When I was young, I used to be told not to be “so literal.” This did not mean I should be more poetic. Far from it. It meant I had objected to a remark by adults for being factually incorrect. Since I didn’t learn my lesson, I’d like to be literal about a moment in the Kavanaugh hearings.
Democrats were up in arms because 100,000 documents from the nominee’s time in the Bush White House were declared off limits. Some of them the committee members could see, but they could not question Kavanaugh about them or reveal their contents to the public.
They were not classified or embargoed by the National Archives, which usually controls access to public records. Instead, Bill Burck, a Bush lawyer (and longtime friend of Kavanaugh’s), was assigned the task of vetting the papers. He was charged with protecting sensitive information, but also anything that represented “candid advice” from Kavanaugh. He has also represented Don McGahn, Reince Priebus, and Steve Bannon regarding special counsel Robert Mueller’s investigation. Talk about conflicts of interest.
This lawyer and this process looked a lot like an attempt to keep any facts regarding Kavanaugh that might imperil the nominee’s confirmation for a life appointment to the Supreme Court buried. Since he may also play a pivotal role in ruling on issues concerning the criminality of the man appointing him, Democrats, not unreasonably, thought this smelled rather rank and protested, though as the minority they had little power to get their way.
Finally, Sen. Cory Booker had enough stonewalling and decided to release one of the documents to the press. It had been claimed that its disclosure could threaten national security, but it hadn’t been marked classified by the FBI, CIA, NSA, Justice Department or White House, but by his old buddy Bill Burck.
Republican Sen. John Cornyn said Booker was violating a rule of the Senate and should be removed from office. Booker told Cornyn to “bring it,’ essentially daring him to do something about it. Thus, the august process of advise and consent had degenerated into schoolyard pushing and shoving. Booker also made a remark that has been much mocked since. He said this was his “Spartacus moment.”
The critics heaping scorn on this phrase implied that he was being uppity, which is probably a charge that should be used sparingly when the accused is an African American man, as Booker is. It was also implied that the junior senator from New Jersey had delusions of grandeur if he thought he was a world historical figure for leaking a piece of paper.
Orrin Hatch, 84, the longest serving Republican senator in history, or someone working for him who’s heard about the internet, tweeted “I knew Spartacus,’ echoing Lloyd Bentsen’s epic putdown of Dan Quayle when he compared himself to President Kennedy. “I knew Jack Kennedy. Jack Kennedy was a friend of mine. Senator, you’re no Jack Kennedy.”
But all this snark misses the point. Booker was not claiming to be Spartacus. He was alluding to the climactic moment of the 1960 film “Spartacus.” The slave revolt has been put down by the Roman legions under the aptly named Crassus. The rebels are offered a generous deal. They can point out their leader for execution and return to slavery or refuse and all be put to death.
To spare his fellows, Spartacus raises his hand and declares, “I am Spartacus.” But his followers refuse to abandon him. One by one, they step forward and say, “No, I am Spartacus.” Solidarity in their resistance to tyranny dooms them all to death by crucifixion.
Booker wasn’t vaingloriously comparing himself to brave Spartacus. Rather, when crass Cornyn threatened him wth expulsion for releasing a document clearly not legitimately classified by the government and not concerned with national security, his fellow victims of a tyrannical majority abusing its power spoke up. Sen. Durbin said, “If there is going to be some retribution against the senator from New Jersey, count me in.” So did Sen. Blumenthal, Sen. Hirono and several others.
This is what prompted a visibly moved Booker to say, “This is probably the closet I’ll ever have in my life to having an ‘I am Spartacus,’ moment.” Even sweeter, perhaps, the Republicans soon backed down and admitted the documents in question had already been released and were no longer “classified.”
But, like the Roman slaves, it was only a moral victory. The hearings soon ended. Kavanaugh was not forced to answer questions about the “classified” documents. Republicans have the votes, so a far right Federalist Society, originalist jurist will provide the Supreme Court with a majority able to overturn precedents, to ban abortion and gay marriage, to give more power to the executive, to permit gerrymandering, to eliminate legislative regulatory power, and limit protections for the lives, civil rights, voting rights and property rights of the poor and minorities.
If Trump and Kavanaugh get their way, the Court will also be able to prevent the president from being investigated or questioned by the Special Prosecutor, subpoenaed, indicted, prosecuted, or brought to justice. The principle that no man is above the law may wind up having its own Spartacus moment. But not in a good way.