The people aiming to throw out due process will be the ones hurt the most by its absence. To be sure, black victims of lynch mobs weren’t given due process, and it’s been a long battle to guarantee those rights to everyone. It’s a battle that’s still going on.
However, at least in these cases, there was a standard that was being violated. What would those who would eliminate that standard offer in its place?
The media is now engaged in a full-court press to establish that Kavanaugh drank to excess — when he admitted in his testimony that he drank to excess.
His specific denial is that he never blacked out. So far, in all the people who knew him who have emerged to say he slurred his words or stumbled when he’d been drinking, no one has credibly alleged that Kavanaugh told them after a bout of drinking that he had no idea where he was or what he did the night before.
The other charges of lying are picayune. A cluster concerns his high-school yearbook and his allegedly dishonest explanation of the slang terms “boof” and “Devil’s Triangle.” His critics say those terms refer to sex acts, whereas Kavanaugh says they refer to flatulence and a drinking game, respectively.
The evidence suggests that he’s right. A history of farting — yes, there is such a thing — notes that “boof” was one slang word for flatulence, and former classmates of Kavanaugh’s wrote a letter saying that they played Devil’s Triangle, and explained how it was done.
by David French, at NRO
A lengthy article, that ends up by saying:
The evidence indicates that Brett Kavanaugh faced false or mistaken claims, responded to those claims with understandable and appropriate emotion, and contested them with truthful testimony. He should be confirmed, and if he’s confirmed expect him to serve until he retires with dignity, intellectual rigor, and the same deep commitment to judicial ethics that we’ve seen throughout his entire career on the federal bench.
I’d like to think it worked against them.
Rich Lowry’s brilliant column this week: Atticus Finch Was on the Wrong Side. It soooo catches the hypocritical Left in the hypocrisy that cannot be helped if you are an acolyte of the Alinsky School of Public Mayhemery.
Do the Right Thing, Jeff Flake. From the editorial:
Democrats are, predictably, complaining that the FBI investigation was too limited in duration and scope. But since there is no evidence for Ford’s account beyond her own memory — and she herself testified before the Senate last week under oath — there wasn’t much for the FBI to probe.
None of the people Ford identifies as witnesses to her story say that they recall the party. (Another perjury charge against Kavanaugh is that he exaggerates how exculpatory these witnesses are, but this makes him guilty of slight error, not deceit.) As a report outlined by Judiciary Committee outside counsel Rachel Mitchell makes clear, Ford has repeatedly changed some key details of her account and cannot remember others. (If Kavanaugh had similar slip-ups, the critics would be crying “perjury” about that too.) Mitchell argues that Ford’s allegation does not meet even a preponderance-of-the-evidence standard.
Victor Davis Hanson weighed in with a brilliant analysis, that the Left’s antics and tactics polluting America’s campuses have now come to Capitol Hill. From his piece:
On campus, all can present equally valid narratives. What privileges one story over another is not necessarily any semblance to reality, at least as established by evidence and facts. Instead, powerful victimizers supposedly “construct” truths based on their own self-interests. As a result, self-described victims of historical biases are under no obligation to play by what they consider to be rigged rules of facts, evidence, or testimony.
The women who have known Kavanaugh all his life came out swinging on his behalf. Alexandra DeSanctis recounts some remembrances of a decidedly decent guy. From her report:
Jonah Goldberg says lefties should be thrilled that a “strict constructionist” such as Brett Kavanaugh is appointed to SCOTUS. From his column:
Justice Antonin Scalia, a conservative to the core, hated flag burning just as much as those on the right who favored banning it, but he ruled it constitutionally protected free speech all the same. On criminal procedure, he was often the defendant’s best friend on the Court. Neil Gorsuch, appointed by Trump, is another conservative in the Scalia mold, and in one of his first decisions he joined with the four liberals to deliver a defeat to the Trump administration in Sessions v. Dimaya, an immigration case. Kavanaugh himself threw out one of the first Obamacare lawsuits — hardly the act of a rank partisan.
The polygraph hoopla brought on by Ford’s accusation of Kavanaugh gets a dose of reality from Jibran Kahn. From the start of his piece:
Polygraphs have featured heavily in the discussion because the accuser, Christine Blasey Ford, took one (albeit with a very unusual set of questions). And why shouldn’t they? We’ve all seen spy films and crime dramas with truth-detecting polygraphs, the scourge of the guilty, which only psychopaths have a chance to thwart; their efficacy is broadly accepted, much like the harmlessness of sugar or the fact that lightning never strikes the same place twice. The power of the polygraph is widely believed, and on a bipartisan basis. Jeff Sessions has called for their use in the White House as a way to catch leakers, and Kamala Harris highlighted Ford’s polygraph and Kavanaugh’s lack of one. There is, however, a hitch. Despite the senators’ endorsement, psychologists have argued for decades that polygraphs are built on pseudoscience, and the Supreme Court was aware of this consensus by 1998
Lots more where these came from.