Your Tuesday Evening Brett Kavanaugh Nomination Ethics Train Wreck Report

http://www.youtube.com/watch?v=C1-Uitt1-yM

I. Let’s give a whole car to USC.

Nearly 100 students  attended a rally at noon on Monday demanding a tenured professor be fired after he sent a reply-all email last Thursday to the student body noting that “accusers sometimes lie.”

Professor James Moore, a tenured professor at the University of Southern California, replied to a campus wide email fatuously demanding that students  “Believe Survivors” on the day of Christine Ford’s testimony with a reply-all message that…

“If the day comes you are accused of some crime or tort of which you are not guilty, and you find your peers automatically believing your accuser, I expect you find yourself a stronger proponent of due process than you are now.”

For a teacher, this was a responsible and important point to make. It is also undeniable, except in dishonesty, ignorance and hysteria. So what was the campus response?  Hundreds of  emails from “concerned” students and alumni condemning the engineering professor. USC students Audrey Mechling and Joelle Montier  organized a Facebook rally against him, entitled “Times Up for James Moore.” Nearly 100 students gathered to shout, “Times Up, No Moore!” The crowd then paraded its bias and ignorance, and marched  to the office of Dean Jack Knott. He, of course…

...sided with the protesters...

“What [Professor Moore] sent was extremely inappropriate, hurtful, insensitive. We are going to try to do everything we can to try to create a better school, to educate the faculty,” said Dean Knott to the crowd. “This is going to be a multi-pronged effort. We are going to have a faculty meeting later this week around implicit bias, sensitivity towards [sexual assault]….”

That’s academia today! At Georgetown, a professor tweets that white males should be killed and castrated, and the administrators shrug and say she has a right to her opinion. AT USC, a professor corrects  indefensible cant that rejects basic ethical and judicial principles, and a dean says that he must be punished.

People actually pay to send their children to be warped by these places.

II. Let’s always believe survivors who know how to beat lie detectors.

The fact that Dr. Ford had been declared “truthful” in her polygraph test was always one of the worst reasons to believe her, but now that test throws legitimate suspicion on her account. The machines are notoriously unreliable, but the argument was that the fact that Ford was eager to take the test indicated her confidence in her account. Today, Fox News received this letter from a man who claims to be Ford’s ex-boyfriend:

Of course, it could be completely innocent that a woman who suddenly dredged up a forgotten alleged incident just in time to use it to derail the confirmation of a SCOTUS nominee her party opposes and submitted to a lie detector test as evidence of her veracity considered herself an expert on beating lie detector tests.

III. Ethics Hero meets Ethics Dunce Continue reading

Ethics Morning Sickness, 9/29/2018: The Ford-Kavanaugh Hearing Hangover

According to several sources, Republicans not only have the votes to confirm Brett Kananaugh,  a couple of Democrats may even join their ranks. If true, that’s amazing, and also the most encouraging piece of news I’ve heard since Aaron Judge went on the Disabled List.

I don’t have any special fondness for Brett Kavanaugh, and I have no stake in his confirmation. All I have ever cared about is having outstanding, smart, analytical judges on the Supreme Court. I was thrilled when President Obama nominated Elena Kagan, who fits that description; depressed when he appointed touchy-feely mediocrity Sotamayor, lowering the quality of judicial talent so he could check off a diversity box, but then, that’s Obama. Justices like Blackmun, Souter and Kennedy, all appointed to skirt controversy rather than to ensure a competent Court, do subtle, long-lasting damage to our laws. Aggressive, thoughtful, brilliant jurists like Scalia and Ginsberg keep the third branch of government strong. Kavanaugh is undeniably the kind of qualified, experienced judge who has always been routinely confirmed by the Senate regardless of the President nominating him or his party affiliation. What the Democrats and their allies among activist and the news media have done to Brett Kavanaugh is more than wrong; it is very dangerous, and threatens further the basic comity and respect without which no democracy can function. The treatment of Kavanaugh, which I have discussed in detail elsewhere—the demonizing, the fear-mongering, the character assassination, based purely on an unremarkable judicial philosophy—continues down a slippery slope, already greased by “the resistance,”  that ends in civil war.  The Democrats will only turn away from this disastrous path when they conclude that it won’t work, that the American public rejects “the ends justify the means” as an operating strategy. There are signs that the Democratic Senators televised conduct during the Kavanaugh hearings may be a tipping point. I hope so. I’ll believe it when I see it.

Nothing much has changed in my assessment since I wrote this post ten days ago. I still don’t believe or disbelieve Ford or Kavanaugh. There is no basis on which to believe either of them, but the accuser has the burden of proof, and as was true ten days ago, she can’t meet it and didn’t meet it. Nobody confirms her account. She cannot provide specifics, even as to where the alleged attack occurred, who held the party where it allegedly occurred, or an exact date, making investigation nearly impossible. Her parents, who are alive, have not confirmed her account; apparently she didn’t even tell them about the incident. Her testimony was convincing. So was Kavanaugh’s. Those who say “they believe” either party might as well have a “Bias has made me stupid” sign on top of their head. In yesterday’s New York Times, a full page ad listed thousands of names of men proclaiming “We believe Anita Hill. We also believe Charistine Blasey Ford.” All they are doing is virtue signaling for their pals, proclaiming their partisan affiliation (believing Ford is required to save abortion, and depending on which hysterical activist or pundit you listen to, female suffrage, gay marriage and the continued abolition of slavery), and or proving that they lack the power of critical thought.

I’ll have to sort through all of the logical fallacies used against Kavanaugh later: I’m sure a new rationalization for the list or twelve is in there. For example, I have been told and read that women believe Ford because they know other victims of sexual assault who never reported it. But that doesn’t justify believing Ford! It indicates that the fact that she waited all this time, until evidence was gone and memories faded, to suddenly make her accusation when it was most politically useful to her party doesn’t prove she isn’t telling the truth, but it doesn’t make it any more likely that she is, either. A commenter yesterday suggested that there should be more sympathy and accommodation for victims who are afraid to come forward soon after a sexual assault. “I would like to remind you that women often are not able to speak out against harassment until long after the fact because they are afraid and unable,” she wrote. I replied,

Then they lose their chance. There are a lot of things in life like that. If I’m reluctant to speak up and challenge a mob harassing a US Senator while he’s dining with my family, I can’t wait 20 years and do it then, can I? If you are afraid to report a community criminal when you have evidence against him because you’re afraid to snitch, it’s no mitigation to report the evidence after more people have been hurt because of your delay. How about women who don’t stop their boyfriends from sexually molesting their children because they are afraid? Is it acceptable that they wait until the Statute of Limitations has run, the damage has been done, and the kids are grown and molesting children themselves before they speak up?

You don’t have to remind me of the dilemma. I’m sorry, but I am really sick of this argument…It’s an excuse and a rationalization. It makes fairness and due process impossible, and it allows false accusers to manipulate others. Three decades? Holding a complaint until the exact moment when it can’t be defended against AND will do the most damage?

It’s explainable, perhaps, but it isn’t ethically excusable.

Continue reading

Noonish Ethics Warm-Up. 9/27/18: “You’re The Bad Guys,” Cont.

Hi!

1. Unethical in its simplicity. An esteemed commenter insists, “Any witnesses who allege that Kavanaugh assaulted them should be allowed to testify.” This is either naive (incompetent) or intellectually dishonest. The Democratic Party’s stated objective is to delay a confirmation vote until after the Fall election, in the Hail Mary hope that the Senate will flip to them. There should be no question that the party, now thoroughly corrupted by a mindset holding that anything—lies, character assassination, perjury, misrepresentation, defiling of due process—is justified if it will protect abortion rights and its own power, would manipulate such a rule for political benefit, would recruit an endless series of politically motivated accusers if it could accomplish the objective of running out the clock.

The “any witnesses” flaw was amply demonstrated by yesterday’s fiasco. “New Kavanaugh allegations!” my late TV news screamed. By this morning, the entire story had fallen apart, and yet that ridiculous account (an anonymous woman claimed she was assaulted on a boat in Newport by a drunken “Brett” and friend, so an anonymous man beat them up) added to the designed false impression that multiple, verified, credible witnesses were confirming that Brett Kavanaugh is, as that same esteemed commenter has suggested, a serial sexual predator.

A witness whose claims are raised in a timely manner (that is before hearings begin allowing time for investigation and a response from the accused), whose account meets minimum standards of plausibility, whose accusation involves conduct relevant to a nominee’s fitness to serve, and whose story did not occur so long ago that verification or rebuttal is impossible, should be allowed to testify.

Those qualifications eliminate all of Kavanaugh’s accusers, as well as Anita Hill. Continue reading

Morning Ethics Warm-Up, 9/21/18: “Ho Ho Hey Hey!”

Good morning!

1.  Oh! You’re bigots and fools, then! Got it. I was watching a mob of—I don’t know, feminists? The “resistance”? chanting yesterday at the Senate: “I believe Anita Hill! I believe Blasey Ford!” I believe that the only reasonable translation of this particular chant—all chants make protesters sound dumb, some chants more than others; at least this one doesn’t start with “Ho ho, hey hey!”—is “I believe whatever story supports my political agenda, and I believe people according to what they are, rather than based on any objective criteria!”

I guess it’s not sufficiently catchy.

2. In case you aren’t nauseous enough...Former NFL quarterback Colin Kaepernick will be one of the eight honorees of Harvard University for their contributions to black history and culture, the university announced yesterday.

Kaepernick, distinguished for his incoherent on field protest  during the national anthem, instantly setting off the NFL’s version of  #MeToo, as in “I want make my own pointless, annoying protest that I can’t adequately explain!,” thus costing the NFL fans and billions of dollars, will receive the W.E.B. Du Bois Medal from Harvard’s  Hutchins Center for African and African American Research. The deliberately divisive honor to Kaepernick, who favors socks with cartoons of pigs in police uniforms, is apparently the work of Henry Louis Gates Jr., director of the Hutchins Center and Barack Obama pal. You may remember Professor Gates as the race-baiting catalyst for Obama’s “beer summit,” after Gates impugned the character of a Cambridge police officer. No personal agendas here!

The award supposedly honors individuals who “Emerging from a variety of backgrounds and professions…represent the quest for knowledge, freedom of expression, and pursuit of truth that are foundational to black history and culture, and that were foundational to Du Bois as a thinker and activist.”

Yup, that sure sounds like Colin Kaepernick!

3. Ed Whelan, call your ethicist! Ed Whelan, an attorney and president of the conservative Ethics and Public Policy Center, upped the craziness quotient in the Kavanaugh confirmation process and took a First Class seat on the Brett Kavanaugh Nomination Ethics Train Wreck by announcing that Ford’s accusation from three decades ago was based on mistaken identity, and that another student, whom Whelan named and thoroughly doxxed, along with publishing his yearbook photo, was the real alleged assailant.

Well, you can’t just accuse a random private citizen of sexual assault, or even alleged, unsubstantiated sexual assault while a drunken high schooler. I know Ed went to Harvard College and Harvard Law School, but even then, he’s no idiot. I have to believe that this isn’t just an unfounded accusation, because  Ed knows that he’s asking for a lawsuit if it is. He wrote:

“By one week from today, I expect that Judge Kavanaugh will have been clearly vindicated on this matter. Specifically, I expect that compelling evidence will show his categorical denial to be truthful. There will be no cloud over him.”

Whelan has to deliver on a statement like that, or have his own reputation permanently scarred. The only explanation I can come up with is that Kavanaugh’s  twin has already agreed to admit to being at the infamous party and having some kind of episode involving Ford. Of course, there will be no reason to believe him, either.

Still, I may go to the Senate and chant, “I believe Brett Kavanaugh, I believe his secret twin!”

Just for fun. Continue reading

The Attack Of The Unethical Women

I had pretty much concluded that Christine Blasey Ford was contemptible based on her willingness to impugn a public servant’s integrity, derail what should be an orderly and fair political process, and manipulate the U.S. Supreme Court’s membership using a three decades old allegation that involved, at worst, teenage misconduct. She did this with full knowledge of how #MeToo has unjustly harmed other men simply by raising unprovable rumors and characterizations. In fact, it seems clear that she chose her course of action knowing that she could harm Brett Kavanaugh the same way. If the allegation was politically motivated, as I strongly suspect it was, she is unethical and despicable. If the motive was late vengeance for a teenager’s indiscretion, she is unethical and despicable.

Imagine someone you may have harmed when you were an immature teen. That individual never calls you to account, privately or officially. She never urges you to apologize, accept responsibility, or make amends, or gives you an opportunity to do so. No, she maintains the grievance in escrow, to bring it out years or decades later when the accusation will not only do the most damage, but will also be impossible to defend against. What a cruel, horrible, inhuman way to treat anyone.

First Ford attempted to harm Kavanaugh anonymously. Then, when that wasn’t going to work, she announced her accusation in the news media.

What is being ignored by all those rationalizing Ford’s actions is that that the harm to alleged wrongdoers is magnified and multiplied the longer a victim delays calling for accountability. If Kavanaugh did what he is alleged to have done, he should still have the right to deal with the consequences, accept punishment if any, and be able to get on with his life, set a straight course, and prove his character and values as an adult. Wouldn’t anyone want that opportunity? Shouldn’t any 17-year-old miscreant have that opportunity? As I have already noted, Ford’s conduct is an anti-Golden Rule monstrosity.

It also creates the equivalent of ethics toxic waste. In a just society, nobody is pronounced guilty until guilt is proven, and nobody is publicly accused unless the offense is provable.  A prosecutor who knows that there isn’t evidence to convict someone of an offense is violating prosecutoral ethics to bring charges. Ethically, the principles follow. If you cannot prove an accusation, if all you have is your word and nothing else, if there is no chance that any evidence will arise that supports your version of events, you must be, at very least, absolutely certain that you are correct. Ford cannot be 100% certain. Not after more than 30 years, and especially after a long period in which she says she had forgotten about the alleged episode. There are many, many memorable episodes in my life, and I have always had a remarkable memory for events I witnessed or took part in. Such memories, however, shift and blur over time. No 30 year-old memory is 100% reliable, and because we, well, those of us who are fair and honest, know that is true, no 30-year memory should be employed as a weapon or personal destruction. Ford’s memory is both destructive and impossible to defend against exactly because it is so old. Continue reading

Insomnia-Triggered Observations On The Blasey Ford-Kavanaugh Disaster

I don’t know if it is my usual sleeping in a hotel problem, my typical anxiety before an early morning ethics presentation, or the nauseating reality of what Christine Blasey Ford and the Democrats have inflicted on the political system and cultural norms of basic fairness and decency that has me awake writing a post at 5 am. I have my suspicions, though….

  • Judge Kavanaugh spoke to the Senate Judiciary committee via phone yesterday afternoon about the accusation of a three-decades old sexual assault while he was a prep school student. The committee Democrats refused to participate. I can’t reconcile this with a good faith effort to be fair to the nominee. Can you? It seems that the Democrats, having already made it clear that they will not vote for Kavanaugh for partisan reasons, have no compunction about making it clear that the allegation is just a convenient tool to engineer his defeat. They don’t really care about whether it is true or not.  It is simply a means to an end.

Is there any other conclusion?

  • Professor Rosa Brooks of my alma mater Georgetown Law Center (which has been embarrassing me a lot lately) pretty much sums up my position in a series of tweets. She writes:

I oppose Kavanaugh’s nomination, think senators should vote no based on his judicial record, but am uncomfortable with asserting that his behavior as a teen tells us anything about his “character” now. Yes, even if his behavior as a teen included doing exactly what Ford says he did. This is because….I don’t think teen behavior is predictive of adult behavior, and I am also skeptical of the very idea of “character” as we use the term in American politics. And……. there is a ton of solid research on the general idiocy of teenagers, especially teenaged boys, and the neuroscience that explains their general idiocy….as a lawyer I also think there are sound reasons behind statutes of limitations. After 35 years it is nearly impossible to conduct a full or fair investigation….This does not mean I consider sexual assault “excusable” or “minor.” It just means that I think the bad behavior of minors should be treated differently than the behavior of adults, and that adults should not be shadowed forever by misdeeds as children.

Bingo.

Sadly, the prof’s inner progressive asshole could not remain hidden for the duration of her tweet-storm. I emphatically do NOT concur with her final observation in the last set of tweets, in which she confirms that she is a hyper-partisan bigot who just had a brief, uncharacteristic moment of ethical clarity:

Kavanaugh’s accuser nonetheless deserves to be treated with dignity and consideration; belittling her or her motives should be considered unacceptable. If Kavanaugh responds to her accusations in a way that belittles her or other women who come forward with stories of sexual assault, THAT will definitely be relevant now. And to all who say “well yes but the GOP would draw and quarter any Dem nominee with similar accusations against him,” you’re right, but why would Dems want to do the same things the GOP does? But the GOP would not treat allegations of assault by a black teen as forgivingly,” I agree as well. But again, we shouldn’t conform to the bad behavior of others. Again, this is not because I am “defending” Kavanaugh: I’d vote NO, and for all I know he is a complete jerk and a serial sexual assaulter to boot. All I’m saying is: I am uncomfortable having the current allegation be the basis for opposing, given the above.

Why does Ford deserve to be treated with dignity and consideration? She attempted an anonymous smear job that no professional anywhere would consider fair. When it was clear that this wouldn’t accomplish her goal, she accused a man of politically-toxic misconduct with no more evidence than her own misty recalled memories. Apparently she does  not even recall what year the alleged assault occurred. Professor Brooks is just confirming her #MeToo privileges by embracing the sexist theory that women deserve to be treated differently than men. They don’t. Any man who did something like this to a female nominee would deserve to be condemned. What an air tight gotcha! for the increasingly ethics-free left: an irresponsible, unprovable attack on a mans’ reputation and career that he will be disqualified for treating as it deserves to be treated.

I’d like the law professor to explain why she holds Kavanaugh to this exalted standard of tolerance when she says she assume that Republicans would treat allegations of a black teen’s assault as damning. Now she is virtue-signaling to her colleagues, calling Republicans racists, because of course they are. This tweet would disqualify her, in my view, if President Harris or Warren or Winfrey nominated her for the Supreme Court, or any other post. She’s a bigot, her outrageous claim that he might be a “serial sexual assaulter” is contemptible public discourse.

  • Anyone who uses the fact that she took a lie-detector test  and passed it to support her claim reveals their own ignorance and intellectual dishonesty. The devices don’t work. There isn’t even any debate about it. Sociopaths can beat them, and so can the confused and deluded. There’s a reason why they are inadmissible as evidence in court. Several alleged victims of alien abductions have passed lie detector tests too.

Maybe a space alien assaulted Ford. Maybe Kavanaugh is a space alien. This fiasco is bad enough without lie detector nonsense.

  • Diane Feinstein officially qualifies as an Ethics Alarms Ethics Villain for her role in the episode, joining such disgraceful political characters as Chris Christie, and of course, Hillary Clinton. The San Francisco Chronicle laid much of it out neatly, concluding that her conduct

“..was unfair to Kavanaugh, unfair to his accuser and unfair to Feinstein’s colleagues — Democrats and Republicans alike — on the Senate Judiciary Committee.”

  • Does anyone recall that DNC Deputy Chair and Minnesota Congressman Keith Ellison has been accused domestic abuse by former girlfriend Karen Monahan? That accusation isn’t 35 years old and didn’t involve a teenager. It has also been substantiated by others.The Democrats have done nothing about this, except to “investigate it” and allow their mainstream news media allies to bury the story, at least long enough for the current hypocrisy to escape public notice.

Imagine: I heard a female Democratic senator intone yesterday that if Republicans did not delay the vote on Kavanaugh’s nomination, it would be “an insult to every woman” in the country. I regard allowing so dubious and unprovable a #MeToo accusation raised in such a blatantly political context to derail the confirmation of a qualified male candidate a threat to every American male alive. Let’s hand every woman the power to ruin any man, because in any “he said/she said” controversy, only the woman has a “right to be believed.”

Democrats are deliberately encouraging a national, cultural gender war.

More than 200 women who attended the same all-girls school as Supreme Court nominee Brett Kavanaugh’s accuser have signed an open letter supporting her allegations of sexual assault when they were both high school students.

The letter says the women — who graduated from the private Holton-Arms School in Bethesda, Md., between 1967 and 2018 — believe California psychology professor Christine Blasey Ford “and are grateful that she came forward to tell her story.”

“Dr. Blasey Ford’s experience is all too consistent with stories we heard and lived while attending Holton,” the letter says.

“Many of us are survivors ourselves.”

If I thought this was typical of the female ability to reason, I’d advocate banning women from positions of authority. The believe Ford because she’s a woman! They believe Ford because someone assaulted them! They are proudly proclaiming prejudice, misandry and bias. Nobody has any factual basis for believing either Ford or Kavanaugh. Here’s my bias: any position that relies on tactics like this letter is inherently suspect.

 

 

Monday Morning Ethics Warm-Up, 9/17/2018: Serena And Kavanaugh

Not everybody’s morning, but today (and tomorrow) Paul Morella’s stirring Clarence Darrow is MY morning, along with some fortunate and ethical Virginia lawyers…

Hi!

I’m getting ready for an early morning CLE seminar on the ethics lessons from Clarence Darrow’s career, so this is going to be quick and brief.

1 Now that’s a double standard! Ann Althouse flagged an aspect of the statistics on male penalties in tennis we discussed yesterday that I neglected to mention. The men play longer matches, five sets against the women’s three. Thus there is more time on the court to commit rules breaches. She also asks why women play less. That IS a double standard, but I’ve never heard a female player complain about it. She also writes,

Look at the prison population. It’s less than 10% women. Does that mean men are held to a high standard of behavior? I think we’re comfortable with the extreme gender disproportion because we feel awfully sure that men commit many more crimes, especially the kind of crimes that deserve a substantial prison sentence. We like thinking that the prisons are confining individuals who pose a danger to the rest of us, and we think of those people as overwhelmingly male. Maybe we’re wrong, but you can see we’re pretty resistant to the idea that there’s a “double standard” that’s unfair to men.

Ann’s comparison is a bit off, don’t you think? Yes, the prison stats presumably mean that men commit more crimes, but would any female defendant, in the face of such figures, throw a tantrum in court claiming that the system in biased against women?

2. High school. High school. I just listened to several critics of the late-hit accusation by Christine Blasey Ford against Brett Kavanaugh, as they expressed problems with the years, decades, that have passed since the alleged incident. Never mind the length of time: it was high school. The participants were minors.

Am I going crazy? First we had multiple baseball players who sportswriter were saying needed to be fined and suspended for politically incorrect tweets they made to their seven followers when they were still shaving only every other day, and now a distinguished judge, nominated to the Supreme Court, who has been cleared by six FBI background checks and assembled an unassailable career in a field, law, which makes character an entry level requirement, and an account of a drunken episode of teenage stupidity is considered relevant by progressives? In Washington state, liberals and especially feminists assembled to demand that a woman’s prior record of illegal drug dealing and gun possession be set aside as a reason to deny her a law license, and she was an adult when she was convicted and served time in prison. Are we really going to accept a new paradigm in which the mistakes we make on the way to adult responsibilities as clueless students and teenagers will be held against us forever, as if growing up doesn’t count?

I’ve been trying to think back to my high school years, my miserable dating experiences, and the dozens of stupid, wrong things I did that today embarrass me every time I’m reminded of them. Should those juvenile episodes continue to shadow my reputation and handicap my career forever? That seems to be what the latest anti-Kavanaugh strategy is arguing for. Continue reading

Bret Kavanaugh Nomination Ethics Train Wreck Update: Christine Blasey Ford, AKA “Anita Hill”

Now we know the name of the author of the late, through-the-mists-of-time character assassination attempt on Supreme Court nominee Brett Kavanaugh. Good. Realizing that her anonymous sniper attack wouldn’t be sufficient to accomplish the Democrats’ political objective, she identified herself in an interview with the Washington Post. She is Christine Blasey Ford, like Anita Hill a professor who decided to inject an ancient incident into the solemn process—well, it once was, anyway—of confirming a nominee to the Supreme Court.

The fact that the accusation is no longer anonymous changes some aspects of this latest—is it the most unethical? Probably—twist in the Kavanaugh Ethics Train Wreck saga so far. From the second the desperate Sen. Diane Feinstein—desperate to defeat a qualified conservative judge, desperate to bolster her standing with a California progressive base that finds her too moderate—released Ford’s allegation, it could be tagged “unethical” in five ways:

1 The accusation was anonymous, and thus could not be fairly confronted by the accused. UNFAIR.

2. The accusation was over 30 years old, meaning that all aspects of it, including the recollections of the alleged participants, would be inherently untrustworthy. This is why we have statutes of limitations. UNFAIR, and IRRESPONSIBLE.

3. The accusation was, and still is, unsubstantiated by anyone else. UNFAIR, and IRRESPONSIBLE.

4. The accusation was made against a distinguished public servant and family man with no documented blemishes on his record or character as an adult, stemming from an alleged incident that occurred, if it occurred, while he was a minor. UNFAIR

5. No complaint had been made against Kavanaugh by the accuser at any time in the intervening years, until his nomination by President Trump became a political rallying point for the Left. IRRESPONSIBLE.

Now there are only four. One would be too many. The accusation should not have been made, and should not have been made public. This is a simple Golden Rule equation: what innocent human being would want to be the target of an unprovable accusation like this, at a moment when a significant career advancing opportunity was in the balance? We must begin with the assumption that Kavanaugh is indeed innocent, because there is no substantiated evidence that he is not, and because as an adult, which is what matters now, he is innocent.

Do I believe Kavanaugh, who has unequivocally denied that the incident occurred? I have no reason or justification to believe or disbelieve him, and neither does anyone else. However, I would regard the incident as irrelevant to his confirmation even if he agreed that it happened. Would a report of such an incident when he was applying for bar membership be treated as sufficient proof of bad character to cause his application to be rejected? Absolutely not,  not in any jurisdiction in the nation. Would such conduct as a minor cause any adult with an impeccable record since high school to be rejected for any job or post? Are high school indiscretions that do not involve criminal prosecutions ever deemed relevant to adult employment? Never. (Well, hardly ever.) Continue reading