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Kavanaugh Hearings Have Become a Farce

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By:Sen. Richard H. Black | October 04, 2018
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As Chief of the Pentagon’s Criminal Law Division, I tried or supervised hundreds of rape cases, and my aggressive prosecutions earned me a place on the Army General Staff. I demanded that my JAG lawyers prosecute the toughest sex crime cases, regardless of evidentiary challenges. But I also insisted that they firmly believe that each accused was, in fact, guilty.

I am convinced that Bret Kavanaugh’s accuser is deliberately falsifying the facts. Here’s why:

  1. As a career prosecutor, I never saw one of our accusers employ an attorney. Accusers don’t need lawyers—defendants do.
  2. Why did Ford quickly delete her social media profile? Would it have disclosed the depth of her political activism and established a motive to lie?
  3. Ford named three eyewitnesses to the alleged party. They included her lifelong friend, Leland Keyser. All three submitted sworn statements denying any knowledge of the party. Ford’s best friend denied being at the alleged party and denied that she had ever known Kavanaugh at all.
  4. Ford obviously lied about her “fear of flying,” which delayed her attendance at the Senate Judiciary hearing—deliberately attenuating the confirmation process. When challenged, she admitted that she frequently flies for pleasure to places like Hawaii, Costa Rica, South Pacific Islands, and French Polynesia for surfing. People overcome fear of flying to attend funerals—not to go surfing.
  5. At exclusive prep schools like both attended, students are much closer than in public schools. Juicy rumors spread like virus. Yet 65 women in Kavanaugh’s class attested to his upstanding character. There was no similar show of support from Ford’s classmates.

The list continues, but sex crimes prosecutor Rachell Mitchell summarized the case, saying “no reasonable prosecutor would bring a case based on the evidence before the committee.” She said that it not only failed to reach the criminal standard of “beyond reasonable doubt,” but was insufficient “to satisfy the preponderance of evidence standard.” That means that her claims are more likely false than true. And that leads me to conclude that she is simply lying.

A liberal activist, Ford’s future is forever assured in Democratic circles. Contrary to reports that this alleged incident ruined her life, she enjoys a superb career as a tenured professor at Palo Alto University, where she teaches in association with Stanford University. She earned a Ph.D. from Southern Cal. Less privileged persons would love to live the life she lives.

And for those who claim that a woman’s assertions must always be presumed true, I’ve seen how dangerous that approach can be. During mobilization for the Gulf War, I was the Staff Judge Advocate for a 40-attorney operation at Ft. Lewis, Washington. Two women, whose husbands had been sent to the Gulf, accused two soldiers of forcibly raping them. But when CID investigators began discovering discrepancies in their stories, both confessed to accusing totally innocent men of these heinous crimes—simply to force the Army to return their husbands home from the war. This instance highlights the danger of adopting an accusatorial mindset toward accusations. Once this starts, the rule of law ends and we become nothing but a lynch mob.

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