I don’t support the confirmation of Kavanaugh. It’s terrible for many reasons. I believe he should not be a judge and that there is a decent chance his conduct with Ford was as Ford describes. I really hoped he wouldn't be confirmed. He's unqualified and a terrible judge for many reasons, not just the sex abuse ones.
Many in the the GOP were wrong to state judge Kavanaugh deserved due process. Fifth Amendment of the US Constitution indicates that no one can be "deprived of life, liberty or property without due process of law" by the federal government.
He was not at risk of being deprived of life.
He was not at risk of being deprived of liberty.
He was not at risk of being deprived of property.
So. No process is due him.
And on the other side... This wasn't exactly a process to seek justice for sexual abuse. Not getting a job isn't justice for sexual abuse.
Nobody has referred this mess to a Court. To find the truth.
There is a reason for that. With so many lawyers and passionate parties and power and money involved, if this was actually a reasonable option to try to stop the judge, they likely would have tried it. I mean, I guess it's possible they overlooked it, but it seems awfully unlikely. Maybe they will do it, but even Ford has come out to state she doesn't want him impeached and removed from the Supreme Court.
The court of our public opinion does not have the same standards as a legal court process. The FBI interviewed those directly involved. These are the people whose testimony might actually be admissible. It was limited in scope but more or less cleared Judge K. The was apparently no probable cause to arrest him or even suggest he shouldn't be hired. The FBI did more than what most police departments would do with this type of decades old report. Local police in Maryland would have likely come to the same conclusion if this had gone though them for criminal prosecution. Even if they had not, there is almost no chance a DA would take this to trial. Why? A court would be unable to find out the truth to the degree he could be convicted.
The witnesses Ford said were there all deny the incident ever happening. She has been unclear on many details (which is very common for truth telling victims and it does make it hard for anyone to prosecute.) She also was unsure at times on year, location, etc. Polygraphs are inadmissible and there are witnesses who say she has coached others how to pass them anyhow.
There is so much room for reasonable doubt, any defense attorney could spin this six ways to Sunday.The truth would be lost entirely under so many plausible theories to give reasonable doubt.
The reality is that this was a fancy job interview process. Ford was a negative character witness. A bad reference. The senate decided to hire anyhow. Do I support this? Oh shiesh no.
This whole mess should have been handled privately. Fienstein should have given the republicans a heads up there were problems with this judge. The republicans should have listened to metoo and nominated Amy Coney Barrett or another female judge on the right. And not confirmed this partisan jerk with a temper.
But they didn't. And I'm honestly a little weary of so many saying (representative) democracy is lost. No, actually, this is how it works, and it isn't the same as ruling by the majority of public opinion. Most of the time when it's direct democracy, it is ruling by the court of public option, and it's a short matter of time before a dictator is in place.
The people elected these senators. The senators made a choice that they felt was wise based on who they represent and what evidence they saw.
The people continue to have the power to choose who will stay in the senate and who will not.
