DEMOCRATS ASSERT: “FOR THE SAKE OF OUR AGENDA, LET’S PUT TRUTH ASIDE; WE MUST DESTROY THE REPUTATION AND CHARACTER OF BRETT KAVANAUGH.”

SENATE DEMOCRATS, ON THE JUDICIARY COMMITTEE, BLATANTLY ATTEMPT TO DESTROY A MAN’S NAME; TO DO SO WITHOUT CONCERN FOR THE TRUTH.

“I always cheer up immensely if an attack is particularly wounding because I think, well, if they attack one personally, it means they have not a single political argument left.”  ~ Margaret Thatcher Prime Minister of the United Kingdom,” May 4, 1979 through November 28, 1990“Good name in man and woman, dear my lord,Is the immediate jewel of their souls:Who steals my purse steals trash; ’tis something, nothing;’twas mine, ’tis his, and has been slave to thousands;But he that filches from me my good nameRobs me of that which not enriches him, And makes me poor indeed.” ~ William Shakespeare, Othello, Act 3, Scene 3On Thursday, September 27, in a U.S. Senate Hearing Room, Christine Blasey Ford, testified before Senate Democratic Party and Republican Party Judiciary Committee members; and before the American public. This 11^th Hour Senate Hearing, an “addendum,” need not have transpired; and should not have occurred; for the Senate Hearing on Judge Kavanaugh’s qualifications, character, and integrity that had taken place for several days, had concluded weeks before. Judge Kavanaugh demonstrated beyond any doubt that he is eminently qualified to serve as a Justice on the U.S. Supreme Court. Senate Democrats, though, did not like that turn of events. What could they do? They decided to play a “trump card,” against President Trump, in a last ditch effort to undercut the confirmation of Brett Kavanaugh to a seat on the high Court.Senate Democrats sought to demonstrate that Judge Kavanaugh had a serious flaw in his character—a flaw that made him unsuited to sit on the high Court, regardless of his many qualifications and years of judicial experience. Senate Democrats sought, ostensibly, to portray Christine Ford as a victim—the only victim. But, contrary to Democrats attempt to portray Christine Ford as the sole victim, there was a second victim: Judge Brett Kavanaugh. Senate Democrats intended to use Christine Ford’s testimony against Judge Brett Kavanaugh as a cudgel—another planned assault, along with the Mueller probe—to frustrate the policy objectives of  U.S. President, Donald Trump. To derail the President’s nominee to the high Court, Congressional Democrats brazenly used Christine Ford for their own ends, not hers. The result was to turn a seemingly solemn endeavor into a Grand Inquisition, produced and directed by Senate Democrats.

SENATE DEMOCRATS DISPENSE WITH THE NATION’S BASIC PRINCIPLES OF JUSTICE AS SET FORTH IN THE U.S. CONSTITUTION AND UNDER OUR PROCEDURAL LAWS.

Turning due process on its head, the accused, Judge Brett Kavanaugh, was presumed guilty, not innocent, of sexual assault. Judge Kavanaugh’s accuser, Christine Ford, simply had to disclose in public matters that she had thought and hoped would remain private—allegations of sexual assault committed by Brett Kavanaugh, when they both were in their teens. The testimony of Christine Ford would be used, so it was anticipated by Senate Democrats, to support the inference that Brett Kavanaugh did in fact sexually assault Christine Ford, thirty-six years ago. Senate Democrats made clear that it wasn’t necessary for Christine Ford’s testimony to actually cohere with or correspond to the facts of the matter. It would be enough, so Senate Democrats assumed and argued that she merely appear to be honest, credible. But, due process requires more from an accuser than an accuser’s mere conviction; due process requires more than the accuser’s honest belief in the truth of her own allegations. And due process requires more than the mere perception, of the observer, that the accuser is, after all, really telling the truth. From both a logical and legal perspective belief does not ipso facto equate with truth.Under the Sixth Amendment to the United States Constitution, the testimony of an accuser is not sufficient to convict or condemn a man. Evidence to support a naked accusation is required, such as independent forensic evidence and corroboration of witnesses to the event—none of which Christine Ford had produced. So, regardless of Christine Ford’s personal conviction as to her certainty that the events she speaks of—that took place, thirty-six years ago—and however adamant her remarks, fact remains that, bare allegations, ostensibly based on recollections, in the absence of more, do not substantiate truth for the trier of fact. Under our system of laws and justice—a system built on over two centuries of jurisprudence—an accuser’s barefaced accusation of wrongdoing is constitutionally insufficient to convict one of a crime or, as in this case, simply constitutionally insufficient to condemn.Here, the accuser’s testimony came up short on critical details, painfully short. No matter. Senate Democrats had, before the fact, accepted the accuser’s testimony, on its face, as factually true. They accepted on faith alone the veracity of the allegations because, as they have said, in public, even before the hearing, they had found Christine Ford’s barefaced allegations of a crime to be credible and compelling; and, for them, that was enough, and they insisted that Christine Ford’s barefaced allegations of a crime should be considered credible and compelling for everyone else, too. That is patently ridiculous!Imagine if you will that an accusation were sufficient, of itself, to sustain punishment or public condemnation, irrespective of even a scintilla of independent corroborating evidence. What would that mean for someone; what would that mean for you if someone came forth with a damning accusation against you? What it means is that, you, the accused do not  have the right to face your accuser. You don’t have the right to test the sufficiency of the accusation through direct examination of the accuser. The presumption of innocence does not attach. Thus, the barefaced allegations of an accuser are presumed sufficient to convict or to condemn you and off to prison you go or otherwise, if not to prison, then, perhaps, you, the accused lose a benefit to which you ought otherwise be entitled; or you lose an opportunity you sought to obtain. Moreover, you will find your reputation, your honor, your integrity, your character are all irrevocably besmirched and stained, forever. This inversion of our basic principles of due process can happen to you. Don’t think it can’t! This inversion of our basic principles of justice is precisely what we see happening here in the case of Brett Kavanaugh. We see a planned coordinated, systematic, reprehensible attack to destroy a man’s character and reputation. Senate Democrats, who sit on the Judiciary Committee, along with the Congressional Democratic Party leadership, have connived, conspired and implemented a last minute plan in an unconscionable attempt to discredit the honor, character, and reputation of a man. They could not and cannot destroy the man’s judicial record, his jurisprudential philosophy, and his keen, analytical mind. So, they attempt to debase him. They resort to the last tactic available—a tactic of those in the throes of desperation. They resort to an attack on the man himself.Their plan is nothing more than a well-orchestrated, coordinated contrivance, utilizing their echo chamber, the mainstream media, to cherry pick details of the man’s history. They do this with the aim to come up with something, anything that might be used to cast aspersions on the man’s character. They take whatever they find, and then exaggerate the claim, blowing it up out of all proportion to reason and sensibility. Did the man ever drink alcohol in high school or college? If so, then the public must conclude that the man is a drunkard. A few women come forward with the most outrageous claims of moral turpitude. So, then, the public must believe their damning allegations and must conclude that the man is guilty of moral turpitude because of course these women are telling the truth; and because of course these women wouldn’t lie; and, because of course their memories of the events, if such events occurred at all, didn’t fade with time; and because of course a personal animus toward this man—toward all “white men”—doesn’t motivate them to attack the man. Democrats provide their echo chamber, the mainstream media, with tantalizing bits of garbage to rouse to rally and to rouse their base, the #MeToo movement, and the results are as expected: the lizard brain takes over; all reason goes out-the-door. The  #MeToo sorority becomes ever more indignant; and, then they lose all control. They shout, scream, rant, foam at the mouth, convulse with rage. The lizard brain completely takes over; eats away at them; consumes them. They know what they want. It is as clear as a bell. “Down with White Men! Down with Trump! Down with America!” The entire performance, the entire charade, the entire farce, has nothing, really to do with Brett Kavanaugh; nothing at all. It is, rather what, Kavanaugh represents to these people, who, one can reasonably infer, has not read the man’s legal opinions. They know nothing of his love and devotion and of his years of service to his Country. They know nothing of his love and of his devotion to his wife, to his children, and to his Church. They don’t want to know. They don’t need to know. For what it is they think they know is enough for them. It is what they hear from Democrats, and from the newspapers and from MSNBC and CNN and NPR and PBS. They know everything they have to know about him, which is what they think they know, and what they think they know is wrong. What they think they know has been planted in their lizard brain, and what has been planted there is enough: Brett Kavanaugh is President Trump’s nominee; Brett Kavanaugh is just a privileged “white man.” Brett Kavanaugh doesn’t respect women. Brett Kavanaugh is just plain “evil.” So, Down with Kavanaugh! Down with Trump! Down with white men! Okay—Let us now get back to some semblance of reality, as we consider the Confirmation process.Where, then, does that leave the accused, Brett Kavanaugh? Senate Democrats placed the accused in the legally dubious position of having to bear the burden of proving his innocence. They patently surrendered a presumption of innocence afforded an accused—a presumption that is not mere platitude, but the very cornerstone of our system of justice. Application of the presumption requires that accuser, in the first instance, sustain the burden of proof. But Senate Democrats insist on a presumption of guilt. They insist that Brett Kavanaugh rebut Christine Ford’s testimony even though Christine Ford’s evidence, consisting of her testimony alone, had met no recognized legal standard—not even the lowest standard—preponderance of the evidence that might otherwise, if satisfied, shift the burden of proof onto the accused. Be that as it may, Brett Kavanaugh did proffer his testimony willingly; insisting, in fact, that he be permitted to do so; and Judge Kavanaugh did so, professing his innocence through his own equally compelling, credible testimony. Judge Kavanaugh denied—clearly, succinctly, emphatically, categorically, and unequivocally—ever sexually assaulting Christine Blasey Ford, or anyone. By placing the initial burden of proof on the accused, as Senate Democrats did, though, it became clear even to a lay observer, that the entire hearing was nothing more than a shameless charade, a sham, a circus, complete with clowns; and the clowns in that circus turn out to be Senate Democrats. But, there was nothing for Americans to be amused about.Senate Democrats, looked on dispassionately as the man spoke eloquently, honestly, from the heart. Even so, the attack against him continued. Senate Democrats castigated Brett Kavanaugh and derided him, for they had cast judgment on him even before they heard him speak. And, what do these Democrats, these seemingly honorable people, themselves, really find Brett Kavanaugh guilty of? Just this: the hubris of daring to sit on the U.S. Supreme Court; for doing so wrecks the Democratic Party’s political, social, and economic agenda. The man must be taken down!

WHY DID CHRISTINE BLASEY FORD AGREE TO TESTIFY IN PUBLIC?

As to the matter of Christine Ford’s public testimony, she didn’t really have a choice in the matter. Senate Democrats, dispensing with due process, had urged Christine Ford to testify. This was necessary if they were to delay or derail the Confirmation process. They knew this. They had to attach a face, an identity to a bare accusation against a man. They knew that much. So, even though the accuser sought to remain anonymous, clearly her identity had to be brought out. Only a few Democrats were aware of the accuser’s identity, and her identity was leaked to the Press. A reasonable person would conclude that the accuser did leak the matter since she made clear her wish to remain unknown. Congressional Republicans could not have leaked her name to the Press, for Congressional Republicans had no knowledge of the accusation. Democrats didn’t inform Congressional Republicans of the identity of the accused until the 11^th Hour, when they sprung the accusation on Republicans and on the public. So, a reasonable person would conclude that someone within the Democratic leadership or within the Senate Judiciary Committee had leaked the information. So, much, then for respecting Christine Ford’s wish to remain anonymous.But, whoever it was in the Democratic Party who leaked Christine Ford’s identity, this is what the public learned: The accuser is a middle-aged woman, Christine Ford, a year younger than Brett Kavanaugh; she is a College Professor and holds a Ph.D degree in psychology. Brett Kavanaugh’s accuser, Christine Ford, made a conscious decision to attack the character of the man, even though she could not remember critical details, sufficient to support a criminal charge against Judge Kavanaugh; and, who, for whatever reason, never reported the matter she claims occurred, to the police, or to her friends, or even to her family, but who deemed the matter important enough to bring up now, thirty-six years after the alleged event occurred. She says she is 100% certain that it was Judge Kavanaugh who had attacked her, who had sexually assaulted her. Despite the many gaps as to when and where the matter in question occurred, and as to exactly what had occurred—if the matter had indeed occurred at all—she accuses Judge Kavanaugh, explicitly, of sexual assault.Christine Ford’s representative thereupon passed the information to Senator Dianne Feinstein, ranking Democratic Party member of the Senate Judiciary Committee. Now Senator Feinstein, for her part, was ethically bound to share that information immediately with the Chairman of the Judiciary Committee, Senator Chuck Grassley. If she had done so, the Senate Judiciary Committee could then have undertaken a discrete inquiry into Christine Ford’s allegations. But Senator Feinstein didn’t share the contents of the letter with Chairman Grassley. Senator Feinstein held onto the letter, for several weeks, albeit conceivably sharing the contents of the letter with her Democratic Party colleagues on the Committee and with Democratic Party leadership. Congressional Democrats apparently made a decision to spring the information onto Senate Republicans and the American public, days before the Judiciary Committee was set to vote on submitting the Confirmation of Judge Kavanaugh to the floor of the Senate, for a full Roll-Call vote. Possibly fearing that Judge Kavanaugh would be confirmed by a simple majority of the Senate, they sprung their trap on Senate Republicans and brought Christine Ford’s bare accusation of sexual misconduct to the attention of Chairman Grassley and other Senate Republicans on the Judiciary Committee. Clearly, they did this with the intention to derail, altogether, or, at least, to delay the Confirmation process.The failure to share critical information immediately with Republican members of the Senate Judiciary Committee—holding onto the information secretly, surreptitiously, to be used as a weapon to delay or to derail the Senate Confirmation process—is unethical, even reprehensible behavior. And everything that followed, from the point in time that Christine Ford’s damning and unsupported allegation against Judge Brett Kavanaugh became public up to and including the sham hearing that followed, illustrates the extent to which Democrats will go to get their way.Ranking Democratic Party Senate Judiciary member Dianne Feinstein and the other Senate Democrats, sitting on the Judiciary Committee, were, though, taking a gamble. Senator Feinstein and Senate Democrats knows that a barefaced accusation of sexual misconduct, especially an accusation going back decades, is, in the absence of supporting forensic evidence or, at least, corroborating witnesses, patently insufficient to convict or to condemn, under our system of justice. And there was none. That constitutes the crack, a chink in the Democrats’ armor, and Democrats, some of whom are attorneys at law, certainly know this. But, they played the game out, victim (the accuser) versus attacker (the accused), anyway.

ACCUSER AND ACCUSED ARE BOTH VICTIMS HERE.

Christine Blasey Ford had presented Democrats with a gift, a dangerous weapon, a barefaced allegation of wrongdoing. The Party, bereft of common decency, would be only too tempted, too willing to use the accusation against Brett Kavanaugh, against Senate Republicans, against the President of the United States, and against the Nation to achieve their ends. Senator Feinstein knew that a barefaced allegation of sexual misconduct against another individual was patently unfair. But, Democrats didn’t hold back. They didn’t care. They gambled that this gambit would serve to derail the Confirmation of Judge Kavanaugh to the high Court or, at least, delay a Senate Confirmation vote until after the 2018 Midterm elections. It is the hope of Democrats that they can gain control of the U.S. Senate after the Midterms. A cascading sequence of events thus unfolded, as deeply sensitive allegations came to the public’s attention—embarrassing and humiliating to both accuser and accused. These barefaced allegations would forever sully the reputation and character of an honorable man, a man with a distinguished record of judicial service, and would, at once, leave the accuser all alone, with her own reputation and honor tainted. Thus, along with the victim that Democrats played to the public—their “ace in the hole,” Christine Ford—there was another victim. This was a victim whom they failed to consider, whom they had no wish of considering as it was a victim whom they are responsible for creating, the victim whom in fact they made: Judge Brett Kavanaugh.Both Congressional Republicans, and conceivably even some Congressional Democrats, along with the American public, have learned that Democrats and Leftist groups will do anything to frustrate President Trump’s policy objectives. No scheme is too outrageous for them; no scheme too outlandish; no scheme too reprehensible if they can accomplish their agenda; their end goals. They intend to secure power for themselves and to proceed once again with accomplishing their own policy objectives—objectives at odds with the core values of most Americans people. With Judge Brett Kavanaugh sitting on the U.S. Supreme Court, their plans to hijack this Country from the American people will be all that more difficult, if not impossible. They therefore had no pangs of conscience, no reservation as to what they would do; what they felt they must do to protect their plans, their agenda. They would be willing to destroy a man’s character and reputation, along with his very life, well-being, and personal safety, and that of his family. They would know and be willing to accept, at one and the same time, that their actions might very well endanger, too, the life, well-being, and personal safety of the human being they claimed to be concerned about, Christine Blasey Ford. This would be the price they would be willing to pay in order to regain power and to be able to proceed with the items on their agenda.The accuser, Christine Ford should be perceived as much a tool, here, as victim—a tool to be used and eventually to be discarded, when no longer useful. And Democrats used their tool, Christine Ford, to play her as victim in need of justice, albeit justice coming decades late. Christine Ford’s accusation became the highlight of the #MeToo movement; trumpeted by the mainstream media in the newspapers; hailed by Leftist pundits on the airwaves; a rallying point for Hillary Clinton supporters, thunderstruck and enraged at the Presidential hopeful’s seemingly implausible defeat in the 2016 general election; and the predicate for mass demonstrations.

THE AGENDA OF DEMOCRATS AND LEFTIST GROUPS

The Democratic Party has been, in great part, coopted by Progressive elements. But, progressives lack basic common-sense. Still, the aims of Progressive elements have gained support from the mainstream media—an institution also responsible for undermining our Constitution and for undermining the foundation of a free Republic. These elements promote an agenda that most Americans do not agree with and which can, if implemented, deleteriously impact our Constitution and the preservation of a Free Republic. The items on the Progressives’ agenda include, among other things, placing specific impediments on a citizen’s exercise of sacred rights and liberties: the right of free speech, freedom of association, freedom from unreasonable searches and seizures, for turning our system of laws and justice on its head; and for placing considerable limits on, and eventually eliminating altogether, the right of the people to keep and bear arms. They know that it is only by curtailing the citizenry’s basic, fundamental, natural, unalienable rights and liberties that the citizenry be effectively controlled. Most Americans, though, do not agree with these objectives. And, most Americans do not take kindly at attempts to manipulate them, urging them, cajoling them, to take action against their own best interests, which they well see. Most Americans abhor pretense; false preening; glib, self-assured proselytizing; and they particularly loathe hypocrisy which is abundantly in evidence.Senate Democrats on the Judiciary Committee did not realize the extent to which the most Americans would be appalled at Democrats’ attempt to reduce an honorable man, a distinguished jurist, to the point of tears. Americans’ felt the man’s pain; and they realized that this man could be themselves—a man accused of commission of a heinous act and condemned through mere accusation. The result: a man’s reputation is in tatters; his honor forever tarnished; his sincerity forever doubted.Brett Kavanaugh’s character, reputation, and honor were being directly and systematically attacked. Is it any wonder, then, that he would turn his righteous anger and indignation back on those Senate Democrats, who, curiously, showed surprise that an even-tempered man could exhibit anger. They must have felt: "How can this person, this nominee who sits before us, have the audacity to dare speak so rudely to us? Who does he think he is?" Who Brett Kavanaugh is, if these Senators would only stop to consider the matter, is a man with a sense of honor, pride, character, and integrity, well-deserved, who has served his Country well, in a distinguished career, spanning decades, having worked in the Executive Branch of the Federal Government and subsequently working as a distinguished judge on the U.S. Court of Appeals for the D.C. Circuit. A man who graduated at the top of his Class at one of the premier Universities in our Country, Yale University, and then went on to distinguish himself at Yale Law School. That is who Judge Kavanaugh is. So, then, let us turn the question around on these Democrats on the Senate Judiciary Committee. Who do these Senators think they are to toy with a good man's reputation, honor, and character? Who are these Senators who would dare do those things that place the life, safety and well-being of my own family at risk?Apparently, these people, these Democrats, sitting on the U.S. Senate Judiciary Committee, have so little character, honor, and integrity themselves and so full of their own bravado, they could not understand how it was that a man, sitting before them, would dare remonstrate against them; perhaps Democrats thought, in part, that the personal attack on Brett Kavanaugh’s character should not be taken personally; for, after all, they simply don’t want to see him on the U.S. Supreme Court. And, didn’t they say as much? Didn’t minority leader of the Senate, Chuck Schumer, and other Democrats say as much? Didn’t they ask him, plead with him, to withdraw the nomination, to step aside? If so, they had no idea of the fortitude of the man, for they, themselves have none. Could they truly believe Brett Kavanaugh would not take the attack on his reputation, on his character, on his integrity, and on his personal sense of simple human dignity, personally? Really? Of course he would “dig in his heels” and defend his honor, and his reputation, and his character, and his integrity, and his dignity, too, as a human being--all of which Senate Democrats dared to besmirch.Thus, they concocted an outrageous and outlandish plan to take down an honorable man. And, this all plays out oddly in the Press, as agitators in the #MeToo movement, and their allies, claim that the nominee’s anger, indignation, and, at times, loss of composure, somehow, oddly, bespeak guilt, and lack of proper respect for the Senate? Are they kidding? After what Democrats on the Senate Judiciary Committee have done to this man? And, still, this outrageous, despicable attack against Brett Kavanaugh continues, unabated. Leftists, along with many Democrats, have lost touch with reality and have lost, as well, any sense of human decency.It is strange, indeed, that Progressive elements in society, along with many Democrats, tend to perceive the average American as wrongly attached to the past: wrongly attached to nationalism, patriotism, American history, pride in self and Country, morality as conceived through a Christian ethos; and wrongly attached to the plain meaning of the Constitution as conceived by the founders of the Republic. Progressive elements, many Democrats, the mainstream Press, and Leftists of all stripes, intend to eradicate this, all of it. They intend to destroy all that defines us; all that has defined us since the creation of a free Republic and since the ratification of our Constitution. And they intend to destroy the very conception of fundamental, natural, unalienable rights and liberties, as codified in the Constitution’s Bill of Rights.Those elements in our society—and what is becoming increasingly clear, Globalist interests abroad—intend to bring Americans, “kicking and screaming” if need be, into a new world as they conceive it, a new international world order. The world that Progressives, in particular, seek, is one wholly disconnected from our Nation’s past. It is one marked by multiculturalism; subordination of our Nation’s interests to those of a world community; subordination of the Nation’s Constitution and laws to international laws and norms; and the application of a conception of liberal democracy as played out in the EU. It is a view that, as we have seen, mandates the subjugation of whole nations and people; suppression of basic rights and liberties; submission of the populace of independent nations to solitary autocratic rule, emanating from one place: Brussels.Democrats realize that President Trump’s nominee to sit as an Associate Justice on the U.S. Supreme Court, Judge Brett Kavanaugh, will, given the Judge's high regard for the plain meaning of Statutes, and for the original meaning of the U.S. Constitution, neutralize the goals of Democrats and their allies both here and abroad. They tried to defeat Judge Kavanaugh through several days of Confirmation Hearing, attacking the jurist’s legal reasoning, his jurisprudential philosophy. But, they could not defeat the cogency and brilliance and intensity of Judge Kavanaugh’s legal mind, and of his singular regard to uphold the sacred precepts of the U.S. Constitution, consistent with the understanding and intentions of the framers of it. So, when the initial attempt to tear down his jurisprudential philosophy and methodology failed, and they could see confirmation as imminent, they resorted to more extreme and drastic measures. They attacked Judge Kavanaugh on a deeply personal level. They played their “ace card in the hole”—they brought up a matter that they should have brought to the attention of the Chairman of the Judiciary Committee, weeks ago, and that they should have done so discretely; a matter that they deviously, deceptively, secretly kept to themselves, to be used as a tactical device to defeat the Confirmation of a man who well merits a seat on our Nation’s highest Court of law. And, when they brought the matter up to the Chairman of the Judiciary Committee, Chuck Grassley, they did so, at the 11th Hour, just before the Committee was set to vote on recommending confirmation of Judge Brett Kavanaugh to the full Senate for a Roll-Call vote. They brought up a sensitive matter at the last minute and with great fanfare, so the public would become aware of a damning accusation before neither they, the Democrats, nor Republicans, had an opportunity, to investigate the matter privately, quietly, and thus protect the identities of both accuser and accused. But they didn't. They unleashed, at the last possible minute, a barefaced, unproven accusation to Republicans on the Senate Judiciary Committee and to the public before Republicans on the Committee had a chance to privately look at the accusation and to discretely investigate the matter. And, even after the fact, Democrats on the Committee refused to work with Republicans on the investigation. But, it is clear that Democrats don't really care to verify the truth of the accusation--especially if there exists no one to corroborate the accusation. Indeed, to date no one, whom the accuser named as witness to her damning accusation, sexual assault, has corroborated it--either asserting that they had not witnessed the event or, if at the scene, refuting that any such assault took place. But, that didn't stop Senate Democrats from attacking Brett Kavanaugh's character anyway. Democrats don't care. All they do care about is the fact of the accusation, not the truth of it. Thus, it is sensible to conclude that Democrats' attack on Brett Kavanaugh’s character is logically fallacious, legally faulty, and morally reprehensible. They directed a massive frontal assault on Judge Kavanaugh’s character, reputation, integrity and bearing, anyway. What took place in a Senate Hearing Room, on September 28, 2018, will go down in American history as one the most sordid, outrageous, abjectly shameless, and disgusting episodes in U.S. Senate history.Americans bear witness to nothing less than wholesale character assassination: the attempted murder of a person’s very self by Congressional Democrats. They have engaged in character assassination for what it is that Brett Kavanaugh represents to them--defeat of their Agenda for this Nation--rather than for who Brett Kavanaugh is. But, did these Democrats honestly think that this last minute gambit would actually work? Apparently so, since they made sure it would play out if Judge Kavanaugh would not step aside, as Senate Minority Leader, Schumer, pugnaciously, sanctimoniously insisted he do. One may well ask: would Chuck Schumer and other Democrats have stepped aside had the same attempt at character assassination been directed at them? Do they have the fortitude, the stamina to withstand such an attack. some of them, surely, do have serious character flaws—beyond any reasonable doubt. That, the public knows full well.Consider the flawed character of Senator Richard Blumenthal, for example. As one of the most vehemently, outspoken of Senate Democrats, he is, perhaps not surprisingly, also one of the most sanctimonious. It seems that Senator Blumenthal tends to project onto Judge Kavanaugh the Senator’s own moral failings, his own character flaws.Recall that Senator Blumenthal claimed to have served in Vietnam during the War. He didn’t. When called on the carpet for his blatant lie, Senator Blumenthal didn’t apologize. He didn’t show remorse. That isn’t in his nature. That isn’t in his character. Instead, Richard Blumenthal deflected the matter. He did so in order to salvage the lie. He sought to “clarify” his false remarks, rather than owning up to them. By failing to own up to his lie, Blumenthal merely compounded the lie; demonstrated to the public that here was a man who has a flawed character and is blind to his own flaws; and that he so contemptuously views the public, that he arrogantly assumes the public will be blind to those character flaws. What the public sees in this man, and in other Democrats on the Senate Judiciary Committee, though, are diehard hypocrites. The American public sees, in these Senate Democrats who sit on the Judiciary Committee, and the American public sees in the Democratic Party leadership, people so obsessed with their own sense of self-worth and so enamored with their own smug self-importance, and so dazzled by pretensions of personal grandeur that they truly believe Americans believe in the lies and delusions these Congressional Democrats created for themselves. But they are wrong. Americans, most Americans, at least, are not taken in by the air of pompous self-regard these Democrats have for themselves; nor do most Americans wish for the kind of America that these Democrats seek to create--the kind of America that President Obama had pushed the Country toward; and a kind of America that Hillary Clinton would have continued to work toward had she won the 2016 U.S. Presidential election.Could Senator Blumenthal and could other Democrats, who have a flawed character such as that of Blumenthal, withstand Senate inquiry and serious scrutiny into his character and reputation were he to have been nominated by a President—perhaps by Barack Obama—to sit as an Associate Justice on the high Court? One wonders.

BRETT KAVANAUGH DOES NOT OWE AN APOLOGY TO CHRISTINE FORD; NOR TO SENATE DEMOCRATS, NOR TO ANYONE. IF ANYTHING, CONGRESSIONAL DEMOCRATS OWE AN APOLOGY TO JUDGE KAVANAUGH.

Senate Republican, Lindsay Graham, appropriately and rightfully excoriated Senate Democrats. And then speaking directly to Judge Brett Kavanaugh, in an attempt to assist a man whose pain Senator Graham felt, as the man’s character was being improperly impugned before the entire Nation. Senator Graham told Judge Kavanaugh that he, Judge Kavanaugh, has done nothing wrong and does not need to apologize to anyone.Congressional Democrats obviously did not count on the courage and fortitude of Brett Kavanaugh—his tenacity to defend his honor, reputation, character, and good name; nor did they count on the American public’s own sense of fair play and human decency, as Americans have stood by Judge Kavanaugh.Democrats are so blinded by their own misguided sense of moral superiority that they have come to believe the deception they, and their allies, Progressives and Leftist agitators, dared play out on the American citizenry. But, “means do not justify the ends”—certainly not in this Age of Reason, and certainly not here, in the United States. Americans were justifiably appalled at Democrats’ chicanery; even more so once it became apparent that Senate Democrats had urged Judge Kavanaugh—plaintively, as a last ignominious and clearly futile attempt to delay a Senate Roll-Call vote on Confirmation—to ask President Trump to authorize the FBI to investigate Christine Ford’s allegations against the Judge. This was absurd.Senate Democrats, on the Judiciary Committee, know full well that Judge Brett Kavanaugh, the nominee, cannot authorize FBI investigations into himself or anyone else; nor should he. The claim put forward by Senate Democrats that, if Judge Kavanaugh were truly innocent, he would authorize an investigation into the allegations was merely a red herring. How was Judge Kavanaugh expected to respond to that. Was he expected to capitulate? That would only serve to delay a Confirmation vote, which, of course, was what Senate Democrats hoped to accomplish. Moreover, Judge Kavanaugh would appear weak, having capitulated to the will of Senate Democrats. That would serve their own end; not his; nor ours, the American people.For all that, the FBI, as with any police agency, undertakes investigations on its own initiative when deemed necessary and has done so, many times, in the course of Judge Kavanaugh’s extensive work for the Nation. Nothing remotely came up, during seven thorough FBI investigations into Judge Kavanaugh’s background. That, in itself is telling. Also, the Senate itself can authorize an investigation; and the Senate itself can conduct its own investigation. In fact, Senate Republicans did undertake their own investigation into the barefaced allegations of Christine Ford, contacting individuals whom Christine Ford mentions as supporting her allegations. None of them did support Christine Ford’s allegations. Moreover, and oddly too, Senate Democrats on the Judiciary Committee, refrained from taking part in the Senate investigation, conducted by Republicans.Why is that? Could it be that the Democrats did not wish to know whether Christine Ford’s allegations could not be corroborated? For, if Senate Democrats learned that the accuser’s allegations could not be corroborated that would undercut the claim that Christine Ford’s allegations were true and that would have effectively ended the matter, as the accuser’s allegations would appear to the Nation to be less credible and Senate Democrats would have been compelled to acknowledge as much. But Senate Democrats would have none of that. Lastly, as Judge Kavanaugh pointed out, this latest hearing was itself an investigation. What more would actually be accomplished through an FBI investigation as the investigators would be doing no more than what Senate Republicans had already done: namely talk to those individuals whom Christine Ford had mentioned as people who could corroborate her story. They did not corroborate her story when interviewed by Senate Republicans, under pain of criminal penalty if they were caught in a lie. These individuals would not have corroborated the accuser’s story to FBI investigators as well. So, then what would be gained from an FBI investigation into the accuser’s allegations? Nothing. A call for a seventh FBI investigation at this time would serve nothing but make clear to the American public that Senate Democrats sought merely to delay a Roll-Call vote.*When one feels compelled to resort to chicanery, that chicanery comes back to bite them. And it has done so, here. The chicanery has come to bite Senate Democrats.

AMERICANS HAVE HAD ENOUGH OF DEMOCRATS’ DECEITFUL AND REPREHENSIBLE TACTICS.

Many members of the Democratic Party—certainly those members who sit on the Senate Judiciary Committee—thought they could win over the public and, too, those few holdout Senators on the Republican Party. They apparently didn’t realize that, far from persuading Senate Republicans to turn against President’s Trump’s nominee to the U.S. Supreme Court, they have likely persuaded those Senate Republican holdouts to vote in favor of Confirmation of Judge Kavanaugh to the U.S. Supreme Court, and, perhaps, may have persuaded a few Senate Democrats to do so as well.Americans have now become increasingly aware that those Democrats who sit on the Senate Judiciary Committee as well as the Democratic Party Leadership and, many other Congressional Democrats, are “little people.” They have little empathy for human beings even as they claim empathy and concern for people. Their only concern is accumulation of power for themselves and to enable them to continue working toward completing the items on their agenda. They are people who have no integrity, no sense of human decency or character themselves, and therefore assume, wrongly, that no one else does either. Since they are flawed people, they are blind to their own flaws; and that will doom them and will doom the ignoble causes they seek to force upon our Nation and upon the American people. What they seek is massive social change and political upheaval, in order to remake this Country in a way far removed from a conception of a free Republic and a free people, propounded by the founders of our Nation, the framers of our Constitution.A quotation from the 1951 Cary Grant film, “People Will Talk,” aptly describes what befalls those people who are so consumed with hate and vindictiveness and so convinced of their own moral superiority that they fail to see the flaws in their own character. Cary Grant, star in the film. He plays the protagonist, an idealistic medical professional, named Dr. Noah Praetorius. The antagonist in the film, Dr. Rodney Elwell, is played by the actor, Hume Cronyn. Dr. Elwell unfairly, spitefully, and ruthlessly attempts to destroy the character and reputation of Dr. Praetorius. Toward the end of the film, when Dr. Elwell’s attempt to destroy the character and reputation of  the man fails, he finds himself literally and figuratively, alone. As Dr. Elwell and Mr. Shunderson, Dr. Praetorius’ mysterious friend and personal servant, remain alone in a conference room at a college where Dr. Praetorius teaches, Mr. Shunderson privately scolds Dr. Elwell. Mr. Shunderson does so, not loudly and proudly like a victor might who had fought and won a brutal contest, but quietly, thoughtfully—and, curiously, in a way, that may be described as soothing, even melancholy—as he contemplates now a broken man, a disgraced man, a shallow man, sitting at the conference table. Here was a man who had been smugly self-assured, seemingly pious, but no longer.Dr. Elwell is now truly alone, a ruined man, and wholly irrelevant, as he has failed utterly to bring over others to his side in what was clearly found to be an unfair attack on Dr. Praetorius, a man for whom, it became clear, Dr. Elwell was deeply envious, and whose character and reputation he had, therefore, sought to ruin. But, those whom he had hoped to convince had heard more than enough. No one wished to listen to Dr. Elwell anymore. Dr. Praetorius character and reputation was vindicated and it was Dr. Elwell whose character and reputation now lay in tatters.Mr. Shunderson tells Mr. Elwell, this: “Professor Elwell, you're a little man. It's not that you're short. You're. . . little, in the mind and in the heart. Tonight, you tried to make a man little whose boots you couldn't touch if you stood on tiptoe on top of the highest mountain in the world. And as it turned out . . . you're even littler than you were before.”Senate Democrats on the Judiciary Committee are, together, “Dr. Elwell,” and we would add the Democratic Party leadership, too, Senator Chuck Schumer, and Representative, Nancy Pelosi. They are attempting to take down Brett Kavanaugh, whose boots these Democrats couldn’t touch if they stood on tiptoe on top of the highest mountain in the world. These Democrats are, themselves, little people, and always have been even if that fact had been lost on many Americans; but no longer. And, after the disgusting sham hearing they put on to cut down an honorable man, a sham hearing they put on for the entire Nation to see—after behind the scenes machinating, conspiring—it isn’t Brett Kavanaugh who appears “little” to the Nation, whom they sought to make little. Rather, it is these Democrats who are “little, in the mind and in the heart.” Americans should seriously think about the matter witnessed in the spectacle they see played out before them. If they do so, and are not taken in by false rhetoric, they will become fully aware of what is really going on here: a ruthless attempt to destroy a man’s honor, character, and reputation, not because of some perceived flaw in the man—as there is none—but because Brett Kavanaugh stands in the way of their own lust for power; he stands in the way of their own quest for personal aggrandizement. And, through all that they have done and all that they continue to do to ruthlessly cut down the honor, character, and reputation of a man, they now appear, like Dr. Elwell, even littler than they were before.If there was any doubt whether Judge Kavanaugh merits ascendancy to Justice on the U.S. Supreme Court, Senate Democrats have now, themselves put that doubt to rest. But they have done so not in the manner they thought; not in the manner they planned for; not in the manner they have hoped and expected. And, perhaps worst of all, for them, the public sees them now as disgraceful actors, as circus clowns, yet still bearing animosity, still bearing grudges, despite being found out for the buffoons they are. They hold high rank in Government, yes, but they have been thoroughly exposed for the hypocrites they were; for the hypocrites they are, and for the hypocrites they will, unfortunately, always remain. They are worthy of no American’s respect and should expect none.We implore our fellow Americans to contact their U.S. Senator immediately, telling their Senator they should do nothing to dignify the Democrats’ despicable last minute attempt to sabotage confirmation of Judge Kavanaugh through their outlandish scheme to impugn Judge Kavanaugh's character, reputation and honor. Tell your U.S. Senator to vote in favor of confirming the nomination of Judge Kavanaugh to the U.S. Supreme Court. As is abundantly clear, the American people need Judge Kavanaugh as he will help preserve the integrity of our Constitution, and our  system of laws and justice as an Associate Justice on the U.S. Supreme Court; and that Judge Brett Kavanaugh will do so in a manner consistent with the will and wishes of the founders of our Republic. We can ask for no more of Judge Kavanaugh; and would expect nothing less from him. You will find the name and contact number of your Senator at this link: https://www.senate.gov/general/contact_information/senators_cfm.cfm._____________________________________________*As of the date of the posting of this article, President Trump, on his own initiative, has authorized a limited FBI investigation. The FBI is limited to investigating the specific allegations of sexual misconduct made against Brett Kavanaugh, however implausible the allegations are. Ostensibly, President Trump felt compelled to take this action because Jeff Flake, who had agreed to refer, along with other Senate Republicans on the Judiciary Committee, confirmation of Brett Kavanaugh to the full Senate, had, literally, at the last minute, reneged on that referral. Further, Senate Republicans, Collins and Murkowski, taking their cue from Senator Flake, have now made clear that they wish for the FBI to investigate the allegations of sexual misconduct, too, before they are willing to confirm Brett Kavanaugh as a U.S. Supreme Court Justice. Unfortunately, apart from delaying a full Senate Roll-Call vote for another week, this places the FBI in an unenviable position. Whatever the outcome of the investigation, the FBI’s report will be deemed political. This, the FBI doesn’t need, given that the American public has been apprised that, both prior to the 2016 U.S. Presidential election, and thereafter, high ranking DOJ and FBI officials have operated as functionaries of the Democratic Party and not as independent police investigators and attorneys. Moreover, since Senate Republicans have, as they made clear during the last Hearing, already undertaken an investigation of individuals whom Christine Ford named as witnesses who might corroborate her allegations, and as none of those individuals had corroborated Christine Ford’s allegations, nothing would be gained through an FBI interview of those same people. Now, two other individuals, Debra Ramirez and Julie Swetnick, have come forward with their own allegations of sexual misconduct against Judge Brett Kavanaugh. However, the allegations of sexual misconduct that these two new accusers have brought against Judge Kavanaugh are so patently ludicrous, that any time spent and taxpayer monies expended by FBI personnel to interview these women would serve only to turn what has already become a circus into a full-fledged farce. But that is where we, the American people, are, no thanks to Senator Feinstein’s unethical, and truly despicable 11^th Hour bombshell release of Christine Blasey Ford’s barefaced accusation against Judge Kavanaugh._________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

WHERE DOES THE MOST SERIOUS THREAT TO THE PRESERVATION OF THE FUNDAMENTAL RIGHTS AND LIBERTIES OF AMERICANS REST? FROM CONGRESS? FROM THE PRESS? FROM THE PRESIDENT? FROM ALL THREE TAKEN TOGETHER? THE ANSWER MAY SURPRISE YOU!

KOLBE VS. HOGAN:

INTERIM REMARKS

The Arbalest Quarrel has been working steadily on a systematic and comprehensive analysis of the Kolbe case. We are taking a short timeout with this segment, subtitled, “Interim Remarks,” to place the substantial time we are devoting to Kolbe in proper perspective. We feel our analysis has singular importance now with the Senate Judiciary Hearings on the Gorsuch confirmation that took place these past few days, and which have concluded. Senate Democrats are now filibustering, to prevent a vote on the confirmation of Judge Gorsuch as Associate Justice on the U.S. Supreme Court.The Arbalest Quarrel will continue its comprehensive, analytical exposition of the Kolbe case, considering its negative impact on the Second Amendment and considering, as well, the failure of the Fourth Circuit to take proper note of and abide by the rulings and reasoning of the high Court in the seminal Heller case. The high Court provided clear guidance to the lower Courts for the proper handling of Second Amendment cases where government action attacks the core of the Second Amendment.What is unfortunately abundantly clear now is that lower federal Courts will, at times, ignore rulings and reasoning and guidance of the U.S. Supreme Court if those lower federal Courts do not agree with the methodology, the rulings, the reasoning, and the jurisprudential underpinnings of the law as reflected in specific cases. So it is that we see some United States Circuits ignoring the precepts of Heller. But, regardless of a jurist’s political and social philosophy, precedent must not be ignored. Precedent must never be ignored. All too often as we see, though, judicial precedent is ignored, and it is, not infrequently, ignored in the most important cases: those cases negatively impacting our most sacred rights and liberties.If anything came out of the Neil Gorsuch confirmation hearings —where Judge Gorsuch had to suffer through days of torturous questioning and insufferable pontificating of Senate Democrats sitting on the Judiciary Committee—the public has come to see that Judge Gorsuch believes fervently in the importance of legal precedent as the cornerstone of our system of laws. This is necessary if our system of laws is not to be reduced to a set of discordant, inconsistent body of law, providing no guidance on which Courts may reasonably rely.The public has also seen that Judge Gorsuch gives credence to the law enacted by Congress, as written. Judge Gorsuch does not allow personal feeling to sway his rulings. That seems to bother some members of the Senate Judiciary Committee. It should, though, give the public hope. For, the public can rest assured that Judge Gorsuch, sitting on the high Court as an Associate Justice, will demonstrate proper restraint—applying the law to the facts as that law exists, and not as he may, perhaps, rather like the law to be.What the law ought to be is subject matter for legal and political philosophical musings set down in essays. When a judge opines on a case before that judge, the jurist is not to render judgment on what the law ought to be but must predicate his or her rulings on what the state of the law is, and elucidate findings of fact and conclusions of law on that basis and on that basis alone. Frankly, all too often we do not see this. The worst and most dangerous example of improper legal judgment is judgment reflected in personal feeling peppered, if only tacitly, but unmistakably, in legal opinions—personal feeling overriding judicial restraint in matters directly impacting the Bill of Rights, not least of which, we see on the continued assault against the clear meaning and purpose of the Second Amendment.The rabid assault on the sanctity of the Second Amendment to the U.S. Constitution continues unabated notwithstanding the clear reasoning of and holdings in the Heller case. But, where do the greatest and gravest threats rest?Contrary to popular opinion on the matter, the greatest threat to our Bill of Rights, generally, and the gravest danger to our Second Amendment, particularly, rests less upon the assertive, pretentious, sanctimonious, noxious rhetorical flourishes and rancor of some elected officials who disdainfully, arrogantly voice their antipathy toward the Second Amendment—even if that rancor is masked through the obligatory assertion, “but of course I support the Second Amendment,” as if, through the addition of that assertion to the official’s polemic, the elected official may effectively hide his or her clear distaste toward the very idea that the average, law-abiding, rational, American citizen—not working as a policeman, or as a soldier, or as a licensed bodyguard, or as a government or private security officer, or in some unknown, secretive governmental capacity, but merely, solely as a civilian—should actually ever be armed with—horror of horrors—a firearm.And, contrary to popular opinion on the matter, the greatest threat to our Bill of Rights, generally, and the gravest danger to our Second Amendment, particularly, rests less upon the loud, vociferous, discordant voice of writers, editors, and owners of mainstream media whose antipathy toward the right of the people to keep and bear arms is well-known by the public, and is at once both longstanding and supremely malevolent.Rather, the greatest threat to our Bill of Rights, generally, and the gravest danger to our Second Amendment, particularly, rests more on the actions of activist Jurists of the federal District and Circuit Courts whose arcane opinions, seemingly well-learned and well-reasoned, merely obscure an intent to defeat the Second Amendment despite clear guidance from the U.S. Supreme Court.The threat posed by an activist Judiciary to the preservation of our basic liberties, as envisioned by the founders of our Free Republic is very real, not to be reasonably denied. And that threat posed to our Second Amendment right of the people to keep and bear arms is ultimately greater than that posed by either a recalcitrant Congress or a derelict Press.The danger posed by an activist Judiciary is greater and graver to our sacred rights and liberties because the Judiciary is the final arbiter of what our law means and, therefore, how the law impacts our lives.As our Constitution sets forth, Congress makes the law we live by. The Executive enforces the law that Congress enacts. But, as the grand interpreter of the law—what the law means and whether the law is consistent with the U.S. Constitution—whether a law shall operate at all, and, if so, the effect it has on our lives—it is for the Judiciary to say. It is not for Congress to say; and it is not for the U.S. President to say; and it is certainly, not for the Press to tell the American people what the law of the Land is.No! The Judiciary, alone, is the final arbiter of what the law is. Some may think the Judiciary wields less power than the two other Branches of Government. After all, the Judiciary does not have the power of the purse, which, along with the unequivocal and singular power to make law, exists in Congress alone. The Judiciary does not wield power over the military, or over the federal police agencies, or over the vast intelligence apparatuses, all of which fall within the direct purview of the Executive. But, as the final arbiter of our law—what the law means and how the law is to be applied—assuming we remain a Nation ruled by law, truly ruled by law, and not by men—no American should underestimate the power the Judiciary wields over our lives.Even the most uninformed citizens among us knows full well the power of the Judiciary in the matter of immigration. That has been on full display. That power can and, most recently has tied the hands of the U.S. President, as Commander in Chief of our Nation, taxed with the singular duty to protect the People of our great Nation from all threats both foreign and domestic.President Donald Trump, promising to do his best to defend this Nation against imminent and serious threat posed by Islamic terrorists —clearly among his most important duties as U.S. President—has been constrained and frustrated in that effort due to the machinations of the U.S. Court of Appeals for the Ninth Circuit and thereafter by the U.S. District Court of Hawaii—Courts that have, through their actions, placed the welfare of this Nation and the physical safety of its citizens at considerable risk as those Courts, through their opinions, demonstrate that the wishes of non-citizens who seek to emigrate to America from failed States are to be given more consideration than are the health and well-being of this Nation and the physical safety of American citizens. And, it doesn’t stop there, with immigration.Activist U.S. District Court and U.S. Circuit Court of Appeals judges express their disdain of the Second Amendment and their continued defiance of the U.S. Supreme Court through decisions that rein in the right of the people to keep and bear arms. They denigrate the import and purport of our Second Amendment through manipulation of legal doctrine.If our pronouncement be undiplomatic, untactful toward the Judiciary, so be it. This is not a time for niceties. For the decisions of the Judiciary—the words expressed in opinions—are proof of political activism that strike at the heart of the health, welfare, and safety of our Nation and at the import and purport of our Bill of Rights.No less has the Fourth Circuit, in our estimate, manipulated legal doctrine, in denigration of U.S. Supreme Court precedent. Obscuring opinion in arcane legalese does little to disguise the fact that legal opinions coming out of this Circuit in the recent Kolbe case are antithetical to and involve a misunderstanding—whether consciously deliberate or incautiously but honestly mistaken—of the rulings and reasoning of the Heller Court.The Fourth Circuit relies for support, in part, on similar rulings of its sister Courts, most notably, those of the Second, Third, Seventh, and Ninth Circuits. By relying for support on opinions of their sister Courts, the Fourth Circuit aims, it seems to us, to deflect honest criticism away from itself, thereby suggesting that similar rulings of these other Courts that belie the rulings, reasoning, and clear guidance of the majority opinion, penned by Justice Scalia, in Heller, do somehow demonstrate that the Fourth Circuit does give due consideration to the holdings and reasoning of Heller, rather than contradicting the holdings and reasoning of that seminal Second Amendment case. But that is not the case at all.We firmly believe—as we have explained and will elucidate yet further—the Fourth Circuit Court of Appeals, en banc, having taken its cue from the U.S. District Court of Maryland and from the opinions of various sister Courts, strained to find a loophole in the Heller case to justify finding Maryland’s Firearm Safety Act to be legal. There isn’t any. So, the Fourth Circuit created one out of whole cloth.The gravest error of the Courts of the Fourth Circuit consists in the application of a standard of review that the Heller Court specifically rejected. Proceeding from an improper footing, an erroneous decision—but one the Fourth Circuit obviously wanted—could not but follow from the application of the wrong standard.Happy the Fourth Circuit would be, as would other United States Circuit Courts that elicit similar sympathies, if Heller were simply overturned. Were Judge Merrick Garland to have sat on the high Court, that pipedream for the antigun movement would come to pass. There is no doubt about that. Clearly, that was one end that Barack Obama had in mind which is why he nominated Merrick Garland to Associate Justice of the U.S. Supreme Court. It was one end that Hillary Clinton would have had in mind were she to have been elected U.S. President. For, she would certainly have been elated to sit Judge Garland on the high Court. Thankfully, neither the previous U.S. President or the one who would be Queen will never get their wish.If Judge Neil Gorsuch is confirmed and he should be and undoubtedly will be—despite a Democratic threat of filibuster of his confirmation which is now unfolding—the Heller case should remain untouched—even if ignored by various Circuit Courts as we see in Kolbe. Heller is the first case that extends—albeit tacitly—the idea that, where the very core of a fundamental right is attacked in a government action—a facial challenge to that governmental action will be given proper consideration.The U.S. Supreme Court made clear enough in Heller, to the surprise and, we are sure, much to the consternation of the D.C. Government and to the U.S. Circuit Court of Appeals for the District of Columbia, that the U.S. Supreme Court would not shrink from applying facial challenge methodology to an action by government that attacks the core of the Second Amendment even if that had not previously been done. We should see that methodology applied as well in Kolbe if Kolbe or a similar case is heard by the U.S. Supreme Court. We hope and trust and pray that Judge Gorsuch sits on the high Court as the Ninth Justice when this happens.We continue with our analysis of the Kolbe case with Part Five of our multi-series article, to be posted shortly._________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.