53 PM
Oct 2020

Excellent, Excellent, Excellent!!! And having the public hear these questions will really hit home as to how corrupt this administration really is!!

FBaggins

(26,714 posts)
28. Not brilliant. The author has obviously never seen a confirmation hearing
Sun Oct 4, 2020, 05:56 PM
Oct 2020

They don't just dodge "hypothetical" questions. The so-called "Ginsburg Rule" is that they won't answer questions about topics that could reasonably be expected to come before them as a judge. If you have a list of things that the Trump administration has done that you think are illegal... but haven't already been adjudicated by SCOTUS... she'll decline to opine

The clearest lines for questioning are her actual rulings/dissents from the last three years. Particularly if any of them were overturned or (if a dissent) were upheld by a SCOTUS majority.

FakeNoose

(32,535 posts)
37. Let her decline to answer - so what
Sun Oct 4, 2020, 07:02 PM
Oct 2020

Just by asking the questions, in detail, the Democratic Senators have the chance to lay out many of the sins of Chump and his staff. Whether Judge Barrett answers or not, it's clear what this Administration is guilty of, and so many voters will be listening. For all we know, Chump may withdraw her name as a candidate after that.

This is a brilliant strategy.


Bobstandard

(1,289 posts)
39. I'm going with briliant
Sun Oct 4, 2020, 11:26 PM
Oct 2020

Republicans in the Senate will conform no matter what comes out in the hearings. So its theatre, and it’s theatre that our side should use to show how venal and hypocritical the repthugican side is.

OneBlueSky

(18,536 posts)
41. I agree . . . it's fucking brilliant! . . . just lay the whole mess out for all to see . . .
Mon Oct 5, 2020, 02:03 PM
Oct 2020

and as part of the confirmation hearings, it'll be in the written record forever . . . do it! . . .

 

Hulk

(6,699 posts)
29. Bravo!!
Sun Oct 4, 2020, 06:05 PM
Oct 2020

I hope the senators are reading.

Why ask hypotheticals, that she will only either lie about or avoid answering.

This IS BRILLIANT! They have the power to install Satan if they so chose. At least we can expose their corruption and her future hypocrisy.😈

Mustellus

(328 posts)
31. And Judge Barrett, as a devout Catholic and someone steeped in the need for Justice.....
Sun Oct 4, 2020, 06:16 PM
Oct 2020

... what did you do to try to stop the mass rape of children by Catholic Priests....

OhioTim

(256 posts)
34. Another Question
Sun Oct 4, 2020, 06:39 PM
Oct 2020

She won't answer, but.."As an attorney, does it bother you to be nominated by a criminal".

Crunchy Frog

(26,574 posts)
35. Ask about her judgment in agreeing to go along with the super spreader event.
Sun Oct 4, 2020, 06:41 PM
Oct 2020

It was held in her honor, and she could have said that she was not okay with an event where there were no precautions.

vlyons

(10,252 posts)
38. Ask her about "depraved-heart murder"
Sun Oct 4, 2020, 08:16 PM
Oct 2020

Judge Barrett, what is your understanding of "depraved-heart murder," sometimes called depraved indifference murder? Would you agree that depraved heart murder is a form of murder that establishes that the wilful doing of a dangerous and reckless act with wanton indifference to the consequences and perils involved is just as blameworthy, and just as worthy of punishment, when the harmful result ensues as is the express intent to kill itself? Would you agree that telling people that the Covid-19 virus is a hoax constitutes depraved indifference, when one knows that it is highly airborn contagious and potentially lethal?

Bettie

(16,052 posts)
42. She. Will. Lie.
Mon Oct 5, 2020, 02:05 PM
Oct 2020

At best she won't give any answers at all.

But these people have no problem lying about anything and everything in order to do the bidding of their masters.

FakeNoose

(32,535 posts)
43. Maybe, but I think she has more integrity than Boofer Boy
Mon Oct 5, 2020, 02:09 PM
Oct 2020

It's possible she doesn't even know how Chump's administration has damaged this country. But if she doesn't know, how does that make her qualified to sit on the Supreme Court?


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