The Near Abolishment of Due Process
Photo: Joshua Roberts/Reuters
Due process acts as a safeguard for protecting life, liberty, and property from an unjust and tyrannical government. It means fair treatment through the normal judicial system, and requires that the state respects and recognizes all legal rights owed to a citizen.
The idea of due process is radically changing via the current political climate. The Kavanaugh hearings last week show once again how polarized we are as a country— and how the left will do away with basic legal rights in order to push their own agenda.
Last week, Dr. Christine Blasey Ford testified in front of the Senate Judiciary Committee, accusing Supreme Court Nominee Brett Kavanaugh of sexual assault. Judge Kavanaugh testified after her, vehemently and emotionally denying all of the allegations against him— including accusations from other women deemed not credible.
Dr. Ford seems to have trouble remembering the event. She cannot remember how she arrived at the house, how she left, whose house it was, and when it happened. Moreover, there is no corroboration to her statements, and all of her alleged witnesses either deny the claim, or simply do not recall such an event.
If this was a criminal procedure, Dr. Ford would most likely not even be afforded a trial, as her accusations have no credible corroboration, and cannot be proven beyond a reasonable doubt.
Basic principles such as the “presumption of innocence” and “the burden of proof is on the accuser” was left by the wayside. Leftist activists and protestors simply shout “believe women” as a response to Dr. Ford’s testimony. One’s gender does not define one’s credibility, but that basic fact no longer matters to the left. They will do anything to destroy President Trump’s legacy, delegitimize conservatives, and diminish the Judicial philosophies of originalism and textualism.
We are one step closer to throwing out and abolishing due process if Judge Kavanaugh is knocked down and destroyed from these less than credible accusations. We must remember to look at the evidence, and not run our country purely on emotion and feelings.
On top of this, there is the partisan smear aspect of this story. Sen. Dianne Feinstein held on to Dr. Ford’s accusation letter for 6 weeks— allowing it to be leaked to the press and ruining the request of confidentiality by Dr. Ford.
If the Democratic Senators truly cared about these accusations, they would have never held this information in secrecy for so long. They simply wanted to use it to derail the nomination, which places both Dr. Ford and Judge Kavanaugh as a victim.
Then leftist cries and requests for an “FBI investigation” came— but the FBI doesn’t prosecute, and all the alleged witnesses already refuted Dr. Ford’s claims under a penalty of perjury. The FBI will simply report on their findings and refer it right back to the same Senate Judiciary Committee that requested the investigation to begin with. But the Democrats received what they wanted, as Sen. Jeff Flake caved in to the mob of women and media who cornered him in an elevator— with the former accusing him of not caring about sexual assault survivors. Flake then reversed his decision to vote for Kavanaugh until after a one week long FBI investigation is held.
This is extremely dangerous, as it is blatantly obvious that the Democrat’s goal is to delay the FBI investigation until after the midterms, with the hope of winning back the Senate to block Judge Kavanaugh’s confirmation. They would then hold the 9th Supreme Court seat open until the 2020 Presidential election with the hope of a Democratic presidential candidate beating incumbent President Trump in the race.
We already disregard due process by labeling non-credible accusations as just the opposite, simply because of partisan schemes. Doing this is egregious enough, but combining these actions with a partisan smear is asinine. Yes, it would be disqualifying if credible accusations against Judge Kavanaugh surface — but we simply have not arrived to that conclusion. The Senate Republicans are seeing through this mess, and should move on with the vote in one week, as promised.
The more time this hysteria goes on for, the more false accusations and delay tactics will emerge— and the more American citizens will see that those who are running the government are ignoring the basic judicial and legal principles that safeguard our liberties and freedoms.
Keyden Smith-Herold is the Editor-in-Chief of The Daily Analytical, (dailyanalytical.com) a brand new publication.