Think Like Maximus As We Fight for J Roberts

By smagar Posted in Comments (7) / Email this page » / Leave a comment »

Here's a little red meat (and some fun) for Redstate.

Soon the fight to confirm John Roberts will be joined.  Within a month, his hearings should have started, or be ready to start.  For those of us who will support the nominee, now's a good time to search for sources of motivation and inspiration.  Specifically, whose words and thoughts will fortify us, focus our efforts and steel our spirits in the trying and contentious weeks ahead.  Yes, Churchill pops readily to mind.  Let me suggest another folk hero, one whom Hollywood brought us just a few years ago:

General Maximus Decimus Meridius, servant of Emperor Marcus Aurelius and star of the box office hit Gladiator

Powerline reminded me of Maximus, as it told this story of Senator Chuck Schumer, exhibiting a bravado unsupported by the relative strength of his side's position on the Roberts confirmation fight:

IMPOTENCE DRUNK

A politician intoxicated by his own power can be frightening, but a politician drunk on impotence is mostly comical. Senator Charles Schumer, the leader of a group of 38 Senators at most, effectively declared himself the umpire of the Roberts confirmation process. Indeed, the Senator called two strikes on Judge Roberts yesterday, and warned of a third. (emphasis added)

The first alleged strike is the White House's refusal to provide memos that Roberts wrote when he was advising the U.S. solicitor general. The second strike is Roberts' apparent refusal to answer Schumer's questions about the merit of past Supreme Court decisions during their interview session, as well as his refusal to answer these kinds of questions during prior confirmation hearings. Schumer threatened to call a third strike if the Senate majority sets a confirmation schedule that would enable Roberts to take his place on the Court when it re-opens for business in October. Normally, three strikes means you're out. But in this case apparently it just means delay.

So that's the desperate Dems strategy. Create procedural disputes by demanding that the White House produce documents that every living former solicitor general has said ought not to be produced. Insist on answers to questions that Justice Ginsburg steadfastly refused to answer. Hope that this gets you enough traction to delay the process. Use the delay time to dig for dirt, as they tried to do with Robert Bork and Clarence Thomas.

As we ponder precisely how to deal with Team Reid, with its field general Chuck Schumer, I recommend we remember how Maximus dealt with a similar situation, at the beginning of Gladiator

The Roman army Maximus led was arrayed in battle formation on the plains of Germania, ready to assault the last stronghold of German warriors holding out against Roman rule.  Maximus sent an envoy to offer the Germans one last chance at surrender.  The Germans responded by sending the envoy's body, headless, riding back into Roman lines.  Then, to punctuate their defiance, a German warrior threw the Roman's head into the dirt, in full view of the Roman legions, while leading his compatriots in a battle cry.

"Some people just don't known when they're conquered," muttered one of Maximus' lieutenants, as he watched the spectacle.  "Well," said Maximus as he too watched, "I suppose we have their answer."

Did Maximus then turn to his commanders and say "Perhaps we've been too harsh in our terms with the Germans.  After all, we do want to live in harmony with them.  Let's send another envoy, with different terms.  For example, we could offer to leave them some of Germania for them to rule, not Marcus Aurelius.  I want to preserve the comity of the Empire."

No.  Undoubtedly remembering the advice of one of his lieutenants, that his men were lean, and hungry for battle, he swung up onto his horse, and told his second-in-command:  "When I give the signal, unleash hell."

Maybe "unleash hell" is a little too strong, but the general sentiment is right on.

In an admittedly-tortured analogy, President Bush's entreaties to Ted Kennedy for comity, and his hand extending on the education bill remind me of the doomed Roman envoy riding into Germanic lines.  Kennedy's rhetoric about "lie after lie after lie" on Iraq and "Abu Gharaib open again under US management" is much the same response as the German warrior throwing the Roman's head.

We have their answer.  Let's not pretend it's anything other than it is---a show of defiance, and a hunger for a fight.  They don't want comity.  And, neither should we.

The troops are hungry, Senate Republicans.  They've steeled themselves in the trenches of the 2004 election.  Unlike the Roman conscripts, though, we're all volunteers.  We're tired of an imperial court thumbing its nose at the expressed will of huge segments of the American population.  Ours is not a land ruled by judicial philosopher kings and queens.  It's a republic, ruled by the representatives the people elected.  Not small clusters of judges, here and there, who were selected to lifetime tenure.

They've come to this field, ready for battle.  Do NOT shirk from this fight!  Do NOT let a desire for comity with one's colleagues allow John Roberts to be defamed.  We're ready to back you and wade into this fight, but you must lead the way.  You were, after all, elected to do so.

Plus, we have the upper hand!  Remember what Churchill said:  Magnanimity in victory, not magnanimity before victory.  Powerline was right on.  Schumer is not in a position of strength. He's the head-swinging German warrior. (And, those of us who watched the movie KNOW what happened to him!)  Or, for those Civil War buffs amongst us, he's on Seminary Ridge, NOT Cemetery Ridge. The Dems are strong, but beatable. The Republicans have the edge, and can win this fight, if they stay focused and don't lose heart.

Let's have this battle.  Our troops are lean and hungry, and arrayed for this fight.  We did not come to these plains to smoke a peace pipe.  We came to start changing this Supreme Court.  If Schumer and Kennedy and Biden and Boxer and Dodd and Reid want a piece of us, fine!

Our watchword should not be "Kum Ba Ya."  It should be Maximus' adieu to his soldiers as he rode off to lead his cavalry into battle:  "Strength and Honor."

I hope you have as much fun reading and fisking this diary as I did writing it.

   

Quintus: "People should know when they are conquered."

Maximus: "Would you, Quintus? Would I?"

I think this is not a battle the Dems will fight, not because they are conquered but because Roberts does not seem to be the extreme nominee they feared.

As far as the analogy goes, I wanna be Maximus! But if you've already claimed the side of Rome, don't forget the power struggle and corruption that come next in the story. Rome lasted so long because it actually did give the people it conquered quite a bit of freedom.

But enough politics; thanks for choosing this frame for your diary. My favorite quote: "What we do in life echoes in eternity."

that the Democrats are going to try and thwart this nomination.

But I think your analogy is ill-chosen in at least one regard: Gibbon marks the beginning of the Decline and Fall of the Roman Empire with the death of Marcus Aurelius and the ascention of Commodus - a historical context underutilized in the movie.

Anyhow, not the best omen under which to join battle, forsooth! ;)

and the motivational value of the scene.  It's what we old Army types call a "hooah" moment.

I'll confess to knowing little of Roman Empire history.  And, I certainly wasn't trying to draw a parallel between Roman fortunes after Marcus Aurelius and GOP fortunes after John Roberts.

To be honest, I was just going for the shallow-but-satisfying hooah moment.

The light-heartedness of your post was evident and I was just having a little fun. And besides, I have a pedantic streak that despite my best efforts, gets the best of me once in a while. heh.

Anyhow, though the 3rd century was a little rough, Rome still had another 250 years left in it after Aurelius.

And, as a GOP partisan, it would be nice if the GOP Empire has even a tiny bit of the staying power of Rome's.  No need for a 250-year run...50-100 is OK with me.

From the AP (Hat Tip to Captain Ed; emphasis added).

On Thursday, the House approved a Bush-backed energy bill loaded with $14.5 billion in tax breaks, designed to boost U.S. production. The Senate was expected to approve it on Friday and the White House said Bush -- who has been urging a major change in U.S. energy policy for five years -- will sign it.

The House also moved toward expected approval of a Bush-backed $286.4 billion highway and transit bill, hailed by Republicans as capable of creating hundreds of thousands of jobs.

In his hardest-fought victory, Bush won House approval of the Central American Free Trade Agreement -- previously passed by the Senate -- late Wednesday night, on a 217-215 vote, overcoming heavy Democratic opposition and some GOP defections. The win was achieved only after last minute dealmaking and arm twisting by Republican leaders, and a roll call held open for an hour.

While the economic impact of the pact is expected to be relatively small, the political symbolism was large. Bush lobbied vigorously, including last-minute in-person appeals on Wednesday, and portrayed the measure as central to his goal of spreading democracy and freedom to combat terrorism.

Democrats remained combative -- but outmaneuvered.

People should know when they're conquered...Quintus, lieutenant to Maximus Meridius.

It's a good day in Redstate.

:)

Professor Steven Calabresi of Northwestern University is a professor I'd bet Maximus would like.  The professor is not thinking defensively, or of compromise, on the Roberts fight.

SENATOR CHARLES SCHUMER of New York has led the charge for Senate Democrats over the last several days in demanding the release of thousands of pages of highly confidential internal executive branch memos written by Supreme Court nominee John Roberts when he worked as a deputy solicitor general in the first Bush administration. These document requests are unprecedented in their nature and scope and call on the Bush administration to waive executive privilege and attorney-client privilege to a degree that no other administration has ever previously been asked to do.

Republicans are skeptical of the Schumer request and suspect the senator is on a fishing expedition to try to dig up something with which to oppose the hitherto unassailable Roberts nomination. Republicans have solid reason to suspect Schumer of this, since he was overheard saying on a cell phone that he was going to go to war against whoever the president nominated before Roberts was even nominated.

Evaluation of whether Schumer is or is not on a fishing expedition is impossible given the public record as it stands now. Accordingly, Senate Republicans and the administration should call on Senator Schumer to immediately release and make public all conversations and emails between the senator and his staff, between Schumer staffers and outside left-wing advocacy groups, and between Schumer staffers themselves relating to the Roberts nomination. Schumer should also be required to release phone records of all telephone and cell phone calls that were placed between his office and outside advocacy groups since the Roberts nomination.

It is critically important that these internal Schumer-office documents be made public to determine whether the senator's demand for the Roberts's solicitor general's office memos is a good faith demand based on a genuine concern about positions Roberts may have taken as an executive branch lawyer or whether the senator is on a fishing expedition, as his cell phone declaration of war leads many on the right to suspect. There is simply no way given the public record as it currently stands to determine whether Schumer's request even meets the threshold for deserving serious consideration. {/satire off}

(Emphasis added)

THERE!!!  Wasn't that so much better than having a GOP Senator or talking head go on a Sunday talk show to simply protest that Senator Schumer's requests were unfairly broad in their scope and smacked of clear intent to damage the nominee, instead of an innocent effort to fully exploring his views?

When the GOP does that, they're the batter at home plate, ducking the beanballs the other pitcher is throwing.  Sure, you can protest to the umpire, and grit your teeth and keep ducking as the beanballs keep coming.  The other team will keep throwing them if they suspect that the umpire (in this case, the MSM's political reporters) won't raise a stink.

Any Nats fan who's not obsessed with idealism can tell you how your team really responds in a situation like this.  In kind.  You have a pitcher, too.  And, the other team has to bat...including the other pitcher, Captain Beanball himself.  So, you throw a few brushback pitches HIS way.  Maybe the umpire tosses your pitcher.  OR, maybe the umpire decides he's more concerned with keeping some veneer of impartiality and personal respectability.  In which case, he decides to let All Beanballs Flourish. Now, BOTH sides are ducking.

I see Calabresi's WS article as a brushback pitch.  He admits that much of it is satire...but satire's effectiveness as humor comes from its having some grounding in reality. Schumer's ability to levy charges (or, throw brushback pitches) will be fettered to some extent if his teammates (or, fellow activists on the Left or in the Democratic Party) feel his actions might make them more vulnerable to fielding tough questions about their own partisanship and activities on the Roberts nomination.  If you feel the flow of the game makes it an obvious necessity to tighten down your batters helmet while settling in the batter's box, instead of a standard precaution, you might think twice about starting or perpetuating Beanball Wars in the first place.

Maybe, then, you have some pointed words with your own pitcher.  Words that take some of the sting off his fastballs.

It's important that Team Schumer not feel they can bombard Team Roberts from a bastion of security.  They need to feel incoming rounds, too.  I fear that most of the GOP leaders who, by dint of position or seniority will take the public lead in defending Judge Roberts, are too concerned about Senate comity to engage in this fight.  I expect they'll prefer to do their battles on the Sunday talk shows, by simply protesting the excesses of the Democratic attack instead of trying to thwart them.  Or, if we stick with the baseball analogy, they'll be content playing the manager who confines his response to incoming beanballs by vigorously protesting to the umpire, instead of winking/nodding to his own pitcher.

Sorry, Senator McCain.  This is the major leagues, and we're in the World Series.  If the other guy plays for keeps, so should we.  We need pitchers like Professor Calabresi.  Smart thinkers and writers who will point out the one-sidedness of the other team's arguments, and then press them vigorously.  We have Fox News, the WSJ, talk radio and the blogosphere--all of whom can bring heat.  So, let's bring it!

I'd bet that Maximus, if he was sitting in the dugout and calling the signs, would agree.

(From Rome to RFK in one sentence...how's THAT for a leap of the written word!  OK; time to take the dog to the vet).

 
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