Did you know? The Patriot Post is funded 100% by its readers. Help us stay front and center in the fight for Liberty and support the 2024 Year-End Campaign.

October 4, 2018

By Not Being a Team Player, Flake Served the Nation

Preferring verbal felicity to practical wisdom, a character in a Benjamin Disraeli novel quipped, “A majority is always the best repartee.” Not really. Open societies that want to remain so should prefer persuasion to raw power, even the power of majorities. Which is why Republican Sen. Jeff Flake served the nation, its highest tribunal, constitutional morality and even his ungrateful party by not being a team player.

WASHINGTON — Preferring verbal felicity to practical wisdom, a character in a Benjamin Disraeli novel quipped, “A majority is always the best repartee.” Not really. Open societies that want to remain so should prefer persuasion to raw power, even the power of majorities. Which is why Republican Sen. Jeff Flake served the nation, its highest tribunal, constitutional morality and even his ungrateful party by not being a team player.

A minority of Americans are perpetually infuriated, and the Republican portion of that minority is furious with Flake because he used his leverage in a closely divided Senate to compel the FBI investigation of accusations against Brett Kavanaugh. Do enraged Republicans think the national interest, or even their party’s interest, would have been well-served if, with the embers still smoldering from Christine Blasey Ford’s and Kavanaugh’s testimonies, Senate Republicans had used their legislative muscle to shove Kavanaugh’s confirmation to completion by now?

In that case, Justice Kavanaugh — 20 percent of a majority on a court often divided 5-4 on contentious matters — would have served under a cloud of the suspicion that he got there only because his party would not countenance a reasonable delay that would enable the FBI to seek pertinent information. But how much of a delay is reasonable partly depends on what information is deemed pertinent.

Flake’s Republican denouncers accurately anticipated that the FBI investigation and Democrats’ complaints about it would begin simultaneously. Quickly abandoning their demand for one week, Democrats said that any time limit is “arbitrary” and, besides, is unacceptable because the FBI should follow any evidence relating to his “character” or “temperament.” This, however, surely is pertinent: Even before Ford’s letter alleging Kavanaugh’s sexual assault became public, and before some of his boldly categorical assertions to the Judiciary Committee concerning his high school and college comportment made those subjects pertinent, not one of the 49 Democratic senators announced support for his confirmation.

With mid-term elections impending, Democrats will soon say: “We should wait and let the voters be heard from.” This argument for a plebiscitary confirmation process is an argument that Republicans richly deserve to have turned against them. It is as anti-constitutional and unconservative as it was in March 2016 when it was concocted for use against the nomination of Merrick Garland. Had the Republican-controlled Senate confirmed him — he was manifestly qualified, moderate and 63 — today’s nominee to replace Anthony Kennedy could have been Neil Gorsuch. Are Republicans happy with the way things have worked out?

At this point in a cringe-inducing process that is not apt to become less so, one consideration is more important than all the other considerations — justice for her, justice for him, raising awareness about bad sexual behavior, etc. — combined: What best serves, or least further injures, the court’s institutional standing? Which is worse, confirming Kavanaugh, who diminished himself by his strident self-defense, or not confirming him, validating what has been done to him with as yet uncorroborated accusations.

Something might be salvaged from the current nadir, although not enough to compensate for damage already done. The FBI investigation might reveal nothing, or something, that definitively substantiates, or refutes, Ford’s or Kavanaugh’s sworn assertions. Flake bought time for this by acting like a senator. By, that is, recognizing that the separation of powers retains its vitality only when legislators are more interested in their Article One powers and responsibilities than in the preferences of any president.

In his book “Conscience of a Conservative,” Flake recalls when House Majority Leader Tom DeLay, R-Texas, said approvingly that the statue in the Lincoln Memorial depicts one of the president’s hands “in a perpetual fist.” Actually, neither Lincoln’s visage nor his left hand suggests pugnacity. The statue is, after all, situated next to the words “with malice toward none.” DeLay saw what he wanted to see early in today’s era of smash-mouth politics, when “confirmation bias” has several meanings.

In Robert Penn Warren’s “All the King’s Men,” the 1946 roman a clef about Louisiana’s Huey Long, the populist governor Willie Stark searches for something unsavory in a judge’s background: “Man is conceived in sin and born in corruption and he passeth from the stink of the didie to the stench of the shroud. There is always something.” And when an aide tells Stark that a particular act is beneath the dignity of a governor, Stark replies that “there ain’t anything worth doing a man can do and keep his dignity.” We should hope, against much current evidence, that this is not true.

© 2018, Washington Post Writers Group

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.