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Context of 'May 28, 2009: Right-Wing Radio Host Says Supreme Court Nominee’s Rulings Could Be Affected by Her Menstrual Cycle'

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G. Gordon Liddy.G. Gordon Liddy. [Source: Robert Maass / Corbis]Following on the five guilty pleas of their fellow defendants (see January 8-11, 1973), the final two Watergate defendants, G. Gordon Liddy and James McCord, are found guilty of conspiracy, burglary, and wiretapping Democratic headquarters. [Gerald R. Ford Library and Museum, 7/3/2007] During the trial, the court hears damning testimony from confessed Watergate accomplice Alfred Baldwin (see Mid-January 1973) and former Nixon campaign treasurer Hugh Sloan (see January 23, 1973). As the trial progressed, the stolid solidarity of the defendants began to crack, with Liddy’s lawyer attempting to shift the blame for criminal actions onto E. Howard Hunt, who pled guilty three weeks before. McCord’s lawyer won little sympathy from the jury by attacking Judge John Sirica’s impartiality and competence during the trial. Prosecutor Earl Silbert, calling Liddy “the leader of the conspiracy, the moneyman, the boss,” told the jury in his final statement, “[W]hen people cannot get together for political purposes without fear that their premises will be burglarized, their conversations bugged, their phones tapped… you breed distrust, you breed suspicion, you lost confidence, faith and credibility.” He asked for “a verdict that will help restore the faith in the democratic system that has been so damaged by the conduct of these two defendants and their coconspirators.” The jury takes a mere 90 minutes to return its verdict. Sirica orders the two immediately jailed while he considers bail. [Washington Post, 1/31/1973; Reeves, 2001, pp. 567]

Entity Tags: John Sirica, Alfred Baldwin, James McCord, Earl Silbert, E. Howard Hunt, Hugh Sloan, G. Gordon Liddy

Timeline Tags: Nixon and Watergate

Tom Goldstein, a veteran lawyer who maintains the Supreme Court-focused, nonpartisan “SCOTUSblog,” writes that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) will be the focus of caricatures and character attacks from the right, just as Justices Samuel Alito (see October 31, 2005 - February 1, 2006) and John Roberts (see September 29, 2005) were from the left. Goldstein’s assessment is echoed by ABC’s “The Note,” an influential daily political newsletter. Goldstein, who has argued cases before the Court over 20 times, writes that barring some serious revelation of ethical violations, Sotomayor is almost guaranteed to be confirmed by the Senate, but before that, she will be subjected to attacks from what he calls “committed ideologues.” Few “mainstream Republican politicians will vocally join the criticism,” he predicts. In a political sense, it would be disastrous for Republicans to mount serious opposition to a Hispanic woman, or Latina. “To Hispanics, the nomination would be an absolutely historic landmark,” Goldstein writes. “It really is impossible to overstate its significance. The achievement of a lifetime appointment at the absolute highest levels of the government is a profound event for that community, which in turn is a vital electoral group now and in the future.” Such attacks would comprise “a strategy that risks exacting a very significant political cost among Hispanics and independent voters generally, assuming that the attacks aren’t backed up with considerable substance.” The attacks will come from any of four major areas, Goldstein predicts. [Tom Goldstein, 5/26/2009]
Attacks Led by Conservatives outside Congress - ABC’s Jonathan Karl agrees. He writes: “At the start, Senate Republicans will likely make innocuous statements about the need to thoroughly review her record, but make no mistake, GOP leaders, with a big assist from outside conservative groups, will wage a vigorous campaign against this nomination.… Senate Republicans don’t expect to defeat the Sotomayor nomination. But they hope to raise enough questions about the nomination to make it a tough vote for Democratic senators in more conservative states. They will also use the confirmation battle as an opportunity to motivate a demoralized Republican base” (see May 1, 2009). [ABC News, 5/26/2009]
Attacks on Sotomayor's Intellect - The first series of attacks, Goldstein writes, will focus on the claim that she “is not smart enough for the job.” He writes that this is a powerful line of argument with an equally strong potential for backlash, so it will be handled carefully and obliquely. Unfortunately for this position, he writes, “Sotomayor is in fact extremely intelligent.” She graduated at the top of her class at Princeton, and her judicial opinions “are thorough, well-reasoned, and clearly written. Nothing suggests she isn’t the match of the other Justices.” Goldstein’s predictions are reflected in a number of public columns and commentaries (see May 26, 2009, May 26, 2009, May 29, 2009, and May 31, 2009).
'Liberal Ideologue and Judicial Activist' - The second line of attack will be purely ideological, focusing on the claim that she is a “liberal ideologue” and a “judicial activist.” While Sotomayor would be on the left of the Court, Goldstein writes, she is hardly a radical liberal. She is very similar to the man she is slated to replace, Justice David Souter, as a moderate, centrist liberal. Her appellate opinions as reviewed by the Court put her squarely with the left-center wing of the current Court. Karl writes, “They will call her an ‘activist’ judge intent on making law from the bench, not interpreting law.” Their predictions are reflected in a number of public columns and commentaries (see May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 28, 2009, May 28, 2009, May 29, 2009, May 29, 2009, and June 3, 2009).
Intolerant of Positions Contrary to Her Own - The third wave of attack will claim, Goldstein writes, that she is intolerant of positions with which she disagrees. Proponents of this line of attack will focus on a decision she wrote that upheld affirmative action laws to the detriment of white firefighters, on a panel appearance in which she acknowledged that appellate judges sometimes make public policy, and a speech where she talked about the role her gender and ethnicity played in her decision-making. They will also focus, Karl notes, on a 2002 speech where she said the sex and ethnic origin of a judge can affect their decisions. Sotomayor said, “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life” (see October 26, 2001). “These reeds are too thin for that characterization to take hold,” Goldstein writes. The public “is easily able to accept a judge’s recognition of the lawmaking effects of her decisions and the influences of her background. There just isn’t any remotely persuasive evidence that Judge Sotomayor acts lawlessly or anything of the sort.” Goldstein’s predictions are reflected in a number of public columns and commentaries (see May 26, 2009, May 26, 2009, May 29, 2009, and June 3, 2009). [ABC News, 5/26/2009; Tom Goldstein, 5/26/2009]
Personality Characteristics - The fourth wave of attacks will characterize her as, Goldstein writes, “gruff and impersonable,” based on some excerpts from oral arguments and a few anonymous criticisms voiced in the “Almanac of the Federal Judiciary.” Sotomayor can easily quash these attacks with a few well-turned statements in the public eye. From his own experiences arguing cases before the Court, Goldstein believes Sotomayor is similar in demeanor and temperment to Justices Roberts, Souter, and Antonin Scalia. Goldstein’s predictions are reflected in a number of public columns and commentaries (see May 27, 2009. May 29, 2009, and June 3, 2009).
Missed Line of Attack - Neither Goldstein nor Karl write about the direct attacks on Sotomayor’s race and gender that some conservatives will launch (see May 26, 2009, May 26, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009. May 29, 2009, June 2, 2009, June 3, 2009, and June 5, 2009). Goldstein’s own analysis of Sotomayor’s rulings will thoroughly disprove the allegations of racial bias (see May 29, 2009).
Conclusion - Goldstein concludes, “All in all… her easy confirmation seems assured.” [Tom Goldstein, 5/26/2009]

Entity Tags: David Souter, Sonia Sotomayor, Jonathan Karl, US Supreme Court, Thomas Goldstein, ABC News

Timeline Tags: Domestic Propaganda

Right-wing radio host and convicted felon G. Gordon Liddy (see January 30, 1973) denigrates Supreme Court nominee Sonia Sotomayor (see May 26, 2009)‘s race and gender in comments on his show. Liddy refers to the Spanish language as “illegal alien,” and speculates that Sotomayor’s rulings may be influenced by her menstrual cycle. Liddy says: “I understand that they found out today that Miss Sotomayor is a member of La Raza, which means in illegal alien, ‘the race’ (see May 28, 2009). And that should not surprise anyone because she’s already on record with a number of racist comments.… Let’s hope that the key conferences aren’t when she’s menstruating or something, or just before she’s going to menstruate. That would really be bad. Lord knows what we would get then.” After making these attacks, Liddy then states his belief that the Supreme Court should not represent a diversity of Americans: “And everybody is cheering because Hispanics and females have been, quote, underrepresented, unquote. [T]he Supreme Court is not designed to be and should not be a representative body.” [Think Progress, 5/29/2009]

Entity Tags: G. Gordon Liddy, US Supreme Court, Sonia Sotomayor, National Council of La Raza

Timeline Tags: Domestic Propaganda

Republican National Committee chairman Michael Steele, guest-hosting William Bennett’s radio show, says that Republicans should not attack Supreme Court nominee Sonia Sotomayor (see May 26, 2009) over her race (see May 26, 2009, May 26, 2009, May 27, 2009, May 28, 2009, May 28, 2009, and May 28, 2009). Doing so risks damaging the Republican Party’s image, he says. Steele, who is an African-American, warns that the “liberal media,” and particularly MSNBC, will use the racially motivated attacks to paint Republicans as bigots. “MSNBC will rip everything we have to say up into shreds,” he says. “I’m excited that a Hispanic woman is in this position,” he says. Republicans should stop “slammin’ and rammin’” on Sotomayor, and instead “acknowledge” the “historic aspect” of the pick and make a “cogent, articulate argument” against her for purely substantive reasons. Steele says the party doesn’t want to “get painted as a party that’s against the first Hispanic woman” picked for the Supreme Court. Democrats have made similar attacks on conservative candidates in the past, Steele avers, and says that the “liberal media” gave Democrats an unfair advantage in such controversies. Steele does not mention two of the loudest voices in the racially-based attacks against Sotomayor, former House Speaker Newt Gingrich and conservative radio host Rush Limbaugh. Washington Post columnist Greg Sargent writes: “It’s a reminder of Steele’s predicament: He knows how badly these attacks are damaging the party and how neatly they play into the hands of Dems, but he can’t call out the leading figures launching those attacks, because that risks infuriating the base and feeding the meme that the GOP is hopelessly divided.” [Plum Line, 5/29/2009] Two weeks before, while hosting Bennett’s show, Steele had attacked Sotomayor’s intellect and personality, calling her “not a bell ringer” and “abrasive.” [Think Progress, 5/29/2009] A week later, while hosting Bennett’s show, Steele will say, “God help you if you’re a white male coming before her bench” (see June 5, 2009).

Entity Tags: Republican Party, Sonia Sotomayor, MSNBC, Greg Sargent, US Supreme Court, Michael Steele

Timeline Tags: Domestic Propaganda

Jeff Sessions (R-AL), the ranking Republican on the Senate Judiciary Committee, says he intends to be fair to Supreme Court nominee Sonia Sotomayor (see May 26, 2009) when she appears before the committee for confirmation to the bench. Sessions says he knows how it feels to be accused of racism (see May 26, 2009, May 26, 2009, May 27-29, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009, May 29, 2009, June 2, 2009, June 3, 2009, and June 5, 2009) because he weathered such accusations when he was turned down for a federal judgeship in 1986. As a US attorney in Alabama, Sessions had demonstrably shown bias during his prosecution of civil rights activists for voting fraud, called the NAACP an “un-American” and “Communist” organization, called a black attorney “boy” and warned him to “be careful what you say to white folks,” and expressed his admiration for the Ku Klux Klan. None of those assertions were true, Sessions now says, claiming he was “caricatured,” even though at the time, multiple witnesses made the claims. Then, Sessions says, he couldn’t counter “the message” that he was a racist. While he does not directly repudiate the accusations of racism leveled against Sotomayor, he recently told her, “You will get a fair hearing before this committee.” [New Republic, 12/30/2002; CNN, 6/5/2009]

Entity Tags: Senate Judiciary Committee, Sonia Sotomayor, US Supreme Court, Jeff Sessions

Timeline Tags: Domestic Propaganda

Former First Lady Laura Bush says some positive things about Supreme Court nominee Sonia Sotomayor (see May 26, 2009). On ABC’s Good Morning America, Bush says: “I think she sounds like a very interesting and good nominee.… As a woman, I’m proud there might be another woman on the Court. So we’ll see what happens, but I wish her well.” [Think Progress, 6/8/2009] Bush’s comments stand in contrast to some conservatives’ gender-based attacks on Sotomayor (see May 26, 2009, May 28, 2009, and June 5, 2009).

Entity Tags: US Supreme Court, Sonia Sotomayor, Laura Bush

Timeline Tags: Domestic Propaganda

Former President George H. W. Bush condemns the right-wing attacks against Supreme Court nominee Sonia Sotomayor (see May 26, 2009), speaking out specifically against the charges that she has racist tendencies (see May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 28, 2009, May 26, 2009, May 27-29, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009, May 29, 2009, May 29, 2009, June 2, 2009, June 5, 2009, and June 7, 2009). “I don’t know her that well but I think she’s had a distinguished record on the bench and she should be entitled to fair hearings,” he says. “Not—[it’s] like the senator John Cornyn said it (see May 28-31, 2009). He may vote for it, he may not. But he’s been backing away from these… backing off from those radical statements to describe her, to attribute things to her that may or may not be true.… And she was called by somebody a racist once. That’s not right. I mean that’s not fair. It doesn’t help the process. You’re out there name-calling. So let them decide who they want to vote for and get on with it.” [Think Progress, 6/12/2009]

Entity Tags: US Supreme Court, John Cornyn, Sonia Sotomayor, George Herbert Walker Bush

Timeline Tags: Domestic Propaganda

Melissa Harris-Lacewell.Melissa Harris-Lacewell. [Source: Melissa Harris-Lacewell]Melissa Harris-Lacewell, professor of politics and African-American studies at Princeton, attempts to explain the increasingly overt and virulent racism being promulgated by some conservative lawmakers, talk show hosts, and anti-health care protesters (see February 1, 2008, August 1, 2008 and After, August 4, 2008, August 19, 2008, November 18, 2008, February 24-26, 2009, April 7-8, 2009, July 24, 2009, July 25, 2009, and July 28, 2009). “[A]s a political scientist, you always want to start with the assumption that a political party, whatever choices it’s making are trying to seek office,” she says. She says one must assume that the racist rhetoric “is somehow a strategy of the right or strategy of an element of the GOP to somehow gain office either in the mid-term elections or more long term for the presidential race.” However, that is not the entirety of the reasons behind the rhetoric: “[T]he other part, I think, that I have maybe not been thinking about as carefully is that when we think about the history of race in America, sometimes we have to put aside the notion of strategy and just embrace the reality that race in this country has often brought out irrational anger, fear, anxiety, emotionalism. So it is possible that this is not actually a GOP or a conservative strategy but is instead really kind of an emotional tantrum on the part of some members of the conservative wing who really just are floundering as they look at a world that is changing so dramatically around questions of race.” MSNBC host Rachel Maddow expands on Harris-Lacewell’s point, saying: “I was with you on it being an irrational tantrum until I started to see the same very specific tactic used in very different venues about very different subjects, this idea of the person who is not white being the problem racist, being used against [Supreme Court nominee Sonia] Sotomayor (see May 26, 2009, May 26, 2009, May 28, 2009, May 28, 2009, May 29, 2009, May 29, 2009, June 5, 2009, and June 12, 2009)… being used against the president now, inexplicably, unrelated to any policy issue but just as a free floating critique of the president. And it does make me wonder about this as an overt political strategy.” Harris-Lacewell replies: “President Obama paused in the middle of the primary race to speak in Philadelphia about the question of race in America. And he set up sort of two possibilities, black anger rooted in a history of African-American inequality and white resentment rooted in a sense of kind of a loss of racial privilege. Now, I think in many ways it’s a very accurate assessment of sort of the ways that blacks and whites, not completely and not perfectly, but often perceive things quite differently. So I spent the month in New Orleans and Hurricane Katrina is a perfect example of this. Everybody in the country was mad but African-Americans saw the failures of the federal government around Katrina as a race issue. White Americans who were still angry about the failures of the government saw it primarily as a bureaucratic issue rather than a race issue. So here, you have these two groups with very different perspectives. Now, that made all the difference in being able to make policy. So I think that they’re hoping that these differences in how blacks and whites often see the world can be a perfect kind of wedge to use on health care, to use on education, to use on a wide variety of issues that, in fact, really—if we don’t fix health care, it is bad for all Americans. But if we can somehow kind of suggest that the president is just trying to do things that are good for black people and bad for white people, then it opens up that kind of possibility of anxiety, distrust, and different perceptions.” [MSNBC, 7/30/2009]

Entity Tags: Rachel Maddow, Melissa Harris-Perry

Timeline Tags: Domestic Propaganda, 2010 Elections


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