Federal Observer
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September 3, 2010 Vol. 10, No. 245

Once Upon A Time there was a Senator named Jon Kyl....

Apologies to Benson

Part I: Judas Kyl & his 'Thirty Pieces of Silver'

Once upon a time in Arizona, there was a US Senator named Jon Kyl. He began his career as a lawyer, became president of the AZ Chamber of Commerce and eventually became AZ Republican Party Chair, ran for Congress and ultimately for the US Senate. He loved the power of being a US Senator, but there was something missing. Rather than having to run for re-election periodically trying to convince voters not to hold him accountable for his voting record, he really wanted to be a judge. Not just a county or state judge, but a federal judge with a lifetime appointment regardless of the outrageous decisions he might deliver or how blatantly he pandered to special interests or powerful politicians.

Accumulated "intelligence" over the past 2 years on Jon Kyl offers a credible motive for his sponsoring this travesty we call S-1348, the Kyl-Kennedy-Bush Amnesty for Illegal Aliens. Better yet, it passes what I call "The Judge Judy Test:" it makes sense.

At the April 2005 Minuteman kickoff, I first heard of Kyl's hopes for a federal bench appointment from a former AZ House member. Since then, I've encountered the belief dozens of times, not just from GOP insiders but also from politically-active citizens. So while Kyl's judicial hopes haven't yet made the pages of the Arizona Repugnant (Arizona Republic) or the East Valley Spitoon (East Valley Tribune), it's certainly no secret.

When I heard later in 2005 of Kyl's being chosen "Distinguished Citizen of the Year" by the University of AZ Law School Alumni, I thought "it really is falling into place." It's described on blog
http://www.democracycellproject.net/blog/archives/2005/03/we_dont_go_quie.html

Later that year in Scottsdale and in May 2006 in Sun Lakes, Kyl appeared at GOP-sponsored Town Halls where he was introduced as a front-runner candidate for appointment to the US Supreme Court! That he would bypass the customary federal "entry level" of district court judge might be a reflection of Kyl's "fast-track" expectations or perhaps just misunderstanding by the introducer. The important element is that Kyl didn't demur at all upon hearing the "introductory" predictions, which told me they were probably true. It won't take long to see proof - -less than 2 years remain in George Bush's authority to appoint federal judges. If Kyl is to get his seat on the federal bench, the deadline is January 19, 2009.

What's in "compromise immigration reform" for Kyl?
Kyl as Bush's Senate bag man on the Kyl-Kennedy-Bush Amnesty in return for the federal bench appointment explains why he's supporting something that offers Americans absolutely nothing except more empty promises of enforcement, virtually identical to what we heard in 1986.

George Bush is busily seeking a "legacy" to pretend for the history books that he accomplished something during the 8 years he spent in the White House. At this point, "illegal alien amnesty" is the best thing he can hope for. So it's clear to Kyl that delivering Illegal Alien Amnesty is the price he must pay for a federal bench appointment from George Bush.

During a "dot-connecting" conference call, several activists and I realized, "By Jove, I think we've got it."

The fix is in.
But George Bush isn't the only one saying "gimme" to Kyl for his federal bench appointment. All presidential appointments require Senate approval.

Knowing first-hand how difficult it's been for Bush's "conservative" judicial appointments to overcome filibuster by Senate Democrats, Kyl doesn't dare risk his appointment being stalled and eventually derailed like that of Robert Bork. Kyl knew he needed a little more insurance so chose the method employed so often by George Bush: pre-emptive action. "Ah," thought Judas Kyl, "what better way to insure they'll ratify my appointment than to give in to every demand they make on 'comprehensive immigration reform?' After I concede every ridiculous demand made by the illegal aliens, surely the Senate Democrats will ratify my federal bench appointment."

Whether Kennedy led the "immigration reform" poker game demanding a blank check from Kyl or whether Kyl just cut to the chase by emptying his pockets on the table with the first round isn't important. That Kennedy openly bragged to the Washington Post that "stakeholders" like National Council of LaRaza, MALDEF (Mexican-American Legal Defense & Education Fund) and LULAC (League of United Latin American Citizens) had "veto power" over the draft legislation reveals that the fix was in from the beginning. (2) I doubt that Kyl so much as cleared his throat during the closed-door sessions for fear it might be mistaken for opposition.

The irony of the whole thing is that the illegal alien advocacy groups are now claiming the legislation is too harsh! The fines are too expensive, the conditions are too harsh, the requirement that a head of household leave the country to apply for legal residence for the family is punitive because "it will separate families."

These people must think we don't know about the "waiver process" that they will tutor their illegal alien applicants to demand at every possible opportunity. Can't speak English? Get a waiver. Haven't held a job? Get a waiver. Don't want to pay the $5,000 "fine?" Get a waiver. In the unlikely event that DHS employees refuse any demand by illegal aliens, you can bet the illegals will have a list of pro-illegal alien congressmembers with phone numbers to intercede enabling them to gain legal status and/or citizenship.

Stay tuned for updates...
That Kyl and his Republican cronies in the "Gang of 12" will vote for passage of "compromise immigration reform" is almost inevitable. (And who knows, perhaps others in the "Gang of 12" (3) have arranged to collect their own individual "30 Pieces of Silver?")

The "Gang of 12" include "Chappaquiddick Ted" Kennedy (D-MA), Jon "Judas" Kyl (R-AZ), Lindsey "I Love LaRaza" Graham (R, SC), Mel Martinez (R, FL), Arlen Specter (R, PA), and Ken Salazar (D, CO). That Kennedy has already authored and supported TWO disastrous immigration bills in 1965 and 1886 should be enough to make anyone run, not walk from this "compromise."

As a junior senator, Salazar rounds up Democrats' support while Kyl works on the GOP side. Kyl is actually a stand-in for fellow AZ Senator John McCain's role in 2006; McCain is running for President and has learned that advocating illegal alien amnesty while a White House hopeful makes his candidacy hopeless.

Will President George Bush actually deliver to Senator Judas Kyl the federal bench appointment as promised, or will George Bush renege on his promise to Kyl as he has to the American people? And will Senate Democrats stick by their "dark of the night" deal to rubber-stamp Kyl's appointment, or will Kennedy renege leaving Kyl to face angry voters? I doubt if Kyl got anything from "Chappaquiddick Ted" in writing, so it's not like he can sue for breach of contract.

Why not present the question to Senator Judas Kyl the next time you phone his office to express your outrage of his despicable betrayal, especially Republican voters who believed his promises and voted for him last November?

If you call your Republican senator, ask if he's supporting the Bush-Kyl agenda while getting nothing for themselves: Kyl's bench appointment, placating Senate Democrats at any costs, and providing a legacy for George Bush? Doesn't seem likely for a politician.

Mention the issue on your local radio talk shows.

Kyl needs to be exposed for his self-serving motives and told that we won't forget his treachery when his appointment needs Senate ratification. If he thinks he's hearing new words from his constituents now, wait until we pressure our Senators to vote NO on his appointment. Senate Minority leader Mitch McConnell may find that American voters don't have the short memories he thinks we do.

I have no doubt that Kyl thinks he's entitled to his lifetime spot on the federal bench. After he paid his dues as AZ GOP Chair and "served" the people of the United States in Congress, but that's not his decision to make. (He didn't serve in Congress for 20 years as an unpaid volunteer; he collected a handsome salary plus benefits paid by the US taxpayer.) "We the People" decide who deserves the trust of being a federal judge, not some hack politician. Let Kyl come clean with Americans on why he betrayed us, and WE'LL decide what Kyl deserves.

If we've connected the dots wrongly, it won't be long until we know. If January 19 2009 arrives without Kyl's promotion to the federal bench, I and my fellow "dot-connecting" activists will be the first to admit it. But we're not holding our breath.

What I'm really eager to hear when Kyl's promotion is announced is all the current Kyl apologists who tell of his "service to the nation," his devotion to conservative principles, his honor and integrity--their list goes on ad nauseum. Will they continue to defend Kyl when it's clear he's suckered them and left them holding the bag while he collects his 30 Pieces of Silver and dons his judicial robes?

Part II: How Could Jon Kyl do this to us?

This has been a common cry from Arizonans recently. What they all have in common is forgetting the most important caveat on politicians' campaign promises: they were made by a politician, and not a statesman.

They would never have believed similar promises from John McCain; they just forget that Kyl and McCain are no different and trusted Kyl's amiable personality. When Kyl touts his ability to get people together to effect a compromise, they forget that he learned and polished the tactic as a corporate lawyer.

Since his "dark of the night" deal with Ted Kennedy producing the Kyl-Kennedy-Bush Illegal Alien Amnesty (S-1348), Kyl hasn't missed a chance to appear on TV and radio to try selling us an even bigger bill of goods. His sales pitch is pretty pathetic: Kyl tells us "this is the best we could do."

Americans aren't buying it, and neither did House Republicans on May 22: "This is the best deal we can get and we have to take it because we have no alternative." It sounds very much like the old "If rape is inevitable, relax and enjoy it" that has infuriated women with its callous disregard for violence and injustice. The same can be said of Jon Kyl's "inevitability" argument for amnesty.

If indeed Kyl is "the best we can get," that's why we have the recall process.

He's earned fair and square the anger of Americans, because he betrayed his 2006 campaign promise that he would oppose amnesty. Of course, his constituents were probably naive to expect Kyl to demonstrate the same "opposition" to amnesty that we would see from a TRUE conservative like Senator Jeff Sessions or Congressman Tom Tancredo. From Senator Kyl, it merely means that he would begin his comments at the "behind closed doors" surrender conference with "I oppose amnesty, so I'll sit back and let Senator Kennedy and his LaRaza and LULAC buddies put together whatever they want."

More than 30 pieces - Judas!

His apparent surprise at Americans' anger and vilification are amazing from a man who claims to be a churchgoer, because the Scriptures make that very clear "A disciple is not above his teacher, nor a slave above his master. ..If they have called the head of the house Beelzebub, how much more the members of his household." (Matthew 10:24).

Kyl knows that George Bush is despised for his refusal to enforce immigration laws, secure the nation's borders and insistence on granting amnesty to illegal aliens who have broken into the United States. Did Kyl REALLY expect that Americans would treat kindly anyone who serves George Bush's agenda? Certainly there can be no doubt that Kyl is the slave of George Bush!

Having said that, understand that I cite the principle, not the situation referred to in the Scriptures. Jesus was telling his disciples that if He were vilified and rejected by people, His disciples shouldn't expect to be warmly received and welcomed. Why Kyl thinks he shouldn't share a part of the anger directed at the President is a mystery, but it won't work.

Arizonans who wrote letters to Kyl in 2006 protesting the encroaching "one-world order" represented by the SPP (Security & Prosperity Partnership) received folksy form letters from KYL assuring them he would NEVER allow American sovereignty to be compromised, and that rumors that the SPP is a precursor to "one-world government" is just unsubstantiated rumor, much like urban legends or internet hoaxes.

Anyone who voted for Kyl after receiving one of those letters could no longer claim being unaware of what Kyl really represented. Their most likely rationale seems to have been (1) the old tired "he's the lesser of two evils," assuring themselves that for all Kyl's faults he was better than his opponent, liberal Democrat Jim Pederson, or (2) the equally old and tired "R" rationale, that "if he's a Republican, he must be OK because the Republican Party wouldn't espouse someone evil." I've heard many lament that they voted for George Bush in 2004 on that same rationale.

Kyl is a recognized George Bush puppet and has always supported illegal immigration despite his denials. (And what else would we expect from a former Phoenix Chamber of Commerce Chairman?) Since election to the US Senate in 1994, he's regularly sponsored legislation to obtain "federal funds" to pay border-state hospitals for the cost of illegal aliens' medical care. During George Bush's 2003 arm-twisting to pass Medicare Reform" in time for his 2004 re-election campaign, Kyl attached an amendment for $1 billion in "federal funds" to pay states for illegal aliens' medical costs. (The similar 2002 legislation he authored for that purpose was clearly going nowhere--it hadn't even received a committee hearing.)

Kyl has never authored bills to reimburse ME or any other American for illegal aliens' deterioration of our lives and our country.

During the 2004 Prop 200 campaign, Kyl refused to support the ballot initiative and claimed on the Laura Ingraham Show that the "text is flawed" but refused to give specifics when a caller asked for them ("I don't have the facts here with me.") Two successive follow-up fax letters were totally ignored. In the form letter I received after calling his Washington office and demanding to know why my letters were being ignored (the flimsy answers I heard merit an article in themselves.), I was told "Senator Kyl opposes illegal immigration but doesn't believe Prop. 200 is the way to oppose it." No mention of what text was "flawed," and my follow-up insistence that he specify the text in question remains unanswered 3 years after Arizonans voted its passage.

Kyl's authorship of the Kyl-Cornyn "guest-worker amnesty" may as well have been calles Kyl's "coming out of the closet" bill; it made Kyl's support for illegal alien amnesty undeniable.

At a May 2006 Town Hall where Kyl spoke, he was very careful to tell anti-amnesty citizens "I oppose amnesty" - something that meant nothing from him but that they would interpret to mean what they wanted to hear. Watching with a detached and analytical perspective, it was easy to picture him in front of a jury convincing them to render a decision in favor of his client, no matter how he had to spin the true facts.

But what clearly revealed Kyl's TRUE position on amnesty was the body English of his wife Caryll who stood in the back of the room with several others. Her head-shaking and whispering "Oh, no" whenever a speaker called for increased enforcement of current laws and deportation of illegal aliens told the whole story. Kyl introduced her to the audience before his remarks, but she remained in the audience rather than come to the front. Verifying that the head-shaking and whispering lady was indeed Mrs. Kyl was easy; her picture was accommodatingly posted on the homepage of his Senate website when this article was written http://kyl.senate.gov/. There's no doubt it was Caryll Kyl putting the kibosh on immigration law enforcement and illegal alien deportation, although I doubt she realized that she "spilled the beans" to those nearby.

Kyl and his staff should really give Mrs. Kyl a few lessons in stoicism if she continues to attend political events where her husband speaks. I certainly hope she doesn't get in high-stakes poker games.

During the 2006 vote on S2611 Amnesty bill, Kyl flip-flopped--voted YES on cloture (allowing the bill to bypass normal committee hearings and testimony) and then NO on passage so that he could claim during his re-election campaign that "I opposed amnesty."

How anyone could have voted for Kyl believing he really would oppose amnesty is a total mystery. Certainly the 6 members of our "congressional visiting team" who met with Kyl's Phoenix staff in May 2006 had no such illusions. When we countered Kyl staffer Craig Wismer's claim that "Senator Kyl opposes amnesty" with Kyl's real voting record, Wismer was silent for several seconds and finally stammered "I'll have to check and get back to you on that."

That we heard nothing from Wismer satisfactorily explaining Kyl's "speaking with forked tongue" surprised no one. We left Kyl's office with a clear understanding of Kyl's true position on illegal migration and how he would vote when the real day of reckoning arrived. Team member "Buffalo Rick" Galeener recently shared that experience with Neil Cavuto viewers.

For those so angry at Kyl for his betrayal, I can only offer sympathy and the caveat our team members recited before entering Kyl's office last May: "You can always tell a politician is lying if his lips are moving."

But I don't think we'd mind having been wrong this time.

Where does Kyl go from here?
It's clear that Senator Kyl is pondering how he changed his political future by abandoning his promised to conservative Arizona Republicans and how quickly was his crash (1). While Arizona RINOs defend Kyl, the conservatives who were his solid support base openly call him a betrayer and turncoat. Phrases applied to Kyl in the pat like "man of integrity" and "strong conservative principles" aren't likely to be attributed to Kyl again. Kyl is the latest Bush disciple exposed as a self-serving politician and political hack. Chances that Kyl might redeem himself and recover his former standing seem very remote indeed.

The historically short memories of voters that politicians count on won't save Kyl because those in question aren't average voters but instead the grassroots officers of the Arizona Republican organization at the precinct, district, county and even state level. Not only are these folks politically savvy, but they're politically engaged as well.

Something tells me these people won't forget. I guarantee I won't. At last count, I've personally received 21 messages telling me "You were right when you said Kyl would support amnesty. I/We didn't listen, but that won't happen again." I don't think the senders will forget either.

Will George Bush actually deliver the federal bench appointment Kyl hopes for? Appointing a "clouded" and controversial candidate is risky enough for a popular President let alone for one whose own approval numbers are less than 30% on a good day. Rejection by Senate Democrats would further humiliate George Bush. Should popular outrage against Kyl's appointment approach that expressed against Kyl's Amnesty Bill, other Senators (even Republicans) might find Kyl too controversial a candidate to support as an election year approaches.

Bush COULD evade Senate ratification with a "recess appointment" to the federal bench, but Kyl's accepting would be doubtful. Recess appointments are for one year only, and Kyl doesn't seem likely to resign a US Senate term with 5 years remaining to risk keeping a one-year federal judgeship. Even if a Republican occupies the White House after 208, will that new President be willing to take on a past President's political liabilities by making Kyl's appointment permanent? If a Democrat occupies the White House, chances of appointing someone with Kyl's conservative credentials and endorsements are slim and none. "Throwing in the towel" on illegal alien amnesty won't make him a darling of the liberals.

What might Kyl do instead when his current Senate term ends in 2013 at age 70? Returning to Arizona to be a state legislator or even governor would be a clear demotion. Even the Arizona Supreme Court doesn't come close to the influence or prestige as a federal judge or US Senator.

Of course, he could be a lobbyist for a Washington Beltway law firm as have so many former members of Congress. He's certainly comfortable in the back-room wheeling and dealing of law firm lobbyists, and remaining in Washington might be preferable to returning to Arizona to face every day the conservative Republicans who will never forget his betrayal.

That Kyl will vote YES on the Kyl-Kennedy-Bush Amnesty bill is a given. Will Kyl afterward begin groveling to "make nice" with Arizona conservative Republicans?

Time will tell.

~ NOTES ~

(1) "The ‘We can't deport all 12 million illegal aliens...’ Scam," The Federal Observer, February 5 2005,
http://www.federalobserver.com/archive.php?aid=9318

(2) "Latino Groups Play Key Role on Hill; Virtual Veto Power in Immigration Debate," Washington Post, May 16, 2007
http://www.washingtonpost.com/wp-dyn/content/article/2007/05/15/AR2007051502022.html

(3) "Gang of 12" mulls over immigration bill," Yahoo News/Associated Press, May 24 2007
http://news.yahoo.com/s/ap/20070524/ap_on_go_co/immigration_gang_of12

"Change on Immigration Turns Senator Kyl Into Lightning Rod," New York Times, May 29 2007,
http://www.nytimes.com/2007/05/29/washington/29kyl.html?_r=1&oref=slogin

May 27th & June 1, 2007

© S. J. Miller, 2007. All Rights Reserved

~ About the author ~

S. J. Miller is a former veteran of the IT industry who sought another career rather than "follow the jobs" abroad, and a lifelong resident of border states, California, Texas, Arizona, and Nevada.

"Published originally at FederalObserver.com: republication allowed with this notice and hyperlink intact."

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