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Brett Kavanaugh’s Character Witnesses: Ken Starr, Bill Shine, and Donald Trump

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Over the last week, some pretty curious character witnesses have come out to insist that Brett Kavanaugh is a nice man who would never sexually assault someone else.

First, there’s Ken Starr, who judged that Christine Blasey Ford had had her opportunity to come forward and had not done so, and so “the matter has adjourned.”

As someone who’s interested in process and fairness, obviously any allegation of this nature is an unfortunate serious allegation, but to be honest, I was outraged about the timing, as well as the process, that the letter, about something long ago, was in the hands of — you covered it very well — of the Democrats in July, and yet there is nothing done about this. I just think it’s too late for there to be any serious consideration at this stage. The matter has adjourned. You had your opportunity to come forward and you failed to do that year after year after year.

Starr was forced to resign as president of Baylor University in 2016 for his role in covering up sexual assault committed by members of the football team. The report that led to his firing specifically talked about a culture of victim-blaming on behalf of administrators.

In addition, the investigations were conducted in the context of a broader culture and belief by many administrators that sexual violence “doesn’t happen here.” Administrators engaged in conduct that could be perceived as victim-blaming, focusing on the complainant’s choices and actions, rather than robustly investigating the allegations, including the actions of the respondent.

Then, yesterday, Bill Shine said that the White House stands by Kavanaugh 100%.

“We stand behind Judge Kavanaugh 100 percent,” Bill Shine, deputy WH chief of staff for communications, told us a few minutes ago in the Rose Garden. He did not say whether Kavanaugh should testify alone on Monday.

Shine was forced to resign from Fox News in 2017 after he was accused of attacking the victims of Roger Ailes’ sexual harassment.

In a case settled in December (the dollar figure is under wraps), Shine was accused of retaliating against a woman who declined to have a sexual relationship with Ailes. In another lawsuit, a woman who complained to Shine about Ailes’ behavior said he told her that he was “a very powerful man” and that she “needed to let this one go.” A third woman, who said she was psychologically tortured by Ailes for 20 years, was, at one point sent to live in a hotel for six weeks where senior leaders at Fox could “monitor” her. She claims that Shine reviewed all of her emails, which he denies.

Finally, this morning, Donald Trump joined in, both defending Kavanaugh’s honesty and (echoing Starr’s line) suggesting that because Ford didn’t file a police report, the attack must not have happened.

This defense of an alleged abuser mirrors the ones Trump made for Rob Porter, in which he complained that mere allegations shattered his life before hailing the good job he did at the White House.

We found out about it recently, and I was surprised by it, but we certainly wish him well, and it’s a tough time for him. He did a very good job when he was in the White House, and we hope he has a wonderful career, and he will have a great career ahead of him. But it was very sad when we heard about it, and certainly he’s also very sad now. He also, as you probably know, says he’s innocent, and I think you have to remember that. He said very strongly yesterday that he’s innocent, so you have to talk to him about that, but we absolutely wish him well. He did a very good job when he was at the White House.

According to Bob Woodward’s book (which relied heavily on Porter as a source), Kavanaugh recommended Porter for his old position as Staff Secretary.

And also the defense he mounted for Roy Moore, where he emphasized Moore’s denials even while continuing to campaign for him.

“He denies it. Look, he denies it,” Trump said of Moore. “If you look at all the things that have happened over the last 48 hours. He totally denies it. He says it didn’t happen. And look, you have to look at him also.”

To be sure, with Kavanaugh there’s no hint of serial abuse, as there was when Trump took the side of both Porter and Moore. Which is why Republicans should be really cautious about who comes out in defense of Kavanaugh. Because his character witnesses damn him as much as his unconvincing denials.

Sean Hannity Cries Himself A River

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There has been a lot of upheaval at Fox News lately. Gretchen Carlson went nuclear on Ailes and the misogynistic rapey culture that Fox cultivated over decades, and nothing has been the same there since.

That is a good thing. It may have been a limited, even if loud start, but Carlson initiated ripples in the Murdoch empire that could not be easily contained, even with the ample crisis suppression talents of hired liar Ted Wells and his firm, Paul Weiss. The once closed barn door was open, and all horses and carts were suddenly out.

The Murdoch cabal, give them an iota of credit, realized the situation….kind of, and cut bait with Ailes in record speed for a bigly man that supposedly was untouchable and was a bff of Trump.

Probably motivated by Rupert’s sons, James and Lachlan, but still correct, even if horribly behind the curve of human decency and sexual harassment law. But so much has happened since Gretchen Carlson cooked the supposed golden goose, Roger Ailes, that common lore held responsible for all the Fox News golden eggs.

Whatever the impetus, Roger Ailes was summarily dismissed when obviously necessary. The Murdochs and Fox News probably thought that might contain the exposure of their decades long belligerent misogyny. But, no, then came the claims against Bill O’Reilly. An odious asshole every bit as despicable as Ailes. And one known as exactly that since the Andrea Makris out of court settlement over O’Reilly’s loofah phone fetishes back in 2004.

Instead, Fox not only kept O’Reilly until they could no longer, they kept Ailes Number Two, Bill Schein and attendant protective underlings in place. Until they no longer could. That started today with Schein’s ouster. And Hannity is floating like an overboard deck chair in the seas away from the Titanic, away from the mothership. (Killer graphic by the one and only Darth – click to enlarge!). But the suddenly disposable Sean Hannity deck chair is drifting away from the ignorant and misogynistic shipwreck he helped perpetuate all these years.

In any normal corporation, especially such a public facing one like Fox News, they would have culled the problems out immediately after the Ailes embarrassment. But not Fox. Oh no. Instead, Fox and Fox News allowed O’Reilly and Sean Hannity to bellow with umbrage about the public admissions of their owners of misogyny and bigotry. Fox, as a company, had not learned their lesson going back to Andrea Makris in 2004, nor insured that their precious bought and paid for “talent” did.

But now the Murdoch sons, James and Lachlan, are protecting the family name by cleaning up their father’s idiocy at warp speed in a way that the gel headed sons in the Trump family can only dream of. Today, the Murdochs the younger have outed Bill Schein. Via Digby, a quote from Andrew Kirell at Daily Beast:

Sean Hannity is looking to leave Fox News, according to sources, following the resignation of Fox News co-president Bill Shine officially on Monday.

Schein was Hannity’s long-time ally whom he personally recommended the network hire two decades ago to produce Hannity & Colmes.

So, cry me a river Sean Hannity you stuporous dolt. In recent days, Hannity warned it would be the “total end” of Fox News should Shine leave, and he rallied conservative activists to back him up.

Initially, insiders said, Hannity’s army of lawyers had hoped to discuss with Fox ways of protecting his 8-year-old primetime show, amid fears that Lachlan and James Murdoch—fresh off the ousting of Bill O’Reilly—were looking to push the network away from hard-right politics.

Yeah, good riddance. See ya, wouldn’t want to be ya, Sean. Go fuck yourself in hell.

[Okay, went with that version of Cry Me a River because it is sooo much better audio and video production wise than the one from Mad Dogs and Englishmen (with Leon Russell, of course) that I really envisioned.]

Shorter Roger Ailes: I’m Not a Kingmaker, I’m a Chairman-Maker

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Presumably as part of David Petraeus’ effort to rehabilitate his image, Bob Woodward obtained a tape of a discussion in which Fox News’ “Analyst” Kathleen McFarland passes on Roger Ailes’ April 2011 advice to Petraeus: if Obama doesn’t name him Chairman of the Joint Chiefs, Ailes instructed, he should quit and run for President.

When you listen to the tape, it seems clear Petraeus is getting the promises Ailes and Rupert Murdoch previously made to him on a tape he presumably knew was running. Note the way he leads the discussion in this passage.

Petraeus: He is. Tell him if I ever ran [laughs] but I won’t . . .

Q: Okay, I know. I know.

Petraeus: But if I ever ran, I’d take him up on his offer.

Q: Okay. All right.

Petraeus: He said he would quit Fox.

Q: I know. Look, he’s not the only one.

Petraeus: And bankroll it.

Q: Bankroll it? [Laughs]

Petraeus: Or maybe I’m confusing that with Rupert. No. [Laughter]

Q: I know Roger, he’s done okay, but . . . no, I think the one who’s bankrolling it is the big boss.

Petraeus: That might be it.

Q: Okay. The big boss is bankrolling it. Roger’s going to run it. And the rest of us are going to be your in-house.

Mind you, I’m not sure what Petraeus thought he was accomplishing by getting this on tape. It is not news, after all, that Republican hacks like Ailes wanted Petraeus to run. Nor is it news that Fox is a partian organization that would drop everything to back the right candidate. And a tape record that Murdoch promised to bankroll the unsullied Petraeus for President does not legally bind Murdoch to do the same for a now-shamed former General.

So while the tape and transcript are fun on a lot of levels, all they really does is confirm what we’ve long known about Ailes, Murdoch, and the publicity hound Petraeus.

Moreover, I’m far more troubled by the way McFarland discussed what she called gossip she has picked up from some former chiefs, purportedly repeating the White House’s fears, about Petraeus.

Q: Okay. But they think if you’re chairman, they can’t overrule you. They can’t go against whatever your advice is going to be, militarily. Plus, they have a Colin Powell problem. Where Colin Powell, very successful chairman, is everybody’s sort of rallying point to run for an office where there’s nobody that they think is — that the group can . . .

Petraeus: But of course he didn’t run.

Q: But he could have.

Petraeus: And he wouldn’t have. No.

Q: He could have. Politically, he could have. So they look at you and they think, how can we keep him quiet? We don’t want him out on the loose to potentially run in ’12, and we sure don’t want him in ’16. We’ll put him at the CIA, where he can speak publicly twice a year before an open session of Congress. No backgrounders to the press, no Sunday talk shows, no speeches, no nothing. Now, I’m throwing that out as gossip.

Mind you, McFarland attributes these beliefs to the White House via presumably retired officers, not Ailes. But it comes just after she has delivered Ailes’ instructions: take JCS or run for President.

Q: That’s not the question at this point. He says that if you’re offered chairman, take it. If you’re offered anything else, don’t take it, resign in six months and run for president. Okay?

So in addition to a purported media outlet (albeit one that solicited advice on its coverage) recruiting Petraeus to run for President, said media outlet first said that if Petraeus could get into a position where the White House “can’t overrule” him, he should stay in government.

Just minutes after relaying advice that he should stay if he were JCS Chair, McFarland stated that the value of having him at Chair is that the Commander-in-Chief could not overrule him.

For Fox, it seems, having their guy in charge is more important than maintaining civilian rule over the military.

When Woodward contacted Ailes about the conversation, Ailes downplayed McFarland’s actions, her position at Fox, and his own role.

In a telephone interview Monday, the wily and sharp-tongued Ailes said he did indeed ask McFarland to make the pitch to Petraeus. “It was more of a joke, a wiseass way I have,” he said. “I thought the Republican field [in the primaries] needed to be shaken up and Petraeus might be a good candidate.”

Ailes added, “It sounds like she thought she was on a secret mission in the Reagan administration. . . . She was way out of line. . . . It’s someone’s fantasy to make me a kingmaker. It’s not my job.” He said that McFarland was not an employee of Fox but a contributor paid less than $75,000 a year.

He wasn’t a kingmaker, Ailes said. Though it seems he was happy to play Chairman-Maker.

Roger Ailes to Be Indicted?!?

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Whoo boy. Think back to how loudly the mighty wurlitzer argued that Scooter Libby should not be indicted for lying. And imagine how much louder it will be if Roger Ailes–a cornerstone of Republican success–were indicted for telling Judith Regan to do the same?

That’s what Barry Ritholtz claims is about to happen.

Someone I spoke with claimed that Ailes was scheduled to speak at their event in March, but canceled. It appears that Roger’s people, ostensibly using a clause in his contract, said he “cannot appear for legal reasons.”I asked “What, precisely, does that mean?”

The response: “Roger Ailes will be indicted — probably this week, maybe even Monday.”

The NYT broke the underlying story on Thursday:

It was an incendiary allegation — and a mystery of great intrigue in the media world: After the publishing powerhouse Judith Regan was fired by HarperCollins in 2006, she claimed that a senior executive at its parent company, News Corporation, had encouraged her to lie two years earlier to federal investigators who were vetting Bernard B. Kerik for the job of homeland security secretary.

[snip]

Now, court documents filed in a lawsuit make clear whom Ms. Regan was accusing of urging her to lie: Roger E. Ailes, the powerful chairman of Fox News and a longtime friend of Mr. Giuliani. What is more, the documents say that Ms. Regan taped the telephone call from Mr. Ailes in which Mr. Ailes discussed her relationship with Mr. Kerik.

Frankly, I’m skeptical. After all, Obama’s DOJ doesn’t like to indict any MOTUs. Besides, they’re too busy trying to prevent Scott Bloch from doing any time for having lied to Congress. And to think his DOJ (presumably former Chuck Schumer aide Preet Bharara, who is US Attorney for SDNY) would indict one of the most important players in the Republican party?

I doubt it.

But just on the off chance it’s true, I’m popping popcorn.

Update: It seems, they’d have a hard time indicting for the request that she lie itself: that took place in 2004, and presumably the statute of limitations would have expired in 2009. It’d be hard to say no one knew about the conversation given that it was front page news.