The Senate Is The Wrong Place To Air Christine Ford’s Allegations Against Brett Kavanaugh
The U.S. judicial system has a process for dealing with allegations of a crime, and Christine Blasey Ford should have to follow it, like any other accuser.
By Michael Abramson
September 21, 2018
The job of the Senate Judiciary Committee is to vet a Supreme Court nominee and vote on whether the entire Senate can vote on the nomination. It is not a court of law. Consequently, it should not hear testimony from Christine Blasey Ford or Brett Kavanaugh regarding Ford’s allegation of sexual assault. Neither should it recommend that the FBI conduct an investigation.
Here’s the process the committee should recommend that Ford follow instead. I’ll describe a constitutional and practical reason the committee is not the appropriate forum for the Ford matter, and discuss two dangers that could occur if the committee deals with Ford’s allegations.
Ford has a right to be heard. Individuals bringing forth criminal accusations, however, do not testify before the Senate Judiciary Committee about their claims or get to have the FBI investigate their allegations. The U.S. judicial system has a process for dealing with allegations of a crime, and Ford should have to follow it like any other accuser.
Ford should start the judicial process by filing a report with the police. The police would then investigate the allegation. Depending on the outcome of this investigation, an arrest and charge of a crime could occur. Lawyers would present and defend the case. Finally, a judge or jury would weigh the evidence and determine whether Kavanaugh is guilty.
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http://thefederalist.com/2018/09/21/senate-wrong-place-air-christine-fords-allegations-brett-kavanaugh/