The Soapbox

WahooRQ

Joined: 04/30/2006 Posts: 44694
Likes: 60789


Would never hold myself out as a Maryland criminal lawyer, but a few


thoughts:

(1) The state would have to bring the charges, not Ford, and I doubt they would for something that old with so many sketchy details. She also decided decades ago not to go that route. This story is only out now because this guy is up for arguably the most important appointed position in the country, where having impeccable character and values should matter quite a bit. She felt compelled to bring her story forth, but not compelled to try and put him in jail. Bringing criminal charges against someone is night and day different from raising questions about someone in the court of public opinion.

(2) I would bet someone who actually practices Maryland criminal law and procedure would be able to get "attempted rape" off the table if charges were brought, down to a misdemeanor sexual battery charge, or something to that effect. *Clarification - those are time-barred*. Unless Kavanaugh himself or Judge confessed and went far enough to admit they were trying to rape her, which neither of these guys is dumb enough to do. And honestly, they may have all been wasted and have different recollections of what happened. Seems like more than enough for "reasonable doubt" especially given how old the incident is.

(3) But again, there is no need to prove attempted rape beyond a reasonable doubt here. This is entirely different and more like if something sketchy comes up in a background investigation. IMHO, for this type of position, any question and you're out. Call it unfair, but it's how it works in many different contexts. And, while Kavanaugh has due process rights not to be convicted without a fair trial, a right to confront his accusers, etc.; he has no right to be appointed to the SCOTUS. And probably shouldn't, TBH. This was a botched appointment by the Repubs (some of whom apparently told Trump not to nominate him.and miraculously had a bunch of women signed up to support his character).

There are other tidbits that somewhat reinforce questions about Kavanaugh's view of and treatment of women to some degree too. I mean, do you think John Roberts hung out with scumbags like Mark Judge in high school? No, of course he didn't. He never would have in a million years. Do you think John Roberts -- or, hell, Scalia? -- had a reputation for targeting the "hot" law clerks? No. And I will say I've met Kavanaugh on several occasions and been in his courtroom, and he does not strike me as a particularly good or pleasant person. That's pure anecdote, sure, and brings nothing to the table in this discussion. But it starts to form a narrative that tells someone like me (who, for the record, fully supported Roberts' nomination and thought some of the Dems looked like suckers trying to oppose it; had no real issue with Alito other than disagreeing with him; and would not have had issue with Gorsuch but for the bullshit with Merrick Garland) maybe they should find a candidate that better represents America's values in 2018. Not someone who will be played by James Spader or Andrew McCarthy in a movie about his days at the prep school.
[Post edited by WahooRQ at 09/21/2018 11:10AM]

(In response to this post by BFKDHokies)

Posted: 09/21/2018 at 10:10AM



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Current Thread:
 
  
So Dr. Ford has new conditions now... -- CA Cav 09/21/2018 02:10AM
  Lol. Just confirm him. ** -- Hokieesith 09/21/2018 09:27AM
  Come forward. Stop the excuses. ** -- Hokieesith 09/21/2018 09:25AM
  Why doesn't she file charges in MD? -- BFKDHokies 09/21/2018 09:16AM
  Thank you - appreciate the response... ** -- BFKDHokies 09/21/2018 12:32PM
  Here's the quote: -- JMHoo 09/21/2018 10:08AM
  Would need a starting point -- 757 09/21/2018 09:51AM
  Excellent question. ** -- Hokie5150 09/21/2018 09:20AM
  Did you really say that out loud? ** -- 111Balz 09/21/2018 10:33AM
  Yep...as do nearly all politicians of either stripe ** -- Tuckahokie 09/21/2018 09:32AM
  Kavanaugh the Kourageous. ** -- WahooRQ 09/21/2018 09:15AM
  Not an act. -- Chuck Taylor 09/21/2018 11:02AM
  Tuck, come on man ** -- EspressHoo 09/21/2018 08:26AM
  Hey Tuck, did you hear that RBG was groped by -- Lazarus 09/21/2018 09:02AM
  No, to people without a stick up their ass... ** -- Hokie5150 09/21/2018 09:32AM
  It was hilarious. Still is. ** -- Hokieesith 09/21/2018 09:32AM
  He's the one being accused and with the most to lose -- HokieDan95 09/21/2018 09:19AM
  ...but he is lying so he needs the help** -- Tuckahokie 09/21/2018 08:37AM
  ...as they know. ** -- Shenhoo 09/21/2018 09:10AM
  He’s just pandering to his base. ** -- EspressHoo 09/21/2018 08:38AM
  Tee it up higher ** -- hooshouse 09/21/2018 08:18AM

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