Friday, October 05, 2018

The Senate Should Approve Kavanaugh

Judge Kavanaugh's emotional testimony after being accused of sexual misconduct
Just a quick word about the current status of the Kavanuagh nomination.

I stand by my original belief that all of the accusations of sexual misconduct directed against Judge Brett Kavanaugh when he was in high school and/or college have been hugely tainted with politics. As such, my normal inclination to believe the accuser has also been tainted in this case. 

Adding to this is the fact that an FBI investigation yielded no corroborating evidence to the accusers’ claim. So all we are left with is a tainted claim that is ‘believed’ mostly by those that oppose Kavanaugh’s politically conservative perspective. Albeit still claiming that it has nothing to do with their opposition to him now.

The latest charge aside from the sexual misconduct he was accused of - is that his emotional defense of his reputation at a hearing about that demonstrated a lack of judicial temperament and exposed a political bias that would undermine his objectivity. If they really believed that, they should remove him from his current position as a federal appeals judge! 

First of all anyone that really believes that one’s political perspective or other personal biases don’t influence a Judge believes in fairy-tales. People are human. All one can hope for is that such influence is minimized as much as is humanly possible. 

I do not believe it is fair to judge how Judge Kavanaugh reacted to some truly ugly accusations that affected not only his reputation but would harm his entire family.  As anyone that really knows the judge will tell you, his reputation is impeccable. He is known as an exemplary husband, father, and community member. 

And as Senator Lindsay Graham pointed out in his own emotional defense of Judge Kavanaugh during that hearing - people that are sexual predators of the type Kavanaugh - as a teenager - has been accused of don’t just stop doing it once they reach age 20. They keep on doing it all their lives. There is not a single accusation against him by anyone of any political persuasion since the alleged events that took place over 30 years ago.

I for one completely understand Kavanaugh’s reaction. He admitted in a Wall Street Journal op-ed that he over-reacted at the hearings and said some things he shouldn’t have.  But he also pointed to the fact that over his 28 career of public service mostly as a judge, he has never allowed his bias to influence his decisions and the he always remained open minded. 

It is my considered opinion that the Senate should confirm his nomination. If they don’t, it will be nothing more than a ‘high tech lynching of an ideological opponent’ ( paraphrase what former Supreme Court nominee and current member, Justice  Clarence Thomas said at his Senate confirmation upon similar accusations. He was nonetheless approved. The opposition then was just as political as it is now.)

In the event that Judge Kavanaugh is not approved, it would be a victory for partisanship and a blow to one of the most important provisions of the constitution: presumed innocence until proven guilty! It is also completely unfair to assume he does not have sufficient  judicial temperament because of his emotional defense against accusations that would be so damaging to him and his family.

If that happens it would be the essence of poetic justice if the President then chose nominee that is even more conservative than Kavanaugh whose past is as squeaky clean as Mother Terresa’s - with a judicial temperament to match. It will be even better if that nominee were to be a woman. Wouldn’t that be nice!