Flake’s Flaky Reason For Supporting Judge Kavanaugh

Judge Brett KavanaughBy U.S. Court of Appeals for the District of Columbia Circuit [Public domain], via Wikimedia Commons

Presumption of Innocence Applies In Criminal Trials; Different Burden Apply With Judge Kavanaugh, argues legal expert

WASHINGTON, DC, September 27, 2018 – Two different men have suddenly reportedly come forward at the very last minute, each claiming to have probably been the teen who committed the sexual assault Prof. Christine Ford has blamed on Brett Kavanaugh, but their motivations may be similar to those that might be persuading the other women now coming forward to accuse Judge Kavanaugh of additional sexual assaults, suggests public interest law professor John Banzhaf.

While it’s quite likely that the additional women who have just come forward to accuse Judge Kavanaugh of new sexual wrongdoings are telling the truth as they best remember it, and were encouraged to come forward primarily by Ford’s breaking the ice, it is always possible that one or more could be motivated by a strong desire to protect abortions rights, which they believe could be ended if Judge Kavanaugh becomes a justice, or by an equally compelling concerns about other aspects of his judicial philosophy.

That’s why Banzhaf was able to predict – correctly as it turned out – that additional female accusers would come forward in addition to Ford, especially if they would not have to risk perjury by testifying under oath, and could be vague on the details of the alleged assaults.

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Similar, there may be men who are not only strongly in favor of having Judge Kavanaugh become a justice, but are also convinced that Ford is lying, and that her claims are simply an underhanded, unfair, and perhaps illegal attempt to derail his nomination - as many politicians and other public figures have argued.

So, for much the same reason, they might be willing to "take the rap" for the assault which Ford blames on Judge Kavanaugh, especially since prosecution this long after the event occurred is highly unlikely.

What better way to fight fire with fire, and to beat the opponent seemingly using dirty tricks, than to employ equally dirty tricks to help Judge Kavanaugh, these men might think - although, of course, their claims just might be honest, suggests Banzhaf.

Will the manta "believe the women" now have to contend with "believe the men?"

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About the Author

John F. Banzhaf is an American public interest lawyer, legal activist and law professor at George Washington University Law School. He is the founder of an antismoking advocacy group, Action on Smoking and Health.

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