Due Process & Supreme Court Nominee Judge Brett Kavanaugh

The American legal system is developed on the standard of “Presumption of Innocence”. No one knows this better than Judge Kavanaugh – the man who sits on the bench of the second highest court of this nation. Political hacks are trying to eliminate that very Due Process in their anger over President Donald Trump’s nominee for the Supreme Court.

Christine Ford has accused Judge Kavanaugh that she was assaulted by Kavanaugh when he was a teenager. In democracy where the rule of law prevails, Christine Ford could complaint to the authorities and they would determine whether or not to take her claim seriously. Investigators and Prosecutors receive these types of allegations every day but they go after cases that seem credible. In both the civil and criminal procedures, the burden of proof lies on the accuser or the party bringing the charges. In this case – Christine Ford. As a person accused of a charge, Judge Kavanaugh doesn’t need to do anything other than deny. He did.

Republicans and Democrats must confirm Judge Kavanaugh despite the unfortunate allegations and possible past events. Here is why:

Christine’s own witnesses dispute her story: Christine Ford has mentioned four witnesses in her testimony. All of them have denied and refuted Christine’s allegations. The most significant of them was her own friend who stated under penalty of felony that she does not know Judge Kavanaugh and refutes her own friend Christine’s story. Zero Evidence: While Christine Ford’s story may sound credible and many have argued it does, there is zero evidence against Judge Kavanaugh. Some people may dislike Judge Kavanaugh’s judicial views but that does not prove Christine Ford’s allegations. Questionable Political Motivations: Christine Ford waited for thirty six years and chose to come forward only after Judge Kavanaugh was almost confirmed. It does raise questions about her political motivations. First, during her testimony, Christine acknowledged that she does not know who paid for her polygraph test. She took the test at a hotel conference room instead of the hospital or clinic. Based on the questioning of the Arizona prosecutor, it was perhaps going in the direction of directly challenging the authenticity of the polygraph. Just FYI, polygraph is not necessarily a truth teller and that’s why it’s not admissible in a court. It would be impossible for her not to know who would pay for her test. Second, Christine further acknowledged that she does not know who and how her lawyers were being compensated. Previously, she had mentioned that she was the one who hired her lawyers. It would be impossible for an individual to hire lawyers and not know who would pay for the bills. Third, Christine also acknowledged that she is sort of a world traveler where most of the Americans haven’t been. She has traveled for thousands of miles across the world. Yet, few weeks ago she said through her lawyers that she doesn’t fly and she would drive from her home in California to Washington, DC. When the senate Republicans offered her to come to her home in California, that did not work for her. It was revealed that she was in Delaware at that time – a place very close to Washington, DC.

American democracy allows anyone to accuse anyone of anything. Similarly, it puts the burden on the accuser to prove the allegations. Since Christine Ford has not produced any evidence that meets the burden of proof and her own witnesses have denied the allegations brought by her, Judge Kavanaugh should be unquestionably confirmed to the Supreme Court.

Some Democrat politicians have suggested that Kavanaugh is guilty because he is accused. Some politicians have suggested that all women need to believed regardless of what they accuse. These politicians have taken a radical approach. Kavanaugh rightly said, “what goes around comes around”. No one should have the right to issue a verdict based on an allegation that supposedly happened thirty six years ago. Americans do not want to see a nation where you can accuse anyone and that would be taken as guilty. All complaints should be taken very seriously irrespective of their gender, religion or any identity labels Democrat politicians use. A complaint from a man or unidentified gender is equally important, not just a woman. Victims could be anyone: boys and girls, men and women, black and white. Democrat politicians must not claim that other identity labels are less credible. If politicians don’t believe in due process, they are extremely dangerous for American democracy and they should be recalled by their constituents. They should lead a very fair fight – the fight of legal theories, his views and his qualifications. Instead, they have chosen to block Judge Kavanaugh’s nomination with smear campaign. If a mere allegation becomes the standard to declare a person guilty, everyone could be convicted of something today. Today, they want to destroy the character of Judge Kavanaugh without any evidence. Tomorrow, it might be you.