Judicial nominee faces Senate scrutiny over Knights of Columbus membership

by Ed Condon


Washington D.C., Dec 21, 2018 / 02:00 pm (CNA).- A judicial nominee faced questions from Senators this month about whether membership in the Knights of Columbus might impede his ability to judge federal cases fairly. The Knights of Columbus say that no candidate for public office should have to defend his membership in a Catholic service organization.

Senators Mazie Hirono (D-HI) and Kamala Harris (D-CA) raised concerns about membership in the Knights of Columbus while the Senate Judiciary Committee reviewed the candidacy of Brian C. Buescher, an Omaha-based lawyer nominated by President Trump to sit on the United States District Court for the District of Nebraska.

Senators also asked whether belonging to the Catholic charitable organization could prevent judges from hearing cases “fairly and impartially.”

In written questions sent to Buescher by committee members Dec. 5, Sen. Hirono stated that “the Knights of Columbus has taken a number of extreme positions. For example, it was reportedly one of the top contributors to California’s Proposition 8 campaign to ban same-sex marriage.”

Hirono then asked Buescher if he would quit the group if he was confirmed “to avoid any appearance of bias.”

“The Knights of Columbus does not have the authority to take personal political positions on behalf of all of its approximately two million members,” Buescher responded.

“If confirmed, I will apply all provisions of the Code of Conduct for United States Judges regarding recusal and disqualification,” he said.

Kathleen Blomquist, spokesperson for the Knights of Columbus, told CNA that the senators’ questions echoed the kind of anti-Catholicism seen in previous generations of American history.

“Our country’s sad history of anti-Catholic bigotry contributed to the founding of the Knights of Columbus, and we are proud of the many Catholics who overcame this hurdle to contribute so greatly to our country,” Blomquist told CNA

“We were extremely disappointed to see that one’s commitment to Catholic principles through membership in the Knights of Columbus—a charitable organization that adheres to and promotes Catholic teachings—would be viewed as a disqualifier from public service in this day and age.”

President Trump nominated Buescher to serve on the U.S. District Court on Nov. 3. The Senate Judiciary Committee held a hearing on Buescher’s nomination Nov. 28, sending written questions to him on Dec. 5. 

The Knights of Columbus is active in 17 countries worldwide. In 2017, members carried out more than 75 million hours of volunteer work and raised more than $185 million for charitable purposes. Successive popes, including Pope Francis, have praisied the group for their charitable work and the manner in which they articulate Catholic faith and values.

In her questions to the nominee, Sen. Harris described the Knights as “an all-male society” and asked if Buescher was aware that the Knights of Columbus “opposed a woman’s right to choose” and were against “marriage equality” when he joined.

Responding to the senator’s questions, Buescher confirmed that he has been a member of the Knights since he was 18 years old, noting that his membership “has involved participation in charitable and community events in local Catholic parishes.”

“I do not recall if I was aware whether the Knights of Columbus had taken a position on the abortion issue when I joined at the age of 18,” he wrote in response.

Harris raised a statement from Supreme Knight Carl A. Anderson, who said that abortion constituted “the killing of the innocent on a massive scale” and asked Buescher if he agreed with Anderson.

Buescher said he was not responsible for drafting statements or policies made by the Knights and that, as a federal judge, he would consider himself bound by judicial precedent regarding abortion.

“I did not draft this language. If confirmed, I would be bound by precedent of the United States Supreme Court and the Eighth Circuit Court of Appeals and would not be guided by statements made by others,” Buescher told the senator.

Blomquist told CNA that asking a judicial nominee to defend his membership of a major Catholic charitable organization is disturbing.

“We believe that membership in the Knights of Columbus, which helps everyday men put their Catholic faith into action, is worthy of commendation and not something a nominee for public office should be asked to defend," she said.

In 2014, Buescher ran as a candidate in the Republican primary election for Nebraska attorney general. During that campaign he described himself as “avidly pro-life” and said that opposition to abortion was part of his “moral fabric.”

Senator Cory Booker (D-NJ) noted the nominee’s previously outspoken opposition to abortion and asked “why should a litigant in your courtroom expect to get a fair hearing from an impartial judge in a case involving abortion rights?”

Buescher responded that “as a candidate for Nebraska Attorney General in 2014, I did what candidates for any major state or federal office do, which is to take political positions on a variety of issues of the day.” 

“However, there is a difference between taking political positions as a candidate for elective office and serving as a federal judge. I believe a judge’s role and obligation is to apply the law without regard to any personal beliefs regarding the law,” Buescher wrote.

“If confirmed, I will faithfully apply all United States Supreme Court and Eighth Circuit Court of Appeals precedent on all issues, including Roe v. Wade."

Buescher also fielded questions from senators about Trump administration policy on Title X funding for clinics providing abortions and referrals, as well as on the application of anti-discrimination law to questions related to gender identity or sexual orientation.

The nominee underscored that, as a judge, it was not for him to advance personal or political opinions but to make fair and impartial rulings based on the law and judicial precedent. 

If confirmed by the Senate, Buescher will fill the vacancy left by Judge Laurie Smith Camp, who assumed senior status - a kind of judicial semi-retirement - on Dec. 1.

This story has been updated.






Hillary Caught Making Claim About Kavanaugh That Was Already Proven False by Fact-Checkers


by Randy DeSoto

Former Secretary of State Hillary Clinton doubled down Wednesday on a claim Sen. Kamala Harris made regarding Supreme Court nominee Brett Kavanaugh’s views on birth control that multiple fact-checkers have already determined to be false.

“I want to be sure we’re all clear about something that Brett Kavanaugh said in his confirmation hearings last week. He referred to birth-control pills as ‘abortion-inducing drugs,'” Clinton tweeted. “That set off a lot of alarm bells for me, and it should for you, too.”

“Kavanaugh didn’t use that term because he misunderstands the basic science of birth control—the fact that birth control prevents fertilization of eggs in the first place. He used that term because it’s a dog whistle to the extreme right,” she added.

Hillary Clinton‏Verified account @HillaryClinton Sep 12

I want to be sure we're all clear about something that Brett Kavanaugh said in his confirmation hearings last week. He referred to birth-control pills as "abortion-inducing drugs." That set off a lot of alarm bells for me, and it should for you, too.

20,281 replies 41,031 retweets 137,358 likes

Kavanaugh didn't use that term because he misunderstands the basic science of birth control—the fact that birth control prevents fertilization of eggs in the first place. He used that term because it's a dog whistle to the extreme right.

6:14 AM - 12 Sep 2018


The Washington Post awarded Harris with four Pinocchios for sharing a selectively edited video about Kavanaugh while arguing that he is “going after” birth control.

The California Democrat tweeted footage of an exchange Kavanaugh had with Republican Sen. Ted Cruz of Texas during the judge’s confirmation hearing last week before the Senate Judiciary Committee.

Cruz asked Kavanaugh about his dissent in the 2014 Priests for Life case before the Washington, D.C. Circuit Court of Appeals involving the Affordable Care Act’s contraception mandate.

The nominee answered by recounting the plaintiff priests’ position in the case regarding filling out a Department of Health and Human Services form to obtain a waiver from the contraception mandate, which, if accepted by HHS, required health insurance providers to offer the coverage free of charge to those who were interested.

Kavanaugh told Cruz, “They said filling out the form would make them complicit in the provision of the abortion-inducing drugs that they were, as a religious matter, objecting to.”

Harris’s video omitted Kavanaugh saying, “they said,” making it appear that he was offering a statement about his views on the matter, and even birth control more broadly.

Harris wrote of the exchange in a tweet on Friday.

Kamala Harris‏Verified account @SenKamalaHarris

Kavanaugh chooses his words very carefully, and this is a dog whistle for going after birth control. He was nominated for the purpose of taking away a woman’s constitutionally protected right to make her own health care decisions. Make no mistake - this is about punishing women.

11:45 AM - 7 Sep 2018
8,538 replies 15,061 retweets 

Here is Kavanaugh's full answer. There's no question that he uncritically used the term "abortion-inducing drugs," which is a dog whistle term used by extreme anti-choice groups to describe birth control.

Kavanaugh explained to Cruz that the reason he dissented in the case was based on the Supreme Court’s Burwell v. Hobby Lobby Stores decision, which found business owners have the right not to provide contraception coverage to employees if it runs contrary to their sincerely held religious beliefs.

It should be noted that Hobby Lobby’s owners did not object to providing birth control coverage, which they were in fact doing, but did object to providing contraceptives they believe cause abortions, including “morning-after pills” and two types of intrauterine devices.

There are 16 other FDA-approved contraception methods that the company did not object to, as they prevent the egg from being fertilized in the first place.

However, the four methods of contraception at issue in the case “may have the effect of preventing an already fertilized egg from developing any further by inhibiting its attachment to the uterus.” Thus, the concern was that by providing these abortifacients, they would be facilitating abortion.

After receiving significant criticism for her misleading tweet, Harris included Kavanaugh’s comments in context in a subsequent post, but argued, “There’s no question that he uncritically used the term ‘abortion-inducing drugs,’ which is a dog whistle term used by extreme anti-choice groups to describe birth control.”

The Washington Post was not buying the senator’s explanation.

“Harris’s decision to snip those crucial words (‘they said’) from her first post on the video is certainly troubling,” wrote Post fact-checker Glenn Kessler.

Regarding her follow up tweet, he added, “But there was no acknowledgment by Harris that the original tweet was misleading.”

Kessler concluded, “She earns Four Pinocchios — and her fellow Democrats should drop this talking point.”

Politifact also found Harris’ Twitter post in error.

“In Harris’ tweet, Kavanaugh appears to define contraception as abortion-inducing. But the video failed to include a crucial qualifier: ‘They said,’” Politifact reported.

“In fact, he was citing the definition of the religious group Priests for Life. He has not expressed his personal view,” the fact-checker added. “We rate this statement False.”


David French‏Verified account @DavidAFrench

David French Retweeted Hillary Clinton

Hillary Clinton comes barreling back into the conversation with a timely reminder that she’s one of the more prolific liars in modern American politics.

David French added,

Hillary ClintonVerified account @HillaryClinton
I want to be sure we're all clear about something that Brett Kavanaugh said in his confirmation hearings last week. He referred to birth-control pills as "abortion-inducing
drugs." That set off a lot of alarm bells for me, and it should for you, too.
Show this thread
7:18 AM - 12 Sep 2018
175 replies 652 retweets 2,373 likes

National Review’s David French chastised Clinton for grabbing onto Harris’ claim against Kavanaugh, which she should have known to be false.

He tweeted, “Hillary Clinton comes barreling back into the conversation with a timely reminder that she’s one of the more prolific liars in modern American politics.”



Classmate Deletes Tweet That Supported Ford’s Claim Against Kavanaugh

by Jack Davis


A woman who said the 35-year-old alleged sexual misconduct incident Supreme Court nominee Brett Kavanaugh denies ever happened was all the buzz at school has deleted her tweet making that claim.

On Tuesday, Christina King Miranda entered the fray over allegations that Kavanaugh acted inappropriately toward Christine Blasey Ford at a party in the 1980s.

There's a well-established legal term of art for what Cristina King Miranda is peddling today: HEARSAY. http://archive.is/xz6AN 


“I graduated from Holton Arms, and knew both Brett Kavanaugh and Mark Judge. Christine Blasey Ford was a year or so behind me, I remember her. I signed this letter. The incident was spoken about for days afterwords (sic) in school. Kavanaugh should stop lying, own up to it and apologize,” she tweeted.

The tweet was seized upon as corroboration of Ford’s allegation, but it raised questions because it offered details not mentioned in, or conflicting with, Ford’s version of events.

For example, Lisa Banks, Ford’s lawyer, said the incident took place over the summer, NPR reported. Miranda’s now-deleted post placed the party during the school year.

Also, Ford indicated in her interview with The Washington Post that she did not discuss the incident until 2012, while Miranda’s tweet indicates it was common knowledge at their school — Holton-Arms in Bethesda, Maryland — in the 1980s.

The questions raised by her comment might never be answered. Miranda deleted her tweet Wednesday.

“Hi all, deleted this because it served its purpose and I am now dealing with a slew of requests for interviews from The Wash Post, CNN, CBS News. Organizing how I want to proceed. Was not ready for that, not sure I am interested in pursuing. Thanks for reading,” she tweeted.

The questions raised by her comment might never be answered. Miranda deleted her tweet Wednesday.

“Hi all, deleted this because it served its purpose and I am now dealing with a slew of requests for interviews from The Wash Post, CNN, CBS News. Organizing how I want to proceed. Was not ready for that, not sure I am interested in pursuing. Thanks for reading,” she tweeted.

Hi all, deleted this because it served its purpose and I am now dealing with a slew of requests for interviews from The Wash Post, CNN, CBS News. Organizing how I want to proceed. Was not ready for that, not sure I am interested in pursuing. Thanks for reading


Miranda then followed up that tweet with another making it clear she won’t be saying anything more.

“To all media, I will not be doing anymore interviews. No more circus. To clarify my post: I do not have first hand knowledge of the incident that Dr. Christine Blasey Ford mentions, and I stand by my support for Christine. That’s it. I don’t have more to say on the subject,” she tweeted.

— Cristina King Miranda (@reinabori) September 19, 2018

The tweet was perceived by some as an effort to avoid dealing with a story that was full of holes.

Chris Costlow @TheChrisCostlow

Well, SOMEONE'S lying. Ford said she told NO ONE about it until 2012. Seems you shot yourself in the foot with a tweet and I'm guessing your name isn't going to go away from the news cycle any time soon. You go girl! You've done more to ruin Ford's cred than the Republicans.


Miranda’s actions came as Patrick J. Smyth, another high school classmate of Kavanaugh’s, denied ever seeing inappropriate conduct from Kavanaugh and said that if Ford has identified him as being at a party where the alleged incident took place, she is wrong.

Politics US News

Classmate Deletes Tweet That Supported Ford’s Claim Against Kavanaugh

By Jack Davis
September 19, 2018 at 11:17am

A woman who said the 35-year-old alleged sexual misconduct incident Supreme Court nominee Brett Kavanaugh denies ever happened was all the buzz at school has deleted her tweet making that claim.

On Tuesday, Christina King Miranda entered the fray over allegations that Kavanaugh acted inappropriately toward Christine Blasey Ford at a party in the 1980s.

“I graduated from Holton Arms, and knew both Brett Kavanaugh and Mark Judge. Christine Blasey Ford was a year or so behind me, I remember her. I signed this letter. The incident was spoken about for days afterwords (sic) in school. Kavanaugh should stop lying, own up to it and apologize,” she tweeted.

The tweet was seized upon as corroboration of Ford’s allegation, but it raised questions because it offered details not mentioned in, or conflicting with, Ford’s version of events.

Do you believe Christina King Miranda?

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TRENDING: Franklin Graham Calls Out ‘Socialist-Leaning Dems’ in Wake of Kavanaugh Accusations

For example, Lisa Banks, Ford’s lawyer, said the incident took place over the summer, NPR reported. Miranda’s now-deleted post placed the party during the school year.

Also, Ford indicated in her interview with The Washington Post that she did not discuss the incident until 2012, while Miranda’s tweet indicates it was common knowledge at their school — Holton-Arms in Bethesda, Maryland — in the 1980s.

The questions raised by her comment might never be answered. Miranda deleted her tweet Wednesday.

“Hi all, deleted this because it served its purpose and I am now dealing with a slew of requests for interviews from The Wash Post, CNN, CBS News. Organizing how I want to proceed. Was not ready for that, not sure I am interested in pursuing. Thanks for reading,” she tweeted.

Miranda then followed up that tweet with another making it clear she won’t be saying anything more.

“To all media, I will not be doing anymore interviews. No more circus. To clarify my post: I do not have first hand knowledge of the incident that Dr. Christine Blasey Ford mentions, and I stand by my support for Christine. That’s it. I don’t have more to say on the subject,” she tweeted.

The tweet was perceived by some as an effort to avoid dealing with a story that was full of holes.

Miranda’s actions came as Patrick J. Smyth, another high school classmate of Kavanaugh’s, denied ever seeing inappropriate conduct from Kavanaugh and said that if Ford has identified him as being at a party where the alleged incident took place, she is wrong.

“I understand that I have been identified by Dr. Christine Blasey Ford as the person she remembers as ‘PJ’ who supposedly was present at the party she described in her statements to the Washington Post,” Smyth said in a statement, CNN reported. “I am issuing this statement today to make it clear to all involved that I have no knowledge of the party in question; nor do I have any knowledge of the allegations of improper conduct she has leveled against Brett Kavanaugh.

“Personally speaking, I have known Brett Kavanaugh since high school and I know him to be a person of great integrity, a great friend, and I have never witnessed any improper conduct by Brett Kavanaugh towards women.”

Mark Judge, who was mentioned in Miranda’s deleted tweet, said in a letter to senators that he had “no memory of this alleged incident” and “never saw Brett act in the manner Dr. Ford describes.”










Trump Admin Fights Back, Wants Judge to Toss Lawsuits So it Can Defund Planned Parenthood

by Micaiah Bilger


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The Trump administration is fighting back against lawsuits challenging its efforts to defund the abortion giant Planned Parenthood.

This week, attorneys for the government asked federal judges to dismiss two lawsuits the abortion chain filed against changes to Teen Pregnancy Prevention (TPP) program grants, Reuters reports.

In June, Planned Parenthood filed a lawsuit challenging a Department of Health and Human Services decision to prioritize sexual risk avoidance programs instead of the abortion giant’s risky sex education programs.

The Trump administration also cut millions of dollars in TPP program grants to the abortion chain in 2017 after evidence showed the program was not effective. However, the abortion chain is suing to stop those cuts as well in a separate lawsuit.

Lawyers for HHS argued this week that Planned Parenthood chose not to apply for the grants under the new changes so it does not have standing to sue, according to the report.

The Daily Caller reports more:

HHS lawyers countered that the new criteria for awarding grants under the program, which they changed in May, was “reasonable” and consistent with HHS’s past practices and congressional intent. Under the new criteria, recipients for grants must either follow a “sexual risk reduction model” or a “sexual risk avoidance model,” which aim to curb or completely stop sexual activity among teens respectively.

Planned Parenthood asserted that HHS’s new approach “stigmatizes” teens who have sex and that it prevents them from informed decision-making concerning intercourse, according to Reuters. HHS argued, however, it does not favor “sexual risk avoidance models” over “sexual risk reduction models,” and that halting grants to organizations that do follow a sexual risk avoidance model would not serve the public good, since such organizations can put those grants to “good use.”

Planned Parenthood did not comment on the development.

HHS spokesman Mark Vafiades previously told the New York Times there is very little evidence that the TPP programs were working under the Obama administration model.

Vafiades said the evidence of a positive impact is “very weak,” and the Trump administration wants to support science-based programs that provide “youth with the information and skills they need to avoid the many risks associated with teen sex.”

SIGN THE PETITION! Congress Must De-Fund Planned Parenthood Immediately

In 2017, the Office of Adolescent Health issued two reports evaluating the program. Of the 38 programs examined in the report, only one “reported a long-term reduction in overall rates of teen sexual activity. Nearly all of the evaluations found no long-term difference in sexual activity, use of contraception, or pregnancy rates between students enrolling in these programs and students in control groups,” Dr. Michael New, a professor at Ave Maria University, wrote in 2017.

HHS also pointed to research indicating that 73 percent of the TPP programs under the Obama administration either had a negative impact or none at all.

Many parents become very upset when they learn Planned Parenthood teaches their teenagers about sex. School districts in North Carolina and Michigan recently rejected Planned Parenthood sex education programs because of a strong public outcry.

Planned Parenthood is the largest abortion provider in the United States, aborting more than 320,000 unborn babies every year. The abortion chain also teaches sex education in public schools across the country, and promotes risky sexual behavior to vulnerable young teens at its clinics.

Planned Parenthood affiliates received several million dollars in taxpayer funds through the TPP grants. Planned Parenthood of the Great Northwest and Hawaiian Islands received $1 million annually to target rural teens. Planned Parenthood of Greater Washington and North Idaho, as well as Planned Parenthood of the Heartland, also received grants of nearly $1 million each annually to promote their risky sex agenda to teens.