Kavanaugh, Due Process, Privacy, Torture, and the Supreme Court

Kavanaugh:

Due Process, Privacy, Torture,

and the Supreme Court,

by "Liviana" (Giovanna Laine)

Okay.  Kavanaugh.

Brace yourselves.

I'm going to give you five links, representing most of the latest intel to come across my desk before I wrote this (this was originally posted on G+, Facebook, and Discord, in various stages of completion, on 28 September 2018;  there have been a few developments since then, but my own view has remained unchanged).  Then I'm going to give you my take.

Tim Black (Video):
Kavanaugh Returns!

Deb Della Piana (Video):
Shut the Fuck Up-The Kavanaugh Hearings Edition, September 27, 2018

Minneapolis Star-Tribune (AP):
After powerful day of testimony, Senate panel plans a Friday morning vote

The New Republic:
Brett Kavanaugh Disqualified Himself From the Supreme Court

Carey Wedler (Video):
The TRUTH about Kavanaugh's "harassment" and "assault"


So now, here's my take ...

Giovanna Laine:
I don't like Brett Kavanaugh.

I don't want him on the Supreme Court.

My reasons are many, and were already formed before the news of accusations of sexual shenanigans was revealed.  But most are focusing solely on that aspect of who he is and whether or not he should be confirmed.

His behavior in these hearings has not endeared him to me, but I cannot say how I might have behaved were I in his shoes.  Ms Ford seems like a credible witness;  she not only submitted to, but passed, a lie detector test (which is by no means evidence of anything, quite honestly, apart from her conviction that she would be able to pass it), and furthermore wants an investigation.  Mr Kavanaugh has neither submitted to a lie detector test nor does he seem to want any investigation (if he's changed his mind about an investigation, I haven't seen indication of that, so please direct me to any evidence which says otherwise).

What I find disturbing about this whole affair is how the division falls neatly along party lines.  Republicans invariably (claim to) believe Kavanaugh to be innocent, while Democrats invariably (claim to) believe Ford's story.  It is predictable, of course, business as usual, and oh so tiring.

What I find most disturbing, however, is what one of those sides is advocating.  And it annoys me greatly that I have to agree with the other side on this, because I despise both of them, both parties -- not Kavanaugh and Ford, but Republicans and Democrats.  One side is advocating that the vote must go ahead today, that there's no reason for any kind of investigation.  And their motivation for this?  The midterm elections are coming up, and the investigation might last until they are over.  It's absolutely nothing but political expediency.  There's no concern for justice, no concern for truth, just a concern for how well or how poorly their party might fare in the midterm elections as a result.  And they're not considering that pushing this vote through without an investigation might actually hurt their performance in the said elections.  Short-sightedness, at the very least.

But, then again, I can't imagine anyone with half a brain seriously suggesting that either of the two main parties is particularly noted for foresight, or self-awareness.

I believe there should be an investigation (and, if the investigation should turn up reason for indictment, a trial), and only after that DUE PROCESS should any vote be held.  I do not believe he should be disqualified purely on the basis of an accusation.  We have Due Process precisely because there was a time when an accusation was all that was necessary for a presumption of guilt (heresy trials, witch hunts).  It hasn't been 31 years yet since a young woman by the name of Tawana Brawley made accusations which later seemingly turned out to be bogus, and which might have destroyed lives of the accused had they not been cleared.

"But Giovanna," some would say, "is their career or life more important than her body sovereignty?"  No.  But is her body sovereignty more important than someone's life?

Again, anyone can claim anything;  the claim alone does not make itself true.  I can claim to be Mary Queen of Scots.  Will you all address me as "Your Royal Majesty" if I do so?  Of course not, nor should you.  Truth does not depend on a mere assertion, nor how "believable" someone views the person making a claim to be, nor even on the character of the person making the assertion.  It certainly does not depend on partisan affiliation or leanings, nor what one has between one's legs, what chromosomes someone has, or what brain gender someone has.

Truth must cohere with reality and be self-referentially consistent.  It is not a matter of what team someone plays for, nor is it a matter of convenience or expedience.

This article gives some of the reasons why I opposed his appointment before I ever heard of Christine Blasey Ford:

The Constitutional Reasons to Oppose Kavanaugh for the Supreme Court




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