Trump’s most recent Supreme Court nominee, Brett Kavanaugh’s, vetting process now starts in high school. This would be at a time where the future jurist’s judgement was significantly less than today and during a period in which we all had very different standards. Does that mean he should get an “instant pass,” because of the timing of the alleged event? No, it just means the accusation — and the credibility of the person making it — deserves serious scrutiny.
People who believe they were victims of sexual misconduct should have every right to protection. There should also be consequences for those who have behaved inappropriately. However, there needs to be rights and protection of those being accused. “Due process” is defined by Webster dictionary as “fair treatment through the normal judicial system, especially as a citizen’s entitlement.” “Fair treatment” seems pretty illusive these days.
If a person defends themselves, accusers actually use those arguments as proof one is guilty. Or, worse still, they are accused of downplaying the importance of the #MeToo movement. Those who try to defend themselves against the now significant force of the #MeToo movement are like those who are asked (in the old cliche), “when did you stop beating your wife?” and cannot win no matter how they answer because of how the question is framed. It is lynch mob, crowd thinking, at its worst. Lee Kaplan is a long time member of the Democratic Party and is a prominent attorney. He is also a keen watcher of the court. He said recently during an interview (see below) on the Price of Business show that he believed that Kavanaugh is arguably the best the Democrats’ could realistically hope for when it came to a Trump choice of a jurist (and that he would ultimately be approved by the Senate). Kavanaugh also has a long standing record of supporting female advancement in the legal system. He is hardly an ideologue and has shown incredible independence in his decisions from those who appointed him (most recently before Trump, President George W. Bush).
Any person — female or male — who have had their lives disrupted by the powerful and abusive deserve to be protected. There also needs to be severe consequences for those who have behaved in such a way. However, we also need to protect the rights of those who are falsely accused. That is the American way. Kavanaugh has unequivocally denied any such incident has taken place. The veracity of the accuser needs to undergo the same challenge as the accused, if we want to truly practice justice in a free society..
