The Judiciary Circus

The confirmation process of Supreme Court nominee Brett Kavanaugh has become something of a political circus that not only makes Congress look bad, but it may well be undermining trust in any branch of government that we have. The circus tent was pitched almost immediately with the nomination of Brett Kavanaugh, as rumors and assumptions started surfacing on left-leaning sites stating that Mr. Kavanaugh would attempt to reverse the historic Roe v Wade decision, as though a single justice indeed has that kind of power. As the weeks have gone on, there have been numerous delays in the confirmation process, all of which are simultaneously entertaining, embarrassing, and disturbing.

Senator Cory Booker (D-N.J.) completely embarrassed himself and lied to the American people when he stated that he was going to release “confidential” documents—against Senate bylaws—that allegedly proved that Mr. Kavanaugh has a history of racial bias. Senator Booker was adamant that he was risking his seat in the Senate and carrying out an admirable act of bravery by releasing the documents to the public, stating that it was as close to an “I am Spartacus” moment that he was going to get. How his actions were equivalent to a slave rebellion led by a Roman gladiator is anyone’s guess. As it turns out, his repeated and boastful cries of being a rebel were all for naught; the documents were found to have been made available for public release, at Democrat request, the night before Senator Booker made them public. The first ring of the circus ended with the tightrope walker sprawled on the ground though, as we know, there are typically three rings in a circus.

Not long after Dobby, err, Spartacus, bravely cut his own hand off, a woman came forward accusing Mr. Kavanaugh of sexual misconduct when they were teenagers. These are very serious allegations in the “me too” era, which has rightly seen the downfall of many powerful people in Hollywood. The issue with the initial allegation of sexual misconduct involving Mr. Kavanaugh, is that Senator Dianne Feinstein (D-CA) was aware of the allegations in July but was asked to keep them confidential by the accuser, Christine Blasey Ford, according to Business Insider. Nearly two months after receiving the letter, news of the accusation became known to the public. Many people are saying that Ms. Ford should be heard, and that she should be believed. It is tempting to take this train of thought, even though it ironically undermines the presumption of innocence that we are afforded in our judicial system.

In the United States, you are presumed to be innocent until proven guilty. It is incumbent upon your accuser to prove that you are guilty of what they are accusing you of. Our system works this way because it is very difficult to prove, for example, that you are not in fact a witch, in order to save yourself from burning at the stake. In the 1600’s, some woman were accused by their neighbors of practicing witchcraft and, unable to prove they weren’t witches, were executed. This is essentially what is happening with Ms. Ford’s accusations against Mr. Kavanaugh. Nobody can corroborate her recollection of events that took place some thirty-five years ago, and she has flip-flopped between testifying and not testifying in front of the Senate Judiciary Committee. Ms. Ford was finally set to testify this Thursday, September 27, 2018, though Senate Democrats are now attempting to move the hearing back because of a second accuser.

Boulder resident Deborah Ramirez has come forward in the last couple of days accusing Mr. Kavanaugh of exposing himself to her during a party at Yale University in 1983-1984. Ms. Ramirez admits to being inebriated during the incident, and has “gaps” in her memory, but is certain that Mr. Kavanaugh was the perpetrator. These allegations should be and considered investigated, although they should bear no weight on Mr. Kavanaugh unless he is shown to be guilty in a court of law. Speaking of which, no charges have been filed against Mr. Kavanaugh regarding the allegations, meaning they are little more than character assassination at this point. USA Today is now reporting that there is a third woman who will come forward to accuse Mr. Kavanaugh of sexual misconduct.

The circus continues to go on, leaving the American people confused about our laws and how the justice system works, all while working to undermine the authority of the Supreme Court should Mr. Kavanaugh be confirmed. All Americans should be watching and learning from what is happening with Mr. Kavanaugh’s confirmation hearings…they may be a harbinger of what is to come after the midterm elections.


Image credit: Chip Somodevilla/Getty Images

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