The End of Innocence
Thank God for Senator Lindsey Graham (R-SC), who delivered a blow for truth, justice and the American way before senate Democrats. In doing so, he exposed a problem in Washington that transcends the Kavanaugh-Ford hearings: the end of American innocence. To be sure, America should be a nation where women feel safe to speak up - but it should also be a nation where a man is not subjected to a gang rape of his character.
Let's agree any woman alleging any kind of sexual harassment or abusive behavior should feel safe when she reports it. America must emerge from years of gender inequality - because no woman should feel her career or reputation might be ruined by reporting unwanted sexual behavior. In a future perfect USA, this means women and men have a right to equal treatment as a cultural construct and under the law, including the presumption of innocence.
Judge Kavanaugh, of all people, knows he is entitled to a presumption of innocence; therefore, he countered the Democrat’s confirmation tactics with a strategic rebuttal. After citing fact-based evidence contradicting his accuser’s narrative, he called out the confirmation process as a “national disgrace” and Democrats that “have replaced advice and consent with search and destroy.” The judge knows he is under partisan attack by senators that promote guilt by mere allegation.
Anglo-American jurisprudence enshrined the presumption of innocence because it is the antidote to mob rule. What's the difference between the hundreds of angry screamers in the hearing audience and the lynch mobs of the American West? Not much. In the USA, Kavanaugh remains innocent until Democrats have proven his guilt. Proof the fix was in came from Senator Hirono’s (D-HI) words: “Look, we are not in a court of law. We’re actually in a court of credibility.” A graduate of Georgetown Law School, she knows that is untrue because congressional hearings have rules of evidence and precedents of due process in order to determine the facts before an ultimate decision is rendered.
Democrats keep spinning the “job interview” narrative because HR departments make decisions based on a mere preponderance of evidence; however, Congress’s decisions are based on a clear preponderance of evidence, which is a higher standard (though lower than US courts’ beyond a reasonable doubt standard). In short, Democrats must produce clear and convincing evidence; and, until they do so, Kavanaugh remains innocent of all allegations. I have yet to read, watch, or hear any of Kavanaugh’s four accusers present clear and convincing evidence. Remember, they have the burden of proof – not me.
I was moved by Christine Blasey Ford’s hearing Thursday because I am hard-wired to empathize with a tearful woman. I believe she is a troubled woman and feel sorry for her. However, my empathy is no substitute for clear and convincing evidence; therefore, the judge must still be presumed innocent. Furthermore, Democrats have not clarified or corroborated, and Ms. Ford’s story still has material gaps. To wit:
Ford remembers she drank “only one beer” but has forgotten how she got to the gathering or got home.
She mostly remembers who was in the house but has forgotten in whose home or where the house was.
She remembers what she was wearing but has forgotten how old she was and when the incident occurred.
She claims to have spoken to Judge and Smyth after the incident, but both have contradicted her under penalty of perjury.
She claims her then best friend, Leland Ingham, was in the house, but Leland Ingham Keyser’s lawyer released this statement: “Simply, put, Ms. Keyser does not know Mr. Kavanaugh, and she has no recollection of ever being at a party or gathering where he was present, with or without Dr. Ford.”
After many years, W&L’s honor system produced an interesting observation: Many complain of their memory, few of their judgment. In my mind, Ms. Ford's judgment is fair game: a decision to approach California Democrats to keep Judge Kavanaugh off the Supreme Court, a decision to oblige when Diane Feinstein kept the story under wraps, and a decision to use fear of flying to avoid interrogation by senate staff when she flies all the time (her polygraph was at BWIA right before she boarded a flight).
So - - where does this leave us. The Ford and Kavanaugh testimonies contradict one another, and the Arizona prosecutor (Rachel Mitchell) told the Washington Post she would not prosecute Judge Kavanaugh based on the evidence. The confirmation moved out of committee along party lines. President Trump has (thankfully) ordered a one-week FBI investigation into Ms. Ford’s story. We could have predicted this, right?
It should leave us saddened by Christine Blasey Ford. There is a dark cloud hanging over this woman, but she remains a weepy enigma. I understand the effects of trauma (been there myself), but I question her subsequent decisions and life’s trajectory. And I wonder: what kind of parenting leaves a child too frightened to confess to a single beer and a virtuous resistance? That was not a healthy household (just saying).
It leaves us with questions about Judge Kavanaugh, who has to survive a one-week FBI investigation. I still believe him to be a good man who deserves confirmation, but I cannot fault anyone who needs more information or who questions some of his claims. This is not a Republican police state.
It should leave Americans grateful for Lindsay Graham, who had a Mr. Smith Goes to Washington moment, calling out Democrats for their political bloodlust and Republicans for their lack of courage. He called upon conservative and moderate Americans to open their eyes to realize Democrats have trashed the process because they do not like the election results. I watched Graham speak Thursday with the logic and patriotism of Patrick Henry. He made me proud to be an American and a Republican.