Kavanaugh Is Not Fit To Be On A Supreme Court Because Of What He Didn’t Do

On Tuesday a pampered, hugely advantaged and once beloved 81-year-old black man went to jail for 3-10 years for a crime he undoubtedly committed 14 years ago, and perhaps 60 or more equally appalling offenses that escaped judgment since he grabbed the golden ring, the prosecutors said.

Former comedian and America’s marvelous TV dad Bill Cosby will spend what is perhaps the balance of his life in a Pennsylvania prison cell paying off his sentence for drugging and sexually abusing women for a hobby.

Thursday morning a privileged, white Maryland federal appeals court judge born with a silver spoon embedded in his psyche goes to a mock trial before the Republican-controlled judiciary committee of the U.S. Senate for committing an alleged high school sexual assault and an alleged prurient exposure offense while at Yale University during periods of acute alcohol inebriation. His character is on trial. Potential Supreme Court justices are supposed to be immune from even the threat of character assassination.

Unless the odds change dramatically by Friday morning, Appellate Court Judge Brett Kavanaugh will be publicly humiliated, privately congratulated, and then sent on to the highest court in the land to pass judgments on transgressors and supplicants with either a stupendously compelling legal case or lots of money to spend seeking justice.

The nation will depend on Kavanaugh’s honesty and legal acumen to help steer the nation. His human crimes and frailties, as well as the harm he allegedly inflicted on his young victims, will be paid in full during a Senate hearing that has no more relevance to justice than using the toilet.

The carnival of jurisprudence that convened last Monday in a Pennsylvania courtroom and simultaneously in the halls of Congress in Washington, D.C. , sends a message to America that is as bent as the stilted behavior of the accused. The message is that white privilege holds a higher position than the law. It is often said by politicians and scoundrels, if there is an appreciable difference, that our country is a nation of laws. Left unsaid and only revealed by example is to whom those laws apply.

It is a fair statement to say that Bill Cosby got his just deserts when he was convicted. It would have meant much more if the climate for retribution against wealthy and powerful sexual predators had been less capricious when the avaricious sexual events occurred. It is also a fair statement to claim that regardless of what is said before the majority of rich white men who dominate the Senate proceedings, Kavanaugh will walk away, perhaps impugned for a day or two, with the rest of his life still intact.

Despite the huge differences in both scope and viciousness of the alleged assaults by the two men, there are a few similarities that should strongly influence the thinking of the Senate judges that have been impaneled to interrogate and ultimately pass judgment on the fitness of Kavanaugh.

The first is the perception that the complainants who have come forward to expose Kavanaugh should have sought relief at their local police department soon after the assaults occurred; otherwise their complaints have no merit. That is what happens on TV. The abused woman finds solace in the arms of the friendly police, who move swiftly to snare the sexual predator.  It is simply total bullshit. Sexual offenses are nebulous both in degree and severity of the crime. Perception plays as big a role as evidence.

Publicly exposing one’s penis in any manner is disgusting, as well as a red flag that the perpetrator is not well, but it is not on the same level of crime as rape by any stretch of the imagination. Neither is the drunken mauling inflicted on a drunken young woman by an intoxicated teenage boy. Both are raging red flags that indicate the actor has a potential personality flaw. Neither offense, however, provides Kavanaugh with an out, any more than a legally blind old man in his dotage is exempt from prosecution because he is now harmless.

Kavanaugh is expected to pass judgment on others based on a life of legal training and life experience. If that experience includes abusing women, acting suggestively, going on sprees of blind drunkenness and then lying about it in the highest councils of government, he is not fit to be a Supreme Court justice.  Not because he behaved like millions of other perverse young men, but because he refused to come to terms with his adolescent  and arguably illegal behavior.

That alone is enough to disqualify him from the Supreme Court. Kavanaugh knows what he did and prefers denying his bad behavior before  both his family and the world. Long before he ever became a judge, Kavanaugh should have revealed his transgressions, when there was still time for atonement. He failed to do so, and it shouldn’t be swept under the rug in order to serve a Republican political advantage.

America deserves better than that.

 

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6 thoughts on “Kavanaugh Is Not Fit To Be On A Supreme Court Because Of What He Didn’t Do

  1. Whichever way it goes, the GOP is *screwed*. And it will be entirely their own doing. If Kavanaugh should voluntarily remove himself from consideration, or be “encouraged” to do so by his GOP backers, Republican voters will have a royal hissy fit of epic proportions. Not to mention the (please Gods, stroke-inducing) wrath of His Imperial Nakedness. Heads will roll from here to the November midterms.

    And if, as I suspect (please Gods, prove me wrong!) Kavanaugh is in fact confirmed, hundreds, nay, thousands of Very. Angry. Women. voters and their allies will be galvanized in a way that will make the pink-pussy-hat-wearing protests look like an outdoor music and art festival for the not-ready-for-Burning Man crowd. November will come, and heads will roll from there to 2020. It’s almost enough (but not quite!) to make me feel a tiny twinge of pity for the Republicans out there who are watching this craptacular spectacle.

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  2. people say, ‘why didn’t they say something at the time?” To WHOM? You go home to mom and tell her and daddy you were almost raped at a drinking party? Oh, that’s good. First mother faints, Daddy clutches his chest, and they whiz you off to the doctor to make sure you haven’t been violated.

    “what on earth were you DOING at that party???”
    “You should have known better.”

    And suddenly it’s your fault.

    If you don’t tell your parents, your family, who do you go to? Rape as such did not occur. it’s not a medical problem. The guy who almost raped you has moved on. He has a major headache, wonders who that girl was, and shrugs it off. In his eyes, if it didn’t happen, it didn’t count. No one ever considers the trauma of attempted rape, do they. As far as anyone is concerned, getting some guys penis stuck in your face, or almost stuck elsewhere isn’t rape, so it doesn’t count. The trauma from crap like that can be amazing for a young woman.

    Just because it didn’t happen doesn’t mean there’s no trauma.
    And I suspect by now this is exactly what he’s thinking. “get over it, lady, nothing happened, okay?” I suspect the emotion is real, just redirected for the proper effect. Terror will do that. Seeing your entire life’s work go down the drain would make anyone weep.

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