For two years now, we have watched as the losers of the 2016 election have spent every possible breath and drop of ink denouncing the Electoral College and the Senate.

The checks and balanced built into our system of government checked them, so reflexively, they hate it.  We country bumpkins have too much power and it should be taken away from us and put in the hands of a dozen big cities.

Of course, our founders created the bicameral legislature and Electoral College to empower the smaller states and more rural populations from getting dominated by the cities.  They understood, even in the 1780’s, that without some sort of check in place, urban centers would dominate politics and that would be bad for rural farmers.

But to hell with the system because it kept Hillary out of a seat she was entitled to.

These same people hate Judge Kavanaugh.  Partly because he was nominated by Trump.  Partly because he loves himself some Constitutional limitations on government.

They have pulled out every dirty trick to try and stop him.  This last ditch effort to destroy him with an allegation from high school is the worst yet.

Forget that I support Kavanaugh’s judicial oppinions.  Forget that I want him on SCOTUS because I’d love to get a decision that protects assault rifles and CCW.  Let’s address some basic facts:

  • He has been accused of attempted rape/sexual assault from an incident from 1982.
  • He categorically denies it.
  • The other person that was supposedly involved in it also denies it.
  • So far, no other details have been provided so that Kavanaugh could provide exculpatory evidence.
  • No evidence of the assault has been provided.
  • Character witnesses have said that this accusation doesn’t sound like him at all.
  • There is no history of other incidents or an “open secret” of impropriety surrounding him the way that surrounds other high profile abusers (Weinsten, Clinton).

So the question is: do we destroy the career and professional life of a man, based on a 36 year old accusation, without a conviction or even evidence of a crime?

What kind of precedent does that set?  A terrible one.  Baring any new evidence, if this is used to destroy Kavanaugh, that should scare the shit out of every man in America.

You may have your entire life and reputation destroyed by a single, unprovable, unverifiable, accusation dating back to adolescence.

While society is more flexible than the law, we still take guidance from the law.

Innocent until proven guilty is still a principle that many Americans hold dear.  It must be destroyed.

So how do you prove guilt when there is no evidence?  Social Justice and Kafkatrapping.

We don’t need evidence to prove guilt beyond a reasonable doubt.  Social Justice demands that we believe the woman because she is a woman.

Our judicial system was based on the idea of Blackstone’s formulation:

“It is better that ten guilty persons escape than that one innocent suffer.”

Forget that now.  Let all the innocent men suffer if means that we never question the accusation of a woman.

As for the “nothing to gain” part.  Have we not seen the actions of the #Resistance over the last two years.  What she has to gain is beatified hero status for taking out Kavanaugh.

This man is a fucking lawyer.  He is a CNN legal analyst and prosecutor.

Under no circumstances should hiring a lawyer or seeing counsel be construed as evidence of guilt.  Our right to counsel is enshrined in the Bill of Rights.

CNN is now saying “only guilty people want lawyers.”  Our Founders put that to bed in 1789.  To go down that path is the ultimate Kafkatrap.

In their effort to take out Kavanagh, they are nuking our entire Judicial system.

The oppressed victim status of the accuser is more credible than evidence.  Providing character witnesses is evidence guilt.  Hiring a lawyer is proof of guilt.

Justice cannot withstand this kind of assault.  This is going to turn is into a Banana Republic where people will be destroyed in court for political expedience.

This is what is on the line with Kavanaugh’s confirmation.

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By J. Kb

6 thoughts on “More Kafkatrapping of Kavanaugh”
  1. It seems I hate the Democrats more and more each day. It’s remarkable, because I always think I can’t hate them more than I do, but each day it gets a little worse.

  2. This is the typical situation of terrorists vs. civilized people. Terrorists do evil things because they know the other side, the civilized people, will not stoop to retaliate in kind.
    Borking works because only Democrats bork. If Republicans started borking, things might change. Well, maybe not, because Republicans can’t do this successfully, not having the fake media at their side.

  3. Contrast this with their treatment of the woman accusing Keith Ellison of abusing her. She has evidence — including actual medical records — and the accusation is recent enough to find witnesses.

    But do you hear about “embattled party chait Keith Ellison”?

    1. The WSJ had a good discussion on this today. One point is that lie detectors give some indication of whether you believe what you say is true. The fact you believe it may not mean it’s actually true. Another point is that some years ago she told a therapist about this subject, but with rather different details (like 4 guys, not 2).
      As those who watched the Amirault persecution in MA know, the fact that someone says they remember something doesn’t always make it so.

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