Guest: Author, columnist, political scientist David Faris on all of that and on 'packing' the U.S. Supreme Court once Dems return to power...
By Brad Friedman on 9/5/2018, 6:44pm PT  

On today's BradCast: A stunning political upset in MA's primary on Tuesday, the Kavanaugh hearings continue, and a senior Trump Administration official drops an anonymous late day bombshell in the New York Times. [Audio link to full show follows below.]

First up today, primary election results out of Massachusetts, including the stunning, double-digit defeat of 10-term Democratic U.S. Rep. Michael Capuano by progressive challenger Ayanna Pressley. With no Republicans running in the state's 7th Congressional District this November, Pressley is set to become the first African-American woman to represent MA in the U.S. House.

Then, Judge Brett Kavanaugh dodges many questions as "hypothetical" --- including on whether a sitting President must respond to a subpoena and whether the Constitutional allows one to pardon to themselves-- from Democrats in the U.S. Senate Judiciary Committee on the second day of confirmation hearings for Donald Trump's nominee to fill the U.S. Supreme Court seat of retired Justice Anthony Kennedy. Kavanaugh also stumbled a bit when seemingly taken by surprise by a line of questioning from Sen. Patrick Leahy (D-VT) regarding about his knowledge of stolen emails from the Democratic Senator's office during the mid-2000s when, as a GOP operative, Kavanaugh was helping to shepherd George W. Bush nominees through Senate hearings. Leahy indicated that a number of emails still being protected as "committee confidential" for no legitimate reason, demonstrate Kavanaugh was aware of the ill-gotten information and lied about it during Senate testimony some years ago.

"There's a reason that Republicans don't want all of these documents released," argues my guest today, Roosevelt University political scientist DAVID FARIS, columnist at The Week and author of the recently published book It's Time to Fight Dirty: How Democrats Can Build a Lasting Majority in American Politics. He joins us to discuss all of the above, including his thoughts on the Democrats' strategy to oppose Kavanaugh's nomination and to continue his call, first published in his book this Spring, for Democrats, once they eventually regain control of the White House and both chambers of Congress, to "pack" the U.S. Supreme Court with enough new seats to create a Democratic majority to replace the one stolen from them by Republicans in 2016.

"We're still living in the dream palace of the previous normative order," he tells me. "And there's a lot of Senate Democrats who are clinging to the fantasy that if they adhere to Senate norms, then at some point in the future, we will return to what they see as regular order."

Faris discusses how Democrats might have fought harder or more effectively against Kavanaugh's nomination, while conceding they are most likely powerless to block his seating. "I think what's being revealed over the past two days is that they are stuck with a much worse nominee, with much greater baggage, than anyone understood," he says, before adding: "I wish I could say those revelations would be enough to have a couple of Republican senators vote against him, but I've really, over the last couple of years, just lost faith that there are even two people, two Republicans, in the US Senate who are willing to take a political hit to do the right thing."

He is optimistic, however, in describing what he sees as an incredible "generational transformation" of the Democratic Party over the past year or so, highlighted by the rise of more progressive, diverse and younger candidates vying for office, and details what he feels Democrats should do after the November midterms if they are able to regain control of one or both houses of Congress.

Finally today, just before we go off air, stunning breaking news of the anonymous op-ed by "a senior official in the Trump administration" published in the New York Times late on Wednesday. The remarkable column from a self-described member of a "quiet resistance within the administration" charges that Trump is unmoored from reality, that top officials must work to counter his "impulsive," "half-baked," "ill-informed and occasionally reckless decisions" in order "contain" the worst and most dangerous of them. The author also asserts that cabinet officials had, at one time, considered "invoking the 25th Amendment" to remove the Trump from office given "the instability many witnessed", but decided against it in order to avoid "a constitutional crisis". Wow.

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