I feel the need to pre-empt an argument I am certain will present itself as the nation debates whether a U.S. Supreme Court nominee assaulted a young woman when they were both in high school.
The argument will go something like this: Brett Kavanaugh is entitled to a presumption of innocence.
To which I will say: Oh, no he isn’t.
Christine Blasey Ford has accused Kavanaugh of sexual assault at a party in the early 1980s. She alleges that Kavanaugh put his hand over her mouth and sought to tear her clothing off.
He denies the incident happened.
Now, he is entitled to make all the denials he chooses to make. However, he isn’t standing trial for his alleged misdeed. The issue at hand is a purely political one: Should he be seated on the nation’s highest court? Donald Trump has nominated the federal judge to succeed Anthony Kennedy on the Supreme Court.
Ford then came forward to say, in effect, “Not so fast. The judge did something to me that needs to be reviewed.”
A second woman now has alleged a similar incident occurred involving Kavanaugh.
I am not passing judgment on Kavanaugh. I want to hear him defend himself. I want to gauge his body language. I also want Christine Ford to speak publicly about what she accuses him of doing to her, and I want to read her body language.
But I am not going to grant Judge Kavanaugh some phony presumption of innocence. He’s not on trial. He’s only trying to persuade the U.S. Senate to grant him a lifetime job.
John your misinformed & ignorant of the process. When defendant faces a criminal trial our constitution provides a number of protections because the governments power to take detrimental action against an individual citizen should be closely curtailed. Strict rules are appropriate. Kavanaugh faces the possibility of detrimental action st the hands of the government in a proceeding that requires sworn testimony. If he or any other witness lies under oath they could face perjury prosecution. The same protections and burdens on the government & the accuser is appropriate under our constitution.
You know I have great respect for you. I am not “ignorant” of the process. I know the difference between a criminal/civil legal proceeding and a political event. Judge Kavanaugh is not facing a court trial. He is applying for a political job. Therein lies my assertion that he is not necessarily entitled to a presumption of innocence the way he would were he a criminal defendant.