Weighing the Allegations against Brett Kavanaugh

Do not count me among those who would minimize this alleged assault. I went to a high school that had more than its share of drunken parties, and my classmates could do crazy and stupid things, but an act like this was beyond the pale. This isn’t “boys will be boys.” Actions have consequences, and it’s hardly unjust to tell a person that if he mistreated another human being like this — even a long time ago — he has to remain “merely” a judge on the D.C. Circuit Court of Appeals.

.. Given the totality of the evidence, I believe it is more likely than not that Bill Clinton committed rape and sexual harassment. I believe it is more likely than not that Donald Trump has committed sexual assault. I believe it is more likely than not that Roy Moore engaged in sexual misconduct with underage girls. But the evidence against Kavanaugh falls far short of the evidence arrayed against each of these men.

.. “The notes say four boys were involved, a discrepancy that Ford says was an error on the therapist’s part. Ford said there were four boys at the party but only two in the room.” Nor do the notes mention Kavanaugh’s name, even though her husband says Ford named Kavanaugh in the sessions.

Those are important discrepancies, and if six years ago she told the therapist four men and says two men now, that suggests that her memory of the event may be suspect.

.. Finally, there are no other allegations of sexual misconduct against Kavanaugh. If there’s one thing we’ve seen time and again, it’s that one allegation often triggers a cascade of additional claims. There seem to be precious few men who engage in serious sexual misconduct just once.

Louis C.K. and Men Who Think Justice Takes as Long as They Want It To

In each instance, it has been less than a year since the allegations against these men surfaced, and in each instance, the men have done little in the way of public contrition. When they have apologized, they have done so with carefully worded, legally vetted statements. They have deflected responsibility. They have demonstrated that they don’t really think they’ve done anything wrong. And worse, people have asked for the #MeToo movement to provide a path to redemption for these men, as if it is the primary responsibility of the victimized to help their victimizers find redemption.

“Should a man pay for his misdeeds for the rest of his life?” This is always the question raised when we talk about justice in the case of harassment and rape allegations against public figures. How long should a man who has faced no legal and few financial consequences for such actions pay the price?

I appreciate the idea of restorative justice — that it might be possible to achieve justice through discussing the assault I experienced with the perpetrators and that I might be involved in determining an appropriate punishment for their crime. Restorative justice might afford me the agency they took from me. But I also appreciate the idea of those men spending some time in a prison cell, as problematic as the carceral system is, to think long and hard about the ways in which they violated me. I would like them to face material consequences for their actions because I have been doing so for 30 years. There is a part of me that wants them to endure what I endured. There is a part of me that is not interested in restoration. That part of me is interested in vengeance.

We spend so little energy thinking about justice for victims and so much energy thinking about the men who perpetrate sexual harassment and violence. We worry about what will become of them in the wake of their mistakes. We don’t worry as much about those who have suffered at their hands. It is easier, for far too many people, to empathize with predators than it is to empathize with prey.

.. he has remained in control of the narrative. He gets to break the rules, and then he gets to establish rules of his own when he must answer for his misdeeds.

.. He should pay until he demonstrates some measure of understanding of what he has done wrong and the extent of the harm he has caused. He should attempt to financially compensate his victims for all the work they did not get to do because of his efforts to silence them.

  • .. He should facilitate their getting the professional opportunities they should have been able to take advantage of all these years.
  • He should finance their mental health care as long as they may need it.
  • He should donate to nonprofit organizations that work with sexual harassment and assault victims.
  • He should publicly admit what he did and why it was wrong without excuses and legalese and deflection.

.. Whatever private acts of contrition these men, and a few women, might make to their victims demands a corresponding public act of contrition, one offered genuinely, rather than to save face or appease the crowd. Until then, they don’t deserve restorative justice or redemption. That is the price they must pay for the wrong they have done.

 

This valedictorian began to talk about sexual misconduct at her graduation. Then her mic was cut.

But about four minutes into her speech at the school’s graduation ceremony on June 2, the microphone she was speaking into was disconnected.

Seitz had arrived at a part of her speech that touched on sexual assault allegations at the school, without naming anyone in particular, according to a video she later uploaded to YouTube. But school administrators had cut her off at the moment she deviated from a script that she had previously submitted to them, the Santa Rosa Press Democrat reported.

David Stirrat, the principal of the public high school, told The Washington Post by email that students had submitted their speeches for approval, then practiced with a panel. They had been warned that if they went off script, the microphone could be cut off, he said.

.. She noted that the school had weathered a teacher’s strike and closures during the fires that raged last fall in Sonoma County, which she said had claimed some students’ homes.

But it was in her next sentence that school administrators decided to silence. She began it by saying that “the class of 2018 has demonstrated time and time again that we may be a new generation, but we are not too young to speak up, to dream and to create change. Which is why even when some people on this campus, those same people — ”

The mic cut off. The video shows the awkward silence that ensued on the field. After a few seconds, a few students in the audience stand and clap, with some beginning to chant, “Let her speak!”

According to the version of the speech that she read later and posted to YouTube, Seitz planned to say: “And even learning on a campus in which some people defend perpetrators of sexual assault and silence their victims, we didn’t let that drag us down.

.. “For weeks, they have threatened me against ‘speaking against them’ in my speech. Sometimes we know what’s right and have to do it.”

Comments:

.. Legally speaking, they had no right to “pre-approve” the speech. They had the option to choose who spoke, but had no rights over the content. Particularly for an 18 year old adult speaking.  Schools have the right to censor speech that is disruptive to the learning process, and to maintain discipline. Neither of these applied at a graduation, and a public forum doesn’t get to decide “appropriate”.

.. Nothing says ‘guilty’ like cutting off a speech that you fear is going to mention sexual misconduct at the school.

Nothing says guilty like censoring a speech to ensure nomination is made of sexual misconduct at the school.

.. The top equestrian coach, the Olympic swimming coach, the USC campus doctor, the President of the United States, all have been accused of years and years of sexual assaults.

And we say “How is it possible that no one speaks out?”

Well, we just witnessed how it happens. People in authority and high positions are protected. It’s unconscionable, but it’s true.

Tools of Trump’s Fixer: Payouts, Intimidation and the Tabloids

To protect his boss at critical junctures in his improbable political rise, the lawyer relied on intimidation tactics, hush money and the nation’s leading tabloid news business, American Media Inc., whose top executives include close Trump allies.

..  in the summer of 2015, when a former hedge-fund manager told Mr. Cohen that he had obtained photographs of Mr. Trump with a bare-breasted woman. The man said Mr. Cohen first blew up at him, then steered him to David J. Pecker, chairman of the tabloid company, which sometimes bought, then buried, embarrassing material about his high-profile friends and allies.

.. a female former Trump business partner had accused him of sexual misconduct, Mr. Cohen released a statement suggesting that the woman, Jill Harth, “would acknowledge” that the story was false. Ms. Harth said the statement was made without her permission, and that she stands by her claims. It was not the last time Mr. Cohen would present a denial on behalf of a woman who had alleged a sexual encounter with Mr. Trump.

.. American Media publications, which include The National Enquirer, Star, Us Weekly and Radar.

.. July 2015 when Mr. Cohen received a phone call from Jeremy Frommer, a hedge-fund manager turned digital entrepreneur, who had obtained photos of Mr. Trump appearing to autograph the breasts of a topless woman from the estate of Bob Guccione, the founder of Penthouse magazine.

.. “He was in a rage,” Mr. Frommer said in an interview. “He’s like, ‘If you show those photos, I’m gonna take you down.’”

.. It was a job Roy Cohn, a New York lawyer best known for advising Senator Joseph McCarthy, had done decades earlier for Mr. Trump.

.. Mr. Pecker and Mr. Trump, a staple of the American gossip media since the 1980s, have a friendship that goes back decades. The relationship benefited Mr. Trump throughout the campaign as The Enquirer lionized him and hammered rivals like Ted Cruz, Ben Carson and, finally, Hillary Clinton.