Friday, June 29, 2018

Behind the scenes on Justice Kennedy's retirement

President Trump singled him out for praise even while attacking other members of the Supreme Court. The White House nominated people close to him to important judicial posts. And members of the Trump family forged personal connections.

[...]

Allies of the White House [warned] the 81-year-old justice that time was of the essence. There was no telling, they said, what would happen if Democrats gained control of the Senate after the November elections and had the power to block the president’s choice as his successor.

There were no direct efforts to pressure or lobby Justice Kennedy to announce his resignation on Wednesday.

  NYT
Says who?
But in subtle and not so subtle ways, the White House waged a quiet campaign to ensure that Mr. Trump had a second opportunity in his administration’s first 18 months to fulfill one of his most important campaign promises to his conservative followers — that he would change the complexion and direction of the Supreme Court.

[...]

In the meantime, as the White House turned to stocking the lower courts, it did not overlook Justice Kennedy’s clerks. Mr. Trump nominated three of them to federal appeals courts: Judges Stephanos Bibas and Michael Scudder, both of whom have been confirmed, and Eric Murphy, the Ohio solicitor general, whom Mr. Trump nominated to the Sixth Circuit this month.

One person who knows both men remarked on the affinity between Mr. Trump and Justice Kennedy, which is not obvious at first glance.

[...]

Mr. Trump was quick to note in the moments after his first address to Congress in February 2017. As he made his way out of the chamber, Mr. Trump paused to chat with the justice.

“Say hello to your boy,” Mr. Trump said. “Special guy.”

Mr. Trump was apparently referring to Justice Kennedy’s son, Justin. The younger Mr. Kennedy spent more than a decade at Deutsche Bank, eventually rising to become the bank’s global head of real estate capital markets, and he worked closely with Mr. Trump when he was a real estate developer, according to two people with knowledge of his role.
Deutsche Bank, the mob money launderer where Trump got his loans when no other bank was willing to take the risk.
About a week before the presidential address, Ivanka Trump had paid a visit to the Supreme Court as a guest of Justice Kennedy. The two had met at a lunch after the inauguration, and Ms. Trump brought along her daughter, Arabella Kushner. Occupying seats reserved for special guests, they saw the justices announce several decisions and hear an oral argument.

[...]

If the overtures to Justice Kennedy from the White House were subtle, the warnings from its allies were blunt. Last month, Senator Charles E. Grassley of Iowa, the Republican chairman of the Senate Judiciary Committee, went on Hugh Hewitt’s radio program to issue an urgent plea.

“My message to any one of the nine Supreme Court justices,” he said, was, “‘If you’re thinking about quitting this year, do it yesterday.’”

[...]

There is nothing particularly unusual in urging older justices to retire for partisan reasons. During the Obama administration, prominent liberals called for Justice Ruth Bader Ginsburg to retire so that Mr. Obama could name her successor.
But she didn't, did she?
Justice Kennedy waited until the last day of the term to announce his retirement. The move disappointed liberals who had hoped that he would not want Mr. Trump to name his successor. But the justice, saying he wanted to spend more time with his family, betrayed no hesitation.

[...]

Justice Kennedy visited the White House on Wednesday to tell Mr. Trump of his retirement and to deliver a letter setting out the details. Its warm opening words — “My dear Mr. President” — acknowledged a cordial relationship between the two men, as well as the success of the White House’s strategy.
Spend more time with his family. That's the code all politicians and officials have used for "I'm about to be outed for something illegal or immoral."

I still think the Trumps have something on Kennedy. You don't get close to that family and come out clean.





UPDATE:


Well, I think it is.



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