On an “evidence scale” of one to ten, one being not convincing at all and ten being beyond a shadow of a doubt, the evidence that Brett Kavanaugh sexually assaulted Christine Blasey Ford at a high school party is a two at best.
Four witnesses, including one of her close friends, have disputed Ford’s account in one way or another. Of the five people alleged to be involved, thus far, Ford is the only one who has not given a sworn statement to the Senate Judiciary Committee. Her polygraph turned out to be nothing more than two generic questions about a written statement that contained both edits and contradictions. Her polygraph was administered in Maryland on August 7 and, in her letter to Feinstein, she stated she would be back in California on the 10th, but when asked to testify before the Committee she requested a delay because she did not want to fly from California to Washington. She also refuses to turn over her therapist’s notes despite allowing the Washington Post to see them.
The evidence that Kavanaugh flashed his penis in front of Debbie Ramirez is even lower. Ramirez has been asked by the Judiciary Committee to provide a statement under oath about her story, but her attorney simply replied, “If you want our statement, read the New Yorker.” Putting her under oath would probably cast doubts on her sudden remembrance that it was in fact Kavanaugh that flashed her over 35 years ago.
The accusation that he ran a high school gang rape ring, as alleged by Michael Avenatti, is also not that great. Julie Swetnick’s statement claims that she was one of many victims at a party attended by Kavanaugh and Mark Judge. Like Ford, she says it happened “in approximately 1982.” According to the New York Times, Swetnick graduated high school in 1980. While it is certainly possible for a college student to attend parties full of high schoolers and minors, it would be unusual. If Swetnick is being truthful there should be dozens of people, including many victims, that could testify that they experienced the same horrors, but when Avenatti went on The View he dodged the question when asked directly if Swetnick is accusing Kavanaugh of sexually assaulting her. She should answer as to why as an adult she kept returning to these parties where gang rape and other despicable behavior was allegedly commonplace. She maintains that she attended at least ten such parties.
Now, NBC has said that there is another anonymous account from 1998 that was presented to Colorado Senator Cory Gardner alleging the assault of her daughter’s friend. Gardner was not provided a name, address, or contact information. There was an allegation sent to Rhode Island Senator Sheldon Whitehouse about a rape on a boat in Newport, Rhode Island. The man whose name is redacted accuses “Brett and Mark” of sexually assaulting a close acquaintance. The man, who was identified by various clues relating to his Twitter account including a tweet asking the military to conduct a coup to remove Trump from office, has since recanted.
It is one thing to argue that the preponderance of evidence should be disqualifying because the Senate is not a court of law, but Kavanaugh’s accusers have not even cleared that bar. Still, that has not stopped Democrats and their media friends from engaging in one of the most vile campaigns of character assassination in history.
It is not correct to say you cannot prove a negative, but there is a reason why in a free country the burden of proof is on the prosecution.
Multiple Democratic senators have said that Kavanaugh has the burden of proof. Hawaii Senator Mazie Hirono made the first mistake of politics by saying out loud what she really thinks. Talking to CNN’s Jake Tapper , Hirono says she puts Kavanaugh’s denial in the context of how he decides cases. In other words, because Kavanaugh is a conservative jurist who disagrees with Mazie Hirono, and because he might over turn Roe v. Wade, he must be guilty of sexual assault. Hirono is an awful person, and no that is not a hyperbole. She is the holier-than-thou type who thinks “shut up” is an argument and who thinks asking men if they have even engaged in any sort of verbal or physical sexual assault without any reason to suspect them of doing so is acceptable political discourse, but she is not alone.
Perhaps realizing that the evidence to support Ford’s claims are low and that Senate Republicans are irate at how Democrats have conducted themselves, the media have ratcheted up the character assassination campaign.
The New York Times reported on Kavanaugh’s senior yearbook page from high school alleging that there was an inside joke in which Kavanaugh bragged about his sexual conquest, but The New York Times also had to admit that it was not 100% clear what Kavanaugh meant. Even if it was something stupid on Kavanaugh’s part, it would provide no insight into whether or not he sexually assaulted Ford; neither do Kavanaugh’s drinking habits or Mark Judge’s drinking habits.
In response to Avenatti, Kavanaugh told Fox’s Martha MacCallum that he was a virgin in high school. To which some in the media reacted in a particularly disgraceful manner. The fact that he admitted to being a virgin obviously meant he was sexually frustrated, so of course it makes sense he would flash his penis at a party, because that is what people who were virgins through high school do, or something.
In response, a professor on Twitter claimed that at Yale Kavanaugh told him that he had claimed otherwise. Jane Mayer, Ronan Farrow’s co-reporter at The New Yorker, jumped on this tweet, citing that Kavanaugh’s credibility was on the line. For Mayer, it could not be a simple case of a college student not wanting to come across as a sexless dork when joining his college fraternity and thus lying about sexual history. No, something much more sinister must be afoot.
We are no longer in the “Just the facts Ma’am” phase of this saga. We are now arguing about what Kavanaugh’s yearbook page meant, his high school and college drinking habits, and when he lost his virginity. None of these have any bearings on the original question at hand: did he or did he not sexually assault Christine Ford? If Kavanaugh is guilty of what he is accused of, they are certainly disqualifying. If he is innocent, then senators need to resign, journalists need to be fired, and a whole lot of people are going to be begging for forgiveness for it will arguably be the greatest character assassination campaign in American history.