If You Were Kavanaugh
- LE = law enforcement
- SB = school board
- SP = State Police
- This page was written in September, 2018, during the time Brett Kavanaugh was nominated to the Supreme Court --
more precisely, after the hearing but before the vote.
- I often attempt to personalize these situations in an attempt to get a feel of being in someone else's shoes.
- No, I've not written a page "If You Were Ford". I've thought about it but I simply can't relate to being a victim
of assault, sitting on that event for 35 years, and then coming forward at the 11th hour of a Supreme Court appointment
with an allegation that includes not knowing when the assault took place, where it took place, no evidence, no witnesses, etc.
However, I can relate to being accused of assault.
- Scenario: in your jurisdiction, SB members are nominated by the mayor. The City Council holds a hearing
where the nominee is inteverviewed and then there is a vote. You, a male, have been nominmated by the mayor to serve
on the SB. You go through the hearing process which is now complete. The next step for the council is to schedule the vote.
- Unbeknownst to you, one of the council members received a letter a month prior that alleges you sexually assaulted
a 15 year old girl 35 years ago when you were 17. Details are sketchy at best but the council member makes the allegation public.
You categorically deny the allegation. Word of the alleged assault spreads through the community creating a firestorm.
- Some are wondering why this accusation did not come forth 35 years ago, nor any time since, nor during the hearing,
and are of the opinion that the vote should proceed since the hearing is over and there was plenty of opportunity
for this accusation to have been presented long before or even during the hearing.
- Others are demanding that your nomination be withdrawn, that the mere accusation should create enough uncertainty
to keep you from serving on the board.
- To date, you have not seen the complaint against you -- and no police report has ever been filed.
- The accuser wants to present her case against you in front of the City Council. The Council has agreed to have
her testify. She and her lawyer have a few "demands":
- she wants an investigation by the State Police before she testifies. (The SP, nor any LE agency, run investigations on demand.
A person must file a police report first, going on record that a (potential) crime occured. Also, the SP have already reported they
do not have jurisdiction and that a complaint should be filed with City Police. The City Police has also issued a statement saying
they will not conduct an investigation before a police report has been filed. Further, you have been the subject of several FBI
background checks in the past. No allegation of wrong-doing has ever been uncovered.)
- you must testify first (Keep in mind, you have not seen any written complaint against you but she wants
to have her say after you have testified. Yes, she can be cross examined but you get no opportutity to rebut.
This flies in the face of thousands of years of legal and procedural precedent. Simply, the accuser accuses. The accused responds.)
- only council members may question her (You wonder: why does it matter to her who questions her? The Council, given the sensitivity
of her complaint, is considering having a female lawyer question her. Those who most-likely favor your appointment are all older, white males.
Could it be she likes this optic and does not want the optic of a female questioning her?)
- You are not without your detractors. Many in the community don't want you on the SB. They are concerned
about your political leanings -- what course and reading materials you might approve or reject, etc.
- Local actors, musicians and singers have taken out some TV and radio ads offering support to your accuser, saying "We believe you."
They have even less knowledge of what's going on than you do. You are left wondering:
- why the unconditional support for my accuser?
- why is her unproven word to be taken more seriously than mine?
- If being treated this way is fine with you, then all is good with Kavanaugh. If not ...
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