Transcript of Graham questioning Kavanaugh then:
G: So when someone says post 911, that we've been at war and it's called the War on Terrorism.. Do you generally agree with that concept?
K: I do Senator, because congress passed the 'Authorization for use of Military Force' which is still in effect, and that was passed of course on Sept 14th 2001 - 3 days later.
G: Let’s talk about the Law in War. Is there a body of Law called the Law of Armed Conflict?
K: There is such a body Senator.
G: Is there a body of Law that's called Basic Criminal Law?
K: Yes Senator.
G: Are there differences between those two bodies of Law?
K: Yes Senator.
G: From an American citizens point of view, do your constitutional rights follow you? If you're in Paris does the Fourth Amendment protect you as an American from your own government?
K: From your own government, yes.
G: Ok, so if you're in Afghanistan do your Constitutional Rights protect you from your own government?
K: If you're an American and you're in Afghanistan you have Constitutional Rights as against the US Government. That's long settled Law.
G: Isn't there also long settled law that.. it goes back to Eisentrager case, I can't remember the name of it–
K: Yeah, Johnson vs Eisentrager.
G: Right. That American citizens who collaborate are considered Enemy Combatants?
K: They *can* be–
G: Can be–
K: They can be. They're often– they're sometimes criminally prosecuted, sometimes treated in the Military [sense?].
G: Lets talk about can be. I think the–
K: Under Supreme Court precedent, I just want to make– Yeah.
G: Right. There's a Supreme Court decision that American citizens who collaborated with Nazi saboteurs were tried by the Military, is that correct?
K: That is correct.
G: I think, a couple of them were executed.
G: So if anybody doubts there's a long standing history in this country.
Notable Graham's early questioning of kavanaugh Why does Graham, former military lawyer, question Kavanaugh about American collaborators against foreign powers? Quick summary of questioning Sept 14 Congress passed: Authorization of use of military force body of law: law of armed conflict body of law: basic criminal law american citizen in foriegn country still have american rights american combatants treatedly differently american collaborators tried with Nazis and hung Armed conflict law 4 Basic Principles (1) Distinction (2) Proportionality (3) Military Necessity – (4) Unnecessary Suffering – https://apnews.com/a1fcceda5e00bfa840afe5a82260c2ef U.S. Rep. Lindsey Graham’s military service record has been called into question because the Republican congressman, who never went overseas, calls himself as a Gulf War veteran. Graham’s Internet web site biography lists him as an Operation Desert Shield and Desert Storm veteran, although he never got closer to the war than McEntire Air National Guard Base near Columbia where he was a military lawyer. https://www.washingtonpost.com/world/national-security/for-lindsey-graham-years-of-light-duty-as-a-lawmaker-in-the-air-reserve/2015/08/02/c9beb9fc-3545-11e5-adf6-7227f3b7b338_story.html?noredirect=on&utm_term=.e42b32fc8c30 Sen. Graham moved up in Air Force Reserve ranks despite light duties https://www.huffingtonpost.com/2010/07/29/lindsey-graham-birthright_n_664030.html Lindsey Graham: ‘Birthright Citizenship Is A Mistake,’ ‘We Should Change Constitution’ https://www.postandcourier.com/news/palmetto-politics-u-s-sen-lindsey-graham-named-in-boston/article%5c_ec195412-a06f-11e6-aceb-0b7fb7a0ca48.html U.S. Sen. Lindsey Graham, R-S.C., was named the only Republican recipient of money from a major Democratic donor now facing scrutiny for some questionable campaign donation habits. According to the Boston Globe, the Boston-based Thornton Law Firm between 2010 and 2014 maintained a practice of giving what appear to be reimbursement checks to partners in the exact amounts they contributed to members of Congress who visited the office on fundraising stops. https://www.politico.com/story/2013/06/lindsey-graham-nsa-tracking-phones-092330 Frequent critic of the White House Sen. Lindsey Graham (R-S.C.) is defending the National Security Agency’s reported collection of millions of Americans’ phone calls, saying he’s more concerned about terrorism. “I’m glad the NSA is trying to find out what the terrorists are up to overseas and in our country,” Graham said Thursday morning on “Fox & Friends.” http://www.chicagotribune.com/news/nationworld/ct-lindsey-graham-bureaucratic-coup-fbi-20180923-story.html Sen. Lindsey Graham, R-S.C., said Sunday he believes "a bureaucratic coup" led by enemies of President Donald Trump is taking place at the Justice Department, and the senator asked that a new special counsel be appointed to investigate. https://www.cnn.com/2018/08/23/opinions/lindsey-graham-sells-out-jeff-sessions/index.html Sen. Lindsey Graham, formerly one of Trump's harshest critics, just paved the way for the post-midterm election fate of Attorney General Jeff Sessions, telling reporters on Capitol Hill that Trump is "entitled to an attorney general he has faith in." >>3230283
The democrats are NOT afraid of overturning Roe v. Wade. The Right of Privacy has been cited on over 350 SCOTUS rulings and it would be too much to overturn all of that. The democrats ARE AFRAID of a memo that came out in one of the last decisions over the summer where the role of a single Federal Judge (activist) being able to stop or overrule the Executive Branch was questioned as being unconstitutional. That is what Kav will go after. The SCOTUS will raise the standard for overruling the Executive branch to either a SCOTUS decision or a 2/3rds vote of both houses of Congress. The liberals are counting on finding one liberal judge somewhere to thwart Trump on everything. If that goes away, they are permanently screwed and the swamp can be drained.