The Judge and the Flake

At the 11th hour (and 58 minutes) Sen. Jeff Flake asks to wait another week for the FBI to investigate the charges against Judge Brett Kavanaugh. Jon and Stephen discuss the state of play for the SCOTUS nominee and the emotional statements of the judge and his accuser.

The intro/outro song is “Teenage FBI” by Guided by Voices. Jon’s song of the week is “Elevator Teeth/On and On” by Metz. Stephen’s song of the week is “Clay Pigeons” by Blaze Foley. To listen to all the music featured on The Conservatarians, subscribe to our Spotify playlist!

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There are 10 comments.

  1. HeavyWater Inactive

    You are so right. There’s plenty of time to panic. So, why do it now?

    • #1
    • September 28, 2018, at 5:20 PM PDT
  2. Nerina Bellinger Member

    I’ve been waiting and waiting for this podcast…

    • #2
    • September 28, 2018, at 6:30 PM PDT
  3. Richard Easton Member

    Who in their right mind would talk to the FIB. General Flynn was forced to plead guilty of lying to the FIB lest he be impoverished and his son became a target. James Clapper lies to Congress and nothing happens to him. Judge Kavanaugh leads an exemplary life and is dragged through the mud. I plead guilty to having contempt of Congress. Good show BTW.

    • #3
    • September 28, 2018, at 6:38 PM PDT
  4. OccupantCDN Coolidge

    Richard Easton (View Comment):

    Who in their right mind would talk to the FIB. General Flynn was forced to plead guilty of lying to the FIB lest he be impoverished and his son became a target. James Clapper lies to Congress and nothing happens to him. Judge Kavanaugh leads an exemplary life and is dragged through the mud. I plead guilty to having contempt of Congress. Good show BTW.

    What would an FBI investigation accomplish (other than as a stalling tactic?) ?

    There is no DNA to contaminate, no finger prints – actually no crime scene, no timeline to establish an alibi.

    Her accusation would actually make more sense if you where to replace Judge Kavanaugh with “Alien abduction” .




    • #4
    • September 28, 2018, at 10:31 PM PDT
    • 1 like
  5. George Townsend Member

    While I usually agree with Jon more than not, I think he is wrong this time. I would have agreed with him if I heard this when Flake did it. Matter of fact, I made a post, saying how upset I was at this. But I’ve reconsidered. I still don’t think I would have done it. But I now I realize it was a prudential judgement, trying to insure that people would realize that everyone that could be done, regarding this idiotic claim, has been done. We specially have to insure that the two ladies (from Maine and Alaska) vote the right way. That is what counts, isn’t it? We have to insure that Kavanaugh is confirmed, for the sake of country.

    Now, I bow to Jon’s knowledge of Flake. I haven’t even been to Arizona, must less lived there. But forget about it was Flake that made this proposal. Will it advance confirmation? I think it is more than sad that it has come to this. But I think the question of advancement of confirmation is in the affirmative. And that is what matters.

    • #5
    • September 29, 2018, at 7:23 AM PDT
  6. Eugene Kriegsmann Member

    I am usually not a Stephen Miller fan, but today’s podcast made him a real star. What Stephen does in this session is to lay out the circumstantial evidence against the Democrats on the committee which shows that this assault on Kavanaugh was planned and executed from the beginning. Feinstein keeping the letter under wraps, the providing of lawyers and, likely, paying for the lie detector, and the unanimity of the party in their determination to keep Trump from getting another conservative justice on the court by creating endless delays is completely transparent. Stephen’s commentary connected all of the dots. Ford, in my opinion, is a sick woman who has some terrible memories which may or may not be based in reality. Those memories have been reinforced by the provided lawyers while they manipulate the system, not for Ford’s benefit, but, rather, for their real employers, Feinstein and her cohorts. I don’t usually buy into conspiracy theories, but this one has the unusual quality of seeming irrefutable. I only wish that the FBI would investigate Feinswine and her co-conspirators.

    • #6
    • September 29, 2018, at 8:18 AM PDT
    • 1 like
  7. HeavyWater Inactive

    Here’s my question after listening to Ford being questioned by Rachel Mitchell.

    Did Ford not know that the Senate was willing to send investigators to California instead of having Ford fly to Washington DC?

    During the Mitchell-Ford back and forth, Ford said the she was unaware of Grassley’s offer to fly committee investigators to California but that she would have hosted them.

    There are two reasons why this makes no sense. One is that her attorneys should have told her and given her that as an option. Of course, these are partisan attorneys and could have decided to prevent her from knowing that this option was available.

    But if Christine Ford had simply read a few news stories on the internet, she would have learned that Grassley was offering this option to her and so she would not have had to fly to Washington DC.

    So, one wonders if Ford is really being manipulated by her attorneys or if she views these attorneys as allies in the feminist struggle to take down Kavanaugh. The later seems more plausible. 

    Now, she might have convinced herself that Kavanaugh assaulted because she wants to believe this because this would provide another reason to oppose Kavanaugh. So, technically, she might not be lying.

    But the more one looks at her testimony and the inconsistency of her previous statements, she isn’t as honest as we have been lead to believe.

    • #7
    • September 29, 2018, at 8:58 AM PDT
    • 1 like
  8. Jerry Giordano (Arizona Patrio… Member

    A small technical correction. Miller is incorrect in stating that Feinstein sat on the Blasey-Ford letter for “over two months.” It was more like 6 weeks. Let’s not let the other side accuse us of “lying” based on minor miscalculations like this.

    • #8
    • September 29, 2018, at 9:33 AM PDT
    • 1 like
  9. Jerry Giordano (Arizona Patrio… Member

    Another technical correction, but a more important one.

    Testimony is evidence. Repeat this ten times. This is a matter of law.

    Here is a typical jury instruction on evidence, from what we call the RAJI (Civil) 4th, which stands for Revised Arizona Jury Instructions, for civil cases, 4th edition. This is Preliminary Instruction 3:

    You will decide what the facts are from the evidence presented here in court. That evidence will consist of testimony of witnesses, any documents and other things received in evidence as exhibits, and any facts stipulated, or agreed to, by the parties or which you are instructed to accept.

    You will decide the credibility and weight to be given to any evidence presented in the case, whether it be direct evidence or circumstantial evidence.

    Direct evidence is a physical exhibit or the testimony of a witness who saw, heard, touched, smelled or otherwise actually perceived an event. Circumstantial evidence is the proof of a fact from which the existence of another fact may be inferred. You must determine the weight to be given to all the evidence without regard to whether it is direct or circumstantial.

    The idea that testimony is not evidence seems to be a fairly common misunderstanding among non-lawyers.

    • #9
    • September 29, 2018, at 10:32 AM PDT
    • 1 like
  10. Joe D. Lincoln

    I figured Cory Booker would show up in a gladiator outfit.

    • #10
    • October 3, 2018, at 7:00 AM PDT
    • Like