Brett Kavanaugh

GOP Betrayal: The Cross Examination That Never Was

By the time this column goes to press, Christine Blah-Blah Ford would’ve appeared before the coven once considered the greatest deliberative body in the world: The United States Senate.

At the time of writing, however—on the eve of a hearing conducted by the Senate Judiciary Committee to ascertain the veracity of Blasey Ford’s sexual assault claim against Judge Brett Kavanaugh—I hazard that voter distrust in the Republicans will prove justified.

True to type, Republicans will deliver a disaster to their supporters—to those banking on the confirmation of another conservative to the Supreme Court bench.

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To question the two adversaries, the psychology professor versus the Supreme Court nominee, the Republicans chose an unknown, unremarkable quantity—a Phoenix-based prosecutor named Rachel Mitchell. Mitchell heads the Special Victims Division of Maricopa County, which consists of “sex-crimes and family-violence bureaus.”

“The

This slipshod selection seemed forensically tailored to Judge Kavanaugh’s alleged crime. It almost suggested Republicans believe such a crime had occurred. Or, worse: These slithering opportunistic reptiles (with apologies to the reptile community) must feel politically compelled to conduct themselves as if Kavanaugh were indeed culpable.

Days before the hearing, this writer had warned that the Republicans did not have the male bits to defend Kavanaugh themselves: “With their choice of sex-crimes prosecutor Mitchell to quiz Brett Kavanaugh and his nemesis, what are Republicans saying? That they think a sex crime occurred?”

A better choice would have been Olivia Benson, leading lady on TV’s “Law & Order: Special Victims Unit.” Actress Mariska Hargitay would’ve put on a better show than Mitchell and consulted with sharper legal minds for her script. Hargitay is a liberal, but she’s a pro.

Mitchell, a humdrum, minor state functionary, was unlikely to effect a cross examination for the ages—which is what was required if Brett Kavanaugh was to have a fair shake.

For his part, Kavanaugh is oddly obtuse for one who is said to be such a great jurist. Meek, mild and emotional, he does not seem up to the task of defending himself.

Had the Republicans, also the laggards who dominate the Judiciary Committee, chosen to meaningfully fight for their candidate; they might have opted for one of two dazzling legal scholars. (Please, gentle reader, do not, in the same breath, mention TV judge Andrew Napolitano. Napolitano is a left-libertarian mediocrity who, predictably, has taken the Left’s position on the violence-against-women sub-science.)

Jonathan Turley, for one. Now there’s a fine choice for the cross examination that never was.

Another is Alan Dershowitz. A civil libertarian, Dershowitz is now emeritus professor at Harvard Law School, having taught there for 50 years.

Both Turley and Dershowitz are liberal. Both are brilliant. Both would have probably done the cross pro bono

A fixture on television, Turley, professor at George Washington University professor, had suggested politely that Kavanaugh was not an intellect of Neil Gorsuch’s order.

As exemplars of the “big fierce minds” Americans are unlikely to see on the Court, Turley has cited Richard Posner and Robert Bork, while candidly pointing out that Kavanaugh was not of the same caliber.

Into the Cannibal's Pot

As a rule, “Supreme Court nominees … are not especially remarkable in their prior rulings or writings,” wrote Turley. “They are selected largely for their ease of confirmation and other political criteria. Big fierce minds take too much time and energy to confirm, so White House teams look for jurists who ideally have never had an interesting thought or written an interesting thing.”

Consider: Republicans can’t even get a middle-of-the-road mind like Kavanaugh confirmed!

As far as unremarkable goes: Accuser Blasey Ford has certainly distinguished herself in this department.

Other than that she writes as poorly as is expected from an American university professor, and that she speaks like a valley girl (but, alas, doesn’t look like one)— Ford is unremarkable.

But then bad people are often banal.

Since the Senate extravaganza featuring the judge and his accuser were not criminal in nature, Democrats and their pussy-hat harridans have made the case that judge Kavanaugh was not entitled to due process of the law—to be presumed innocent, to be informed of the charges against him, to confront witnesses against him, and enjoy legal representation.

“Look, we’re not in a court of law,” shrieked that monster of a woman, Sen. Mazie Hirono, D-Hawaii.

Likewise, to justify their philosophical contempt for American constitutional legal protections, hordes of TV harpies, all baying for Judge Kavanaugh’s blood, relied on the same sub-par “reasoning”:

They were not seeking to convict—the offensive against Kavanaugh was not criminal in nature—therefore, claimed the conga-line of cretins presiding over the lynching, they have the right to sully the man in every way possible.

Not that one expects argument from asses, but there is more than a procedural difference or two at stake here.

Just law, as instantiated in the Bill or Rights, constitutes a declaration of the values shared in a society. We afford a man the presumption of innocence partly because the law instructs us to so do, but mainly because it is the right thing to do.

Underpinning the legal protections afforded to an accused in our adversarial legal system are vital ethical imperatives in which our society is meant to share.

In her initial list of demands “to be heard” (that cliché from a cadre of women that never shuts up), Ford evinced utter contempt for Kavanaugh’s natural, Sixth-Amendment confrontation rights.

Blasey Ford had initially demanded of the U.S. Senate Judiciary Committee that “Brett Kavanaugh be questioned first, before he has the opportunity to hear [her] testimony.”

Among other rights, Sixth Amendment constitutional protections afford defendants the right to confront their accusers and the accusations against them.

Like the sizeable mob that supports her—Blasey Ford doesn’t share a fidelity to and a respect for due process of law.

That many Americans no longer believe all are entitled to equality under the law reveals a great deal about the fault lines that mar and scar our country.
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Ilana Mercer has been writing a weekly, paleolibertarian column since 1999. She is the author of “Into the Cannibal’s Pot: Lessons for America From Post-Apartheid South Africa (2011) & “The Trump Revolution: The Donald’s Creative Destruction Deconstructed (June, 2016) &. She’s on Twitter, Facebook, Gab & YouTube

 

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