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NYT: Kavanaugh Has No Right to Presumption of Innocence, ‘Politics’ Should Decide His Guilt Instead
https://townhall.com ^ | Chris Reeves Posted: Sep 22, 2018 11:45 AM

Posted on 09/22/2018 5:01:44 PM PDT by ATOMIC_PUNK

“It’s natural to place this sort of accusation within a criminal-justice framework: the burden of proof beyond a reasonable doubt; the presumption of innocence; the right to confront and respond to an accuser. If Judge Kavanaugh stood criminally accused of attempted rape, all of that would apply with full force. But those concepts are a poor fit for Supreme Court confirmation hearings, where there’s no presumption of confirmation, and there’s certainly no burden that facts be established beyond a reasonable doubt.” emphasis added

So if due process traditions should not inform how Senators evaluate the sexual assault allegations against Kavanaugh, what did Shaw think should guide their decision-making? In a word — “politics”:

“What matters here isn’t law as much as politics — though not (or not just) partisan politics. Confirmation hearings are also about constitutional politics — the debate, involving both institutions of government and the polity, about what the Constitution means and requires.

“So what standard should the Senate use in evaluating the claims made by Dr. Blasey and in deciding how they bear on Judge Kavanaugh’s fitness for a seat on the Supreme Court? The Senate’s approach to its constitutional “advice and consent” obligation has always depended on context. A number of factors matter: the timing of the vacancy; the justice being replaced; the nominee’s likely impact on the ideological makeup of the court; even the popularity of the president (very popular presidents have always had more leeway when it comes to picking justices).” emphasis added

(Excerpt) Read more at townhall.com ...


TOPICS: Education; History; Reference
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To: ATOMIC_PUNK

The “democrats” and their toadies in the “media” are making America more and more like Nazi Germany every day.


21 posted on 09/22/2018 5:41:33 PM PDT by FlingWingFlyer (#NotARussianBot)
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To: Vaquero

Enoch was right too.

(Enoch Powell whose Rivers of Blood speech against large scale immigration basically ended his career but cemented his reputation)


22 posted on 09/22/2018 5:45:31 PM PDT by Rurudyne (Standup Philosopher)
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To: windsorknot

His faults? That’s just what the left wanted you to think.


23 posted on 09/22/2018 5:48:55 PM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: Sarah Barracuda

Nailed it.


24 posted on 09/22/2018 5:54:53 PM PDT by EdnaMode
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To: Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; 2ndDivisionVet; azishot; ...

p


25 posted on 09/22/2018 6:01:45 PM PDT by bitt (We know not what course others may take, but as for me, Give me Liberty, or Give me Death!)
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To: ATOMIC_PUNK

NYT = Pravda. Democratic Party/CPUSA party organ.


26 posted on 09/22/2018 6:17:25 PM PDT by Fred Hayek (The Democratic Party is now the operational arm of the CPUSA)
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To: ATOMIC_PUNK

A Supreme Court Justice is not a political office.


27 posted on 09/22/2018 6:18:04 PM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: ATOMIC_PUNK

and there’s certainly no burden that facts be established beyond a reasonable doubt.”
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

We don’t have ANY established facts.

We don’t know where.

We don’t know when.


28 posted on 09/22/2018 7:03:58 PM PDT by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents__Know Islam, No Peace - No Islam, Know Peace)
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To: Salvation

Good point.

The author of the op is stupid.

This man has everything to loose in this mess. But the woman has everything to gain.

I have a question for Grassley:. If your no doesn’t mean no, then what does your yes mean?

You supposedly set a limit, bit you told everyone by your actions, that there are no limits to the evil you just helped to promote.

I hope your constituents fire you as soon as they can.

And there’s no reason why that woman can’t take a train. You can move around in them.

And they offered to come to HER, and she still said no.

You didn’t keep your word Grassley. You lied about setting a limit.


29 posted on 09/22/2018 7:04:30 PM PDT by PrairieLady2
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To: Fred Hayek

Stop calling them Democratic.

There’s nothing democratic about the Democrat party.


30 posted on 09/22/2018 7:33:27 PM PDT by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: All

Anyone remember the NYT saying that while Slick Willy was around? /S


31 posted on 09/22/2018 7:54:40 PM PDT by az_gila
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To: ATOMIC_PUNK

Yes the NAZIS and Communists always believed the reverse of presumption of innocence too.


32 posted on 09/22/2018 8:25:37 PM PDT by Crucial
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To: ATOMIC_PUNK

This ‘attorney’ has just destroyed Barack Obama’s often put forth propaganda that he was “for justice for all”.

Another leftist POS, ethically and professional corrupt female lawyer who has “outted” themselves as unfit to be an attorney.

The Obama White House was full of corrupt lawyers, both men and women.

NOW WE KNOW THE WHOLE TRUTH about Comrade Obama’s key advisors and political assassins.


33 posted on 09/22/2018 9:59:55 PM PDT by MadMax, the Grinning Reaper
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To: bitt

The New York Times sucks.


34 posted on 09/23/2018 7:41:29 AM PDT by GOPJ (Kavanaugh gave me a wedgie in the fourth grade ... michealpramirez)
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To: Chode

Yes to all. Very dangerous. Who wants to be PDJT’s personal lawyer? Its physically dangerous to work for PDJT or wear a MAGA hat.

AND, the rats have openly confirmed that if they take the House, they will impeach the President and Kavenaugh. As history shows, the Left cannot stop cleansing government and society of its enemies. If they get the President and Kavenaugh, then Alito, Roberts, Gorsuch, are gone as well.

The US is in civil war.


35 posted on 09/23/2018 2:35:23 PM PDT by Jacquerie (ArticleVBlog.com)
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To: Jacquerie

the RATS better be VERY careful on this one...


36 posted on 09/23/2018 3:12:07 PM PDT by Chode ( WeÂ’re America, Bitch!)
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