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This Is No Mere ‘Job Interview’
Wall Street Journal ^ | September 30, 2018 9:25 a.m. ET | Alan M. Dershowitz

Posted on 09/30/2018 1:37:02 PM PDT by reaganaut1

Until Judge Brett Kavanaugh was accused of horrible crimes—sexual assault, lewd conduct and even gang rape—his confirmation hearings could fairly, if not entirely accurately, be characterized as a “job interview.” The burden was on him to demonstrate his suitability to serve on the Supreme Court. He apparently met that burden in the eyes of a majority, a partisan one to be sure, and seemed on the way to getting the job.

But now everything has changed. So should the burden of persuasion. The behavior of which Judge Kavanaugh has been accused is so serious and devastating that it requires a high level of proof before forming the basis for his rejection. There is an enormous and dispositive difference between a candidate’s rejection on ideological grounds, as was the case with Robert Bork, and rejection on the ground that he has committed crimes warranting lifetime imprisonment rather than a lifetime appointment.

Being on the Supreme Court is a privilege, not a right. But being disqualified based on a false accusation of a crime would be a violation of the fundamental right to fairness. Some will argue that the issue of Judge Kavanaugh’s ideological and professional qualifications should be merged with the sexual allegations and that doubts should be resolved against a lifetime appointment.

In some cases that would be a plausible argument. But it is too late for that kind of nuanced approach now, because these accusations have received world-wide attention. Judge Kavanaugh is on trial for his life. At stake are his career, his family, his legacy and a reputation earned over many decades as a lawyer and judge.

If he is now denied the appointment, it will be because he has been depicted as a sexual predator who deserves contempt, derision and possible imprisonment.

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


TOPICS: Editorial; News/Current Events
KEYWORDS: abortion; alandershowitz; brettkavanaugh; dershowitz; kavanaugh; maga; scotus; thedersh
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Dershowitz is a liberal with some intellectual honesty. He's right -- this is almost life and death for Kavanaugh.
1 posted on 09/30/2018 1:37:02 PM PDT by reaganaut1
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To: reaganaut1

bookmark


2 posted on 09/30/2018 1:38:18 PM PDT by GOP Poet
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To: reaganaut1

His accuser scrubbed her social media content. That’s something recruiters tell you to do when there are things you don’t want an employer to see


3 posted on 09/30/2018 1:42:35 PM PDT by a fool in paradise (Denounce DUAC - The Democrats Un-American Activists Committee)
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To: reaganaut1

The job interview was with TRUMP, a**holes. You are supposed to be like a personnel dept. That verifies the qualifications.


4 posted on 09/30/2018 1:44:20 PM PDT by richardtavor
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To: reaganaut1

The divorced dads tell me they know what it is like but as a physician who was falsely accused I will tell you a divorce won’t kill your career. A divorce fueled allegation won’t destroy your marriage, divorce has already done that. I do believe it is a bit different to go from being a professional pillar of the community with decades of professional service without a single blemish, in fact I was NEVER once sued for malpractice in 35 years. To go from that to “rapist” in ten minutes who has to put their life on hold while other hands decide if your life gets blown apart or not is a bit different than adding “and he hit me” to a divorce that is already in progress. That should be expected now days from what I hear. But to have a woman blow your life up because she didn’t know a PAP was SUPPOSED to be followed by a pelvic is a bit much. And to be taken seriously by your colleagues sort of destroys your trust in THEM, too.


5 posted on 09/30/2018 1:44:24 PM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: reaganaut1

Dersh is of the old school classic liberalism. Those liberals controlled Congress for decades. The progressive liberals of today can only resort to assault and destruction to gain power, and it’s not working any longer because we are woke.


6 posted on 09/30/2018 1:46:53 PM PDT by Hostage (Article V (Proud Member of the Deranged Q Fringe))
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To: reaganaut1

I stopped reading at the “There is an enormous and dispositive difference between a candidate’s rejection on ideological grounds, as was the case with Robert Bork, and rejection on the ground that he has committed crimes warranting lifetime imprisonment rather than a lifetime appointment.”

In 1982 under MD law, it was a misdemeanor.

And even today a kid wanting to see boobs does not merit a lifetime in prison.

I caught a 20 year old many years ago, long before 1982, trying to see a girl (peeping) and he got no time.

He was required to spend a year with a shrink. And put on probation. Now long disappeared into the mist of past memories.

I am not defending Kavanaugh because I believe Ford is a nut case and it never happened. Just pointing out that whoever wrote the WSJ story is way off the track.

Insinuating that Kavanaugh “may” have got away with committing a serious crime is rotten.


7 posted on 09/30/2018 1:51:12 PM PDT by old curmudgeon (There is no situation so terrible, so disgraceful, that the federal government can not make worse)
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To: old curmudgeon
I stopped reading at the “There is an enormous and dispositive difference between a candidate’s rejection on ideological grounds, as was the case with Robert Bork, and rejection on the ground that he has committed crimes warranting lifetime imprisonment rather than a lifetime appointment.”

Swetnick has accused Kavanaugh and Mark Judge of gang rape -- that is what Dershowitz is referring to.

8 posted on 09/30/2018 1:54:43 PM PDT by reaganaut1
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To: reaganaut1

It is not surprising that Dershowitz views last week in these terms. What I find astonishing is how many so called liberals and progressives simply repeated the meme that it is a job interview and therefore due process and an assumption of innocence are immaterial. It bespeaks of a partisanship that know no ethical or intellectual bounds. It is a pattern associated with Revolutionary executions since at least 1789.


9 posted on 09/30/2018 1:55:31 PM PDT by bjc (Show me the data!)
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To: Hostage
The older leftists dems run on communism ideals and emotion.

The younger ones were taught by the older ones.

10 posted on 09/30/2018 1:57:13 PM PDT by Right Wing Assault (Kill-googl,TWITR,FACBK,NYT,WaPo,Hlywd,CNN,NFL,BLM,CAIR,Antifa,SPLC,ESPN,NPR,NBA)
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To: old curmudgeon

My guess is that he’s referring to the whole collection of accusations against K, not just Ford’s. One claim is that K participated in gang rapes of drugged girls on multiple occasions. Another involves forcing his genitals into a drunk/incapacitated college girl’s face, which would e about humiliation, not sex. Another claim, promptly withdrawn, had K and Judge raping a woman on a boat in 1985. The metoo accusations after Ford’s would be major felonies; collectively they portray a monster. The lefties have seen too many Hollywood films wherein every rich person/successful is a secret criminal getting away with horrors.


11 posted on 09/30/2018 2:05:49 PM PDT by Chewbarkah
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To: reaganaut1

That should not even be a point of discussion.

The discussion should be to the effect that Ford, Feinstein Katz, et al, are liars, slanderers and have committed libel.

The only good thing about their behavior now is that they are really putting their heads further in the noose for civil action for damages.

At this point, Kavanaugh should not be badgered anymore either by the dims or by his clumsy friends. Just leave him alone and approve his appointment.

Coon hunters cull a dog that keeps barking up an empty tree.

At this point, the dims are barking up an empty tree.


12 posted on 09/30/2018 2:08:04 PM PDT by old curmudgeon (There is no situation so terrible, so disgraceful, that the federal government can not make worse)
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To: reaganaut1

I’m 73, but in the “job interviews” I’ve had in my life, no one ever brought in a “witness” to “testify” to any alleged “wrong doings” while I was in the interviewee seat.

What it was, was a FARCE.


13 posted on 09/30/2018 2:11:13 PM PDT by FrankR (You gotta stand for something, or you'll fall for anything!)
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To: Chewbarkah

That probably is correct.

However those claims are so off the wall that they should be dismissed. Certainly not on the pages of any respectable news paper.


14 posted on 09/30/2018 2:21:53 PM PDT by old curmudgeon (There is no situation so terrible, so disgraceful, that the federal government can not make worse)
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To: a fool in paradise

His accuser scrubbed her social media content.


Her family has been silent too. I wonder why?

Could it be that Ford let slip something about framing Kavanaugh a while back and they don’t want to have it come up when answering questions under oath??

Just a thought.


15 posted on 09/30/2018 2:21:53 PM PDT by rbg81 (Truth is stranger than fiction)
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To: reaganaut1

If they succeed in blocking BK, then we have lost. The next one that Trump nominates will get even worse treatment. dems are truly evil people - especially the vile and vicious bloomenthal and whitehouse.


16 posted on 09/30/2018 2:26:15 PM PDT by I want the USA back (Cynicism is the only refuge in a world that is determined to eliminate itself.)
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To: old curmudgeon

Suspiciously the ONLY thing Ford is sure about is that Kav is the one who attacked her. Even if true the “assault” consists of being dry humped by a drunken kid. Her claim that it was an attempted rape is pure speculation. She has ZERO corroboration, ZERO specifics, ZERO witnesses. KAv has contemporary documentation that he wasnt around during that time frame AND tons of character witnesses who claim he would not do this. In a court of law she would have NO chance of an arrest or indictment.


17 posted on 09/30/2018 2:29:51 PM PDT by Brooklyn Attitude (The first step in ending the war on white people is to recognize it exists.)
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To: Hostage

I must disagree.

He’s old school Progressive.

But even the old school Progressives were opposed to the classic American Liberalism of this nation’s founding. They should have never been tolerated to appropriate the term ‘liberal” for themselves in this country.

Rather they were more in tune with the Continental vision, with the very Arbitrary government that we became a nation in the first place to avoid.


18 posted on 09/30/2018 2:38:25 PM PDT by Rurudyne (Standup Philosopher)
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To: bjc
It bespeaks of a partisanship that know no ethical or intellectual bounds. It is a pattern associated with Revolutionary executions since at least 1789.

I should repost that in bold. So incredibly, perfectly, well said.

19 posted on 09/30/2018 2:46:05 PM PDT by MarMema
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To: Brooklyn Attitude

What really should be in the headlines is:

What does the Trump tariff do to Feinstein’s investments in China?

We have read that they are substantial enough that she goes there every year.

Are the investments in manufactured goods that are sold in the US?

If not, what are they?

There are a lot of reasons to oppose President Trump....NOT that I agree with any of them.

We need to know who in congress has investments overseas and whether tariffs are an issue with their investments.

May not be Feinstein’s problem, but she has something that is making her nuts.

Trump should make a deal with the country.

Offer to publish his records if every single congress critter will publish his tax information and a complete list of all assets down to the last fountain pen as well as where and how he got them along with his wife’s and all blood relatives.

That would resolve a lot of our problems.


20 posted on 09/30/2018 2:49:43 PM PDT by old curmudgeon (There is no situation so terrible, so disgraceful, that the federal government can not make worse)
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