RE: Reflections: Innocent until Proven Guilty!
Ah. Truly the trial of the decade, as I recall, and to this day there are still people I know of (almost none of whom are US citizens, making me wonder what they claim to know or why they should care, much less why their views should matter) who try and claim that Kavanaugh should have been jailed, and when I ask "on what charge," they invariably look at me like I fell from Mars and ask "are you saying it's okay that he raped a woman?" The fact that this allegation of rape has almost no credible evidence never seems to enter their minds.
Frankly, I am in agreement that the attempt to steamroll Brett Kavanaugh (on the basis of allegations that were so glaringly obviously prepared by political opponents of the man who appointed Kavanaugh) was a sickening politicization of the US Justice System, which -at the risk of sounding trite- for all its flaws is still the excelsior among global judiciary systems. However, in a truly impartial justice system (as ours claims to be), even the devil has an advocate, if you'll forgive a small bon mot. Ergo, advocatus diabolii would like to cross examine the witness here.
Brett Kavanaugh had two major issues working against him.
The first, which you mentioned, is the nature of the accusations against him. While TV's Law and Order franchise isn't known for its accuracy, one of the few things they actually got right was a line in the title sequence of SVU: "in the criminal justice system, sexually based offenses are considered especially heinous." There is a school of thought (a highly flawed one if you want my view) that because these crimes are considered sicker than others, that even unproven suspicions of them should bear a consequence.
While I would consider that to be one of the most counterintuitive things I've ever heard (if anything, the severity of the accusations should heighten the burden of proof, given that the social stigma of being labelled a sex offender goes well beyond the courtroom or the jail; and further, if one's future can be destroyed by an unproven allegation then, well...), it is nonetheless a commonly held view in America, and this, unavoidably, put him under greater fire during the time the allegations were being made, even though the case against him eventually collapsed.
The second is a bit pricklier.
The law is built on the principle, as you rightly stated, that no one can be deprived of life, liberty or property without due process of law (with "due process" of course including a burden of proof beyond reasonable doubt which falls upon the accuser, rather than the accused). However, is an office one has not yet been sworn into, their property?
This is a question that has not been rightly settled, and there is precedent to ask it. Let's change the situation slightly. Let's say Kavanaugh was being appointed to a national security sensitive office, and the allegations made against him were of a nature that would have endangered national security. Even if he had been cleared, the very suspicion of the allegations would have cast enough doubt upon his credibility that it would have been deemed dangerous to appoint him to the office.
Put more simply, even if there is not enough proof for a criminal conviction, is it still prudent to withhold appointment to office based upon suspicion?
The most worrisome thing is that this question has yet to be clearly answered.
Now then, as I said, this is merely "Devil's Advocate." I am quite convinced that Ford's allegations were absolute nonsense, drummed up out of pure petulant spite and supported by the Democrat Party for purely political reasons in a glaringly obvious hijacking of the court system for political obstructionism, and the fact that a US legislator had the audacity (and showed the ignorance of our legal precepts) to claim Kavanaugh had to "prove his innocence" shows how dangerous it is for the ones sworn to uphold the Constitution to be so unaware of what is in it. The clearing of Kavanaugh's name after this absolute farce of a case against him was blown away, is the true fulfillment of justice. Christine Blasey Ford saw that someone she didn't like was appointed to a high office by a president she didn't vote for, so she made a pathetic attempt to defame him, and an equally petty political faction saw in this attempt an opportunity to advance themselves, and God-be-Thanked, it fell apart.
However, some perspective is also in order, in case a similar situation ever comes up where the evidence is not as cut-and-dry: not appointing someone to an office to which they have not yet been approved by the Senate, is not the same as finding someone guilty, and we need a clearer definition of what does and does not constitute deprivation of life, liberty or property.
Yes @patriamreminisci …
… absolutely correct, in my opinion. For reasons I won’t go into here, I certainly understand the “especially heinous” part, but … That does not justify being more … uhhh … “liberal” with how we apply the protections of due process of the law. As you rightly say, given the damage which can be done by simply throwing out an allegation, if anything, the standard should be higher still (not really possible …).
Amen! That is the heart of the matter, to this “old warhorse.” On the basis of an accusation alone, to attempt to justify turning our justice system upside down is incomprehensible to me. But … I no longer delude myself to think people like this care one whit about defending our Constitution. Even though elected to one of the highest positions of power and authority in the country based on it …
I am old enough to have “seen this movie” before and that was the destruction of the reputation of a good man – Robert Bork. His adversaries’ charges were never countered effectively nor with much (at least comparatively, when looking at the Kavanaugh hearings …) enthusiasm and / or conviction was it really even attempted. Why? No way to know, but if the thought was “our” sense of justice was somehow going to prevail and “win the day,” that was proven terribly wrong. That is why I put Edmund Burke’s well known quote in this post.
Today, we have President Donald Trump. While I have my reservations about the man, his willingness to go all out in defense of what he believes in wins my admiration and respect. Had he shown the same level of … uhhh … “enthusiasm” that Ronald Reagan showed for defending Robert Bork, I seriously doubt Kavanaugh would have survived the ordeal to which he was subjected.
I’ll close with just a quick challenge of the point you make about the position being filled having a bearing on the way an allegation should be viewed. To me, it should not matter. The adversaries (and they appear to be a large and growing “mob” and all that word entails …) of the U. S. justice system are already in “overdrive” in their attempts to have a “guilty” verdict rendered by public opinion as sufficient justification for all kinds of things. They cannot be allowed to become consistently successful. When the American people fail to hold those responsible accountable, then they are undermining their own liberties. A historic example of this being cited in this post as well …
Thank you for investing your time in commenting on this @patriamreminisci. As much as this is possible in your present circumstances, have a good day!