9-30-2018
Tie Goes to the Runner
In the world of baseball there is a rule that gives the benefit to the runner in case of a tie. In movies you see it accentuated when the runner slides into home plate and the umpire gives the sign and yells, “SAFE”.
In the real world of courtroom drama the burden of proof is for the state to provide beyond a shadow of doubt that the person charged is shown to be guilty with enough evidence to sway the jury. Sometimes on television you will hear the lawyer ask the person on the witness stand an odd or incriminating question. The attorney on the other side will object. The judge will instruct the jury to disregard that question and the answer.
That’s like taking a selfie that you don’t like and erasing it but continue thinking, “What an ugly picture that was”. It continues to bounce around in your mind and like a bad commercial you can’t get it out of your head.
As I wrote yesterday about jumping to conclusions over the testimony of Christine Blasey Ford who gave a compelling account of her sexual assault in which she was 100% sure it was Brett Kavanaugh that assaulted her. She even named 4 individuals, including her best friend at the time, as being at the house and could reinforce her account of what happened. She even said the most memorable thing she remembers about that incident was the people laughing as she left the house and ran down the street.
So convincing was her testimony that every the Democrat and several Republican committee members believed her unwaveringly and I believe her. From a circumstantial point of view she brought the house down in support of her allegations, and even obtained unsolicited financial support by the attorney who is representing her Pro Bono and with over $900,000 in several GoFundMe accounts online. I’ll bet she even gets recommended an Emmy or Academy Award for her performance.
Do I sound a little bit jaded? I am and here’s why.
Judge Brett Kavanaugh has adamantly denied the allegations. Until 2 weeks ago there have never been any complaints of misconduct surface in his past and extensive background checks during his legal career. His denial was that of an innocent man being denied the benefit of the rule of law that states everyone is innocent until proven guilty and particularly in a court of law.
Accusations are just that and are designed to destroy the credibility of the accused, whether proven to be true or not. Politicians use this tactic many times successfully and because of the skeletons in most everyone closet the accused often folds and disappears from public life. Innocent men such as Judge Clarence Thomas and Judge Brett Kavanaugh do not fold under pressure, in particularly when the allegations are not proven to be true.
In this case the individuals named by Doctor Ford have each responded in writing to committee investigators claiming either they were not at the house or party described by Dr. Ford; or they did not see Brett Kavanaugh at the house; or they have never seen Brett Kavanaugh acting in the manner described by Dr. Ford. Evidentiary evidence is just not there.
When shown a map of the area in question it was shown to be more than 6 miles from the place of the alleged assault and Dr. Ford’s family residence at that time. By her admission in her testimony she was 15 years old and did not drive herself to or from the house, which was in close proximity to the country club swimming pool where she went daily. She did not say whether she had or rode a bicycle to and from the pool either.
Dr. Ford stated that she drank one beer, went upstairs to use the bathroom and was pushed into a room where she was sexually assaulted by Brett Kavanaugh with Mark Judge in the room. She managed to wrestle free, escape to the bathroom until she heard them leave the upstairs area. She then ran downstairs and down the street and ran the 6+ miles home, but said nothing about what had transpired to her parents because she knew they would not have consented to her being there. It is inconceivable to me that a 15 year old girl who had drank a beer could run anywhere or for that duration and not raise suspicion of her parents.
What came across loud and clear were the accusations made along party lines blaming the president and committee members from “across the aisle” for not believing her or taking her seriously and for not asking for an FBI investigation of Judge Brett Kavanaugh. They ridiculed and at the time made fun of Judge Brett Kavanaugh’s passionate denial claiming he was just too angry.
And yes everyone was condescending and heaped praise upon praise on Dr. Ford for “coming forward” as a testament to all other survivors of sexual abuse trauma, even without any physical evidence corroborating her story. The prosecutor who questioned Dr. Ford was very gentile and thorough but came to the conclusion that there was no evidence to have brought charges against Judge Brett Kavanaugh.
My personal conclusion is that although Dr. Ford’s accusations seemed plausible and very well could have happened, the lack of evidence and her witness statements run contrary to her claim. Judge Brett Kavanaugh denied this and other recent accusations and his story did not waiver. He has said that at times he sometimes had drunk in excess and treated women improperly, but did not do what Dr. Ford accused him of doing.
Judge Brett Kavanaugh is highly qualified for the nomination to the SCOTUS. President Trump directed the FBI to conduct an investigation into this accusation under a limited scope and time restriction. It is up to the Senate to conduct a standup “Call to Gavel” vote and confirm Judge Kavanaugh.
The American people can clearly see the ridiculousness of the tactics being employed by the politicians in Washington as they attempt to thwart President Trump and his administration. The actions of these members of Congress are clearly in violation of US Law and the Constitution they are sworn to uphold and have the power to amend through lawful legislation.
Americans deserve and expect better from our government representatives in Congress – I am the Real Truckmaster!
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