The Briefing Room
General Category => Trump Legal Investigations => Topic started by: ConstitutionRose on September 25, 2018, 08:04:05 pm
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When the complaint is “he said/she said,†we should not helplessly acquiesce to coin-flip justice that picks winners and losers based upon the identity politics profile of the accused and accuser. Experience with a career’s worth of complaints in hearings, depositions, and negotiations has taught me some tells, red flags that warn that an innocent person stands accused.
Without naming any particular accusation, I offer these factors for consideration to the fair-minded who remain open to the possibility that guilt or innocence is not simply a question of politics. I also remind the reader that politicizing these accusations have allowed men like Harvey Weinstein, Al Franken, Matt Lauer, Les Moonves, Bill Clinton, and Keith Ellison to escape accountability. Nobody seems to care if they walk the walk so long as they talk the talk.
http://thefederalist.com/2018/09/25/10-red-flags-sexual-assault-claims-employment-lawyer/ (http://thefederalist.com/2018/09/25/10-red-flags-sexual-assault-claims-employment-lawyer/)
Read it. All ten red flags apply to the accusations against Judge Kavanaugh.
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Good article. All the red flags mentioned are present in the smear of Kavanaugh.
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Thanks for posting this.
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Bookmarked!
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Great article! Thanks!
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10 Red Flags About Sexual Assault Claims, From An Employment Lawyer
The Federalist, Sep 25, 2018, Adam Mill
I stand athwart the streamroller of sexual misconduct complaints that crush the innocent, end marriages, and destroy careers. In the Me Too era, I am an employment attorney in the politically incorrect vocation of defending who must pay if misconduct is found.
[...]
I don’t interrupt. I don’t impugn. I just ask the accuser to walk me through what he or she is saying entitles him or her to damages. We know from cases like the Duke lacrosse team that mob justice can trample defense of the falsely accused.
It’s not nice or politically correct to say, but people do sometimes lie to get money, revenge, power, attention, or political advantage. False allegations of sexual assault have been documented. Even the most pro-accuser advocates acknowledge that 5 percent of the claims are simply false.
When the complaint is “he said/she said,†we should not helplessly acquiesce to coin-flip justice that picks winners and losers based upon the identity politics profile of the accused and accuser. Experience with a career’s worth of complaints in hearings, depositions, and negotiations has taught me some tells, red flags that warn that an innocent person stands accused.
More: https://thefederalist.com/2018/09/25/10-red-flags-sexual-assault-claims-employment-lawyer/
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7. The accuser makes unusual demands to modify or control the process.
It’s a flag when the accuser demands a new investigator or judge without having a substantial basis for challenging the impartiality of the process that’s already in place.
8. When the accuser’s ability to identify the accused has not been properly explained.
In the Duke lacrosse case, the accuser was shown a lineup of photos of potential attackers. Every photo was of a member of the team. None were of people known to be innocent. It’s a red flag when an identification is made only after the accused appears in media and the accuser has not seen the accused for a number of years or was otherwise in regular contact with the accused.
9. When witnesses don’t corroborate.
10. When corroborating witnesses simply repeat the accusation of the accuser but don’t have fresh information.
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Flags 1-6 fit like a glove, too. IMHO.
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Based on this article, Ford is a fraud.
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This article should be required reading for the committee and the full senate.
As far as the author's assertion that these usually illegitimate claims will forever be part of the process in elections and Supreme Court nominations -- well, it doesn't have to be that way if the accused and his party fight back.
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As an employment lawyer myself, I can say that article is completely accurate. Pretty much the mental checklist you go down when deciding what to believe.
I'll reiterate his point that there is generally a grain of truth in most harassment allegations. The grain sometimes is tiny, but it's usually something -- that's how people can convince themselves that they're justified even if they're lying about the larger issue. But the grain is often completely innocuous behavior distorted out of all proportion. Where some accused can get in trouble is if they're angry at the false implication/characterization being made, so they deny even the grain of truth. And if there is some extrinsic evidence that the grain is true, all of sudden the truly innocent accused looks like a liar on that little issue, so people start wondering if the larger lie is true as well.
This case is different, though. You've got a very smart, experienced judge who knows that he should admit any innocent grains that are true for his own benefit, yet he's flatly denying the entire basis of it. And on his side, none of the corroborating witnesses are backing up the accuser, so there is not even a shred of extrinsic evidence that there is a "grain" of truth (such as him being present at the party at all). He's the kind of guy I'd believe is telling the truth.
Everything else -- rightly -- suggests this is a false accusation as well. The complete lack of any contemporaneous corroboration, and the frankly curious lack of her ability to identify even the month in which this supposedly happened.
This accusation reeks.
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Topics merged.
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10 Red Flags About Sexual Assault Claims, From An Employment Lawyer
It’s not nice or politically correct to say, but people do sometimes lie to get money, revenge, power, attention, or political advantage. False allegations of assault have been documented.
Adam Mill
By Adam Mill
September 25, 2018
I stand athwart the streamroller of sexual misconduct complaints that crush the innocent, end marriages, and destroy careers. In the Me Too era, I am an employment attorney in the politically incorrect vocation of defending who must pay if misconduct is found.
My skin is thick, and I do not melt when asked, “How dare you!†I dare because I do not want the innocent to be wrongly punished. I know it’s a very unfashionable to advocate on behalf of the presumption of innocence, and I am often reminded of how insensitive and outdated the principle is in today’s climate.
http://thefederalist.com/2018/09/25/10-red-flags-sexual-assault-claims-employment-lawyer/ (http://thefederalist.com/2018/09/25/10-red-flags-sexual-assault-claims-employment-lawyer/)
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Topics merged.
Thank you. I was just about to ask you to do so.
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Excellent source material explaining aspects of False Sexual Assault Claims.
Note we see a number of these in the Ford claim.
:)
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The depravity/deviousness of the liberal media is witnessed in the twitter feed by a lib reporter that Ford has "corroborating" witnesses to her claim of sexual assault by Kavanaugh.
Except they're not corroborating witnesses. They're people she supposedly told her tale to.
Bottom line: they weren't there, they're just acknowledging what Ford told them.
She is still providing no facts about her claim. We're still supposed to believe her word with no facts to back up her claims.
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Topics merged.
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Read it. All ten red flags apply to the accusations against Judge Kavanaugh.
Absolutely! All those and more.