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Media Tweets, the “Kavanaugh Pick” & Layering

July 10, 2018 by Jeff Carlson, CFA

The Left have worked themselves into a lather over President’ Trump’s nomination of Brett Kavanaugh as the next Supreme Court Justice.

In fairness, it wasn’t really about Kavanaugh:

When you pre-write your press release slamming Trump’s SCOTUS pick but forget to add the name…. pic.twitter.com/5GiEJXMHUR

— Alex Pappas (@AlexPappas) July 10, 2018

Following the announcement, a story was floated by NBC’s Capital Hill Reporter Leigh Ann Caldwell (Note: this tweet was later deleted – more below):

On Kavanaugh pick

Kennedy and Trump/WH had been in negotiations for months over Kennedy’s replacement. Once Kennedy received assurances that it would be Kavanaugh, his former law clerk, Kennedy felt comfortable retiring, according to a source who was told of the discussions.

— Leigh Ann Caldwell (@LACaldwellDC) July 10, 2018

In case Caldwell’s “ghost-tweet” is difficult to read:

Kennedy and Trump/WH had been in negotiations for months over Kennedy’s replacement. Once Kennedy received assurances that it would be Kavanaugh, his former law clerk, Kennedy felt comfortable retiring, according to a source who was told of the discussions.

Caldwell’s “story” was quickly picked up by her colleague, NBC’s White House Correspondent, Geoff Bennett”

Source familiar tells NBC that Justice Kennedy had been in negotiations with the Trump team for months over Kennedy’s replacement. Once Kennedy received assurances that it would be Kavanaugh (his former law clerk) Kennedy felt comfortable retiring – @LACaldwellDC & @frankthorp

— Geoff Bennett (@GeoffRBennett) July 10, 2018

As of this writing, Bennett’s tweet remains up.

Caldwell continued:

Furthermore, the five names Trump added to his list of Federalist Approved judges last November was to get Kavanaugh on that list. The other four names were considered cover, per source.

In other words: the decision has been baked for a while:
W/ @frankthorp

— Leigh Ann Caldwell (@LACaldwellDC) July 10, 2018

But then a delayed, and significant, caveat – thirty-eight minutes after she “broke” her story:

To be clear: This is from one source and dont have any info on whether potus talked to kennedy about a possible replacement.

— Leigh Ann Caldwell (@LACaldwellDC) July 10, 2018

Caldwell did attempt to provide some backup to her “story”:

Here’s Politico’s version: https://t.co/aBAPQ8fvaq

— Leigh Ann Caldwell (@LACaldwellDC) July 10, 2018

As usual, there was a problem:

Politico:

AFTER Justice Anthony Kennedy told President Donald Trump he would relinquish his seat on the Supreme Court, the president emerged from his private meeting with the retiring jurist.

Entirely different than Caldwell’s version.

These people revel in their dishonesty. https://t.co/8lKXgIA4gG

— Jeff @ themarketswork (@themarketswork) July 10, 2018

Meanwhile, Caldwell’s initial tweet rapidly spread:

If it is true that Kennedy negotiated the Kavanaugh pick with Trump, all his decisions should be called into question. And this would merit a congressional investigation. https://t.co/1VgxuJbfge

— David Corn (@DavidCornDC) July 10, 2018

David Corn is the author of the second Steele Dossier story.

Corn’s article was a completion of the circular reporting begun with the Isikoff article which was used in the Carter Page FISA Application.

Caldwell’s Kavanaugh story continued to gain momentum.

And her “reporting” was used to provide new layers of opposition:

This is why the Supreme Court should have term limits. The idea that Justices can leverage their lifetime appointments into power over who replaces them is ridiculous. https://t.co/pKFhZTdGMI

— Ezra Klein (@ezraklein) July 10, 2018

Which, in turn, was layered again:

CNN Legal Analyst: Framers Never Envisioned Supreme Court Justices Living Past Their 50s https://t.co/ZVvRoZNwQV

— Free Beacon (@FreeBeacon) July 10, 2018

Once again, narrative problems lurked:

Toobin thesis: SCOTUS lifetime tenure is bad b/c the Founding Fathers expected people to die in their 50s.

AGE OF FOUNDING FATHERS AT TIME OF DEATH:

G. Washington: 67
John Adams: 90
Thomas Jefferson: 83
James Madison: 85
John Jay: 84
John Marshall: 80

Jeffrey Toobin is a hack.

— Jeff B. (@EsotericCD) July 10, 2018

Anyone with a shred of common sense understood this:

The infant/child mortality rate drives down life-expectancy. If you control for that, suddenly the 40 to 50 year range becomes 70 to 80.

— William J. Upton (@wupton) July 10, 2018

But the layering continued:

Just a reminder: Justice Kennedy’s son made a billion dollars in loans to Trump from the Russia infested and sanctioned Deutche Bank. https://t.co/HVqLIAzmPm

— Neera Tanden ? (@neeratanden) July 10, 2018

Yeah. That never actually happened.

That’s because this is an insane conspiracy theory, and Tanden is a lunatic. https://t.co/hm2OtDFSUJ

— Charles C. W. Cooke (@charlescwcooke) July 10, 2018

FWIW: Charles Cooke is the Editor of National Review.

Of course, Neera Tanden knew both stories were nonsense:

She knows both statements are false. This…is the Left https://t.co/tMa6HCi5gC

— Jeff @ themarketswork (@themarketswork) July 10, 2018

Meanwhile, the damage was done:

Well done NBC pic.twitter.com/iq3PQZJAj6

— Stephen Miller (@redsteeze) July 10, 2018

Cooke summed the whole endeavor nicely:

How it’s done these days:
– Present incendiary idea as fact.
– Present another incendiary idea as fact.
– Add a hard “in other words . . .” conclusion
[wait a bit]
– Look, it’s one source and we have no information on whether this actually happened, but . . . pic.twitter.com/LvcDcFauzk

— Charles C. W. Cooke (@charlescwcooke) July 10, 2018

The thing is, NBC’s false reporting was effective:

Sorry folks, I usually don’t get too exercised about this sort of stuff outside the occasional flagging of it, but this one woman irresponsibly created and spread a toxic conspiracy theory that will be cited for years and years. To get the Hot Clickz.

— Jeff B. (@EsotericCD) July 10, 2018

“this one woman irresponsibly created and spread a toxic conspiracy theory that will be cited for years and years.”

Unfortunately so.

NBC’s White House Correspondent, Geoff Bennett’s original tweet:

12,000 + Retweets https://t.co/M7HxCwPinI

— Jeff @ themarketswork (@themarketswork) July 10, 2018

The count now stands at 16,000 retweets. And growing.

Bennett’s clarification:

32 Retweets https://t.co/fLtWjHFbhS

— Jeff @ themarketswork (@themarketswork) July 10, 2018

The clarification count now stands at 82.

I loathe the media.

I’ve deleted this tweet because it incorrectly implies a transactional nature in Kennedy’s replacement. I am told by a source who was not directly part of the talks that Kennedy provided Pres. Trump/ WH a list of acceptable replacements. (1/2) pic.twitter.com/ptxJmrbH9S

— Leigh Ann Caldwell (@LACaldwellDC) July 10, 2018

Oops. Silly mistake. I misspelled “propaganda arm of the DNC”.

newer post  President Trump, the NATO Summit & Some Hard Facts

older post  Supreme Issues – A Repost & A Reminder

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Filed Under: All Posts, The Left

Jeff Carlson is a CFA® charterholder.

He worked for 20 years as an analyst and portfolio manager in the High Yield Bond Market. He holds degrees in finance and economics.

He can be found on X (Twitter) at @themarketswork or on Substack at Truth Over News

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