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| Sen. Sheldon Whitehouse |
Perhaps many congress members, and the public, wish they had done a better job of watching this play out so as to prevent it.
What it has meant for the U.S. Supreme Court was detailed in a presentation by the Chair of the Budget Committee on the floor of the U.S. Senate on September 19, 2023:
"Transcript -- SO ORDERED. DULY NOTED. MR. WHITEHOUSE: ALL RIGHT. TO BUSINESS. I'LL CALL THIS MY LET'S SAY SPEECH. LAWYERS KNOW WHAT A HYPOTHETICAL IS. WE'LL TALK ABOUT SOME HYPOTHETICALS RELATED TO THE SCHEME TO CAPTURE THE COURT. LET'S SAY, MR. PRESIDENT, THAT YOU'RE A CREEPY BILLIONAIRE, AND IT IS YOUR PLAN TO CAPTURE AND CONTROL THE SUPREME COURT. TO TAKE IT OVER, JUST LIKE 19th CENTURY ROBBER BARONS WOULD HAVE TAKEN OVER AND CAPTURED THE RAILROAD COMMISSION THAT SET THE RATES FOR THEIR OWN RAILROAD. LET'S SAY YOU SENT MILLIONS OF DOLLARS, SECRET DOLLARS, TO THE FEDERALIST SOCIETY FOR IT TO FUNNEL MONEY TO ITS EMPLOYEE AND YOUR OPERATIVE, LEONARD LEO. LET'S SAY THAT LEONARD LEO GOT HIS CRED WITH YOU AND YOUR RIGHT-WING PALS WHEN HE HELPED YOU KILL THE NOMINATION OF HARRIET MIERS. A POLITICAL HIT JOB FROM THE FAR RIGHT AGAINST A REPUBLICAN PRESIDENT'S NOMINEE, WHICH PROUD OF NONE OTHER THAN SAM ALITO. LET'S SAY YOU ALSO SENT MILLIONS OF DOLLARS TO LEONARD LEO'S JUDICIAL CRISIS NETWORK, A FICTITIOUS NAME FRONT GROUP FOR ANOTHER FRONT GROUP PLAYING OUT OF THE SAME HALLWAY ON THE SAME FLOOR IN THE SAME BUILDING AS THE FEDERALIST SOCIETY. LET'S SAY YOU SENT JUDICIAL CRISIS NETWORK SECRET MILLIONS OF DOLLARS. CHECKS AS BIG AS $15 MILLION, CHECKS AS BIG AS $17 MILLION TO RUN ADS AGAINST MERICK GARLAND TO HELP MITCH McCONNELL BLOCK HIS CONFIRMATION BY THE SENATE. LETS SAY YOU ALSO SEND MILLIONS OF DOLLARS, SECRET DOLLARS, IDENTITY LAUNDERED THROUGH FRONT GROUPS LIKE 501-C-4'S AND DONORS TRUST WHICH EXIST TO SCRUB OFF YOUR IDENTITY FROM YOUR MONEY. AND THROUGH THE 501(C)(4)'S AND THROUGH DONOR'S TRUST THROUGH REPUBLICAN POLITICAL GROUPS LIKE SUPER PACS CONTROLLED BY -- MITCH McCONNELL. AND LET'S SAY WITH THOSE SECRET MILLIONS FUND INTO THOSE SECRET PACTS, YOU ACQUIRED LOYALTY AND OBEDIENCE FROM REPUBLICAN POLITICAL FIGURES. LET'S SAY THAT THAT WORKED. LET'S SAY THAT FOR YOUR MILLIONS OF DOLLARS TO THE FEDERALIST SOCIETY THE FEDERALIST SOCIETY ALLOWED YOU TO USE ITS NAME ON A LIST OF SUPREME COURT NOMINEES THAT YOU AND YOUR RIGHT-WING BILLIONAIRE PALS AND LEONARD LEO COOKED UP -- LEONARD -- LEONARD LEO COOKED UP, THERE WAS NEVER AN AGENDA ITEM, NEVER A VOTE, BUT A LIST FROM SOME BACK ROOM OF THE FEDERALIST SOCIETY PULLED TOGETHER BY LEO AND THE BILLIONAIRES THAT CANDIDATE TRUMP PROMISED TO FOLLOW. AND LET'S SAY THAT FOR THAT TRUMP PROMISE TO LET YOU SUPREME COURT JUSTICES, YOU AGREED TO HOLD YOUR NOSE AND NOT OBJECT TO TRUMP'S CANDIDACY. LET'S SAY THAT TRUMP KEPT THAT PROMISE AND NOMINATED YOUR CHOSEN ONES TO THE SUPREME COURT. AND LET'S SAY THAT WHEN TRUMP KEPT THAT PROMISE AND NOMINATED YOUR CHOSEN ONES, YOU SENT MILLIONS MORE TO THE JUDICIAL CRISIS NETWORK AND TO MITCH McCONNELL'S POLITICAL -- AND TO MITCH Mc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
(Watch the video on Youtube; all caps were in the computer generated transcript, bold added).
UPDATE: Inside The Ritzy Retreats Hosting Right-Wing Judges
The the next post in this series is here, the previous post in this series is here.