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Thursday, September 20, 2018

Gambit to Stop Kavanaugh Vote for Supreme Court Position ?

Nadene Goldfoot                                         
 
      "The Universal Declaration of Human Rights, article 11, states: "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence."."This is the American way.   "It was traditionally expressed by the Latin maxim ei incumbit probatio qui dicit, non qui negat (“the burden of proof is on the one who declares, not on one who denies”)."
                                                      

We must not be living in the USA, because many in California have risen to declare that Judge Kavenaugh, an American judge, is guilty of the accusation by Dr. Ford of attempted rape and scaring her half to death when he was 17 and she was 15.  She's a Californian professor and psychologist who evidently was suffering from repressed memories and was known to have stumbled on this memory sometime before July of this year as the Democrat leader, Feinstein knew of it in July.  He's already gone through days of grilling by all the senators and FBI checks.  

"Ford, a research psychologist at Palo Alto University in California, came forward over the weekend to allege that Kavanaugh pinned her on a bed and tried to take off her clothes during a high school party in Maryland in the 1980s. Kavanaugh denies the allegations, which would be beyond the statute of limitations under Maryland law."  
                                                          

This man has been a reputable judge for 12 years, and has been checked thoroughly by the FBI, ready to be voted on for the Supreme Court vacancy.  He's as close as you can get to a saint, and suddenly all these people are accepting her accusation as bonified truth WITHOUT listening to his denials and his friend's denials who supposedly, according to Ford, was in the bedroom with them. Kavenaugh, schooled in an all boy's high school in Maryland denies ever being in such a party and doesn't know the accuser.  Who would remember each other since he was to have been 17 and she 15 at the time of the accused event which happened in 1982.  She didn't until someone used hypnotism or something similar to bring out such repressed memories that have been causing her some sort of difficulties.  

Here we are in a country that G-d forbid we should call a Hamas member a terrorist, but we can call a qualified judge who has been checked and double checked, who had a record without a blemish, GUILTY!.   
                                                       

That account drew widespread skepticism, primarily because Ford had said the alleged incident happened in the summer -- when school was out of session. 
                                                        

Roseanne Barr,  the Emmy-winning actress once accused her parents of incest, and while she later expressed regret over those claims, she didn't exactly take them back. Evidently she didn't need a psychologist to regain these repressed memories.  "As she explained, her long-repressed memories came flooding back two years prior when then-husband Tom Arnold called her from rehab and told her he was molested as a child. "Immediately after hanging up, I began to shake and sweat," she said. "Pictures started to appear before my eyes — surreal and frightening, looming large, then crystallizing into my mother's face."
She accused both her parents of sexual abuse.  "At the time, parents Helen and Jerome Barr denied all the allegations through their attorney. Roseanne's brother, Ben Barr, declined to comment; and her sisters, Stephanie and Geraldine, couldn't be reached. (In a 1994 memoir titled My Sister Roseanne, Geraldine denied Roseanne's accusation and defended their parents, though she said she had forgiven her famous sister. "May you one day also come to know such peace," she wrote in a passage aimed at Roseanne, "despite currently being in the midst of a hell of your own creation.") "While appearing on The Oprah Winfrey Show nearly 20 years later, however, Roseanne said she regretted those accusations. "I think it's the worst thing I've ever done," she said, per Access. "It's the biggest mistake that I've ever made."  She admitted she shouldn't have used the word, "incest."  

 "Many clinicians who work with trauma victims believe that this dissociation is a person's way of sheltering himself or herself from the pain of the memory. Many researchers argue, however, that there is little or no empirical support for such a theory."
                                                                 
 
"Senate Judiciary Committee chairman Chuck Grassley sent a letter to Christine Blasey Ford’s attorney Wednesday making a final request that Ford attend a committee hearing scheduled for Monday and making clear that the FBI has no jurisdiction to investigate her claim prior to the hearing."
                                                                        

The evidence of at least two witnesses was required for convicting the accused (Num. 35:30; Deut. 17:6; 19:15; cf. I Kings 21:10, 13). 
                                                                   

"The Torah says (Deuteronomy 19:15): "One witness shall not arise against a man for any sin or guilt that he may commit; according to two witnesses or according to three witnesses a matter shall stand."
                                                            
Testimony in Jewish law consists of testimony by eligible witnesses to a Beit Din (court) authorized to render decisions according to halakhah (Jewish law). Eligible witnesses must in almost all cases be free men who are not deaf, mentally or morally unsuitable, or too young for Bar Mitzvah; in particular, women are in most cases not eligible. The principles of testimony in halakhah have been applied to Mishpat Ivri (Hebrew jurisprudence). The testimony of two witnesses is equal in its force to the testimony of three or more witnesses. Thus if two witnesses say an event occurred, and one hundred witnesses say it did not occur, the groups of witnesses are considered to contradict one another, but no more weight is given to the larger group; other evidence is needed to reach a judgment. If one of the witnesses is disqualified, his entire group is disqualified, even if the other witnesses are themselves qualified and could present a valid testimony without his assistance. (Source: Makkot chapter 1.)" 
We see then that the need for 2 witnesses to an act is necessary for verification and this goes back to Moses (1391 BCE-1271 BCE) who gave us laws to live by.  That was over 3,000 years ago.    
                                    

 In Civil Law of the USA:  In this case, the witnesses Ford said were there have denied being there.  
In many states, presumption of innocence is a legal right of the accused in a criminal trial, and it is an international human right under the UN's Universal Declaration of Human Rights, Article 11. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must collect and present compelling evidence to the trier of fact. The trier of fact (a judge or a jury) is thus restrained and ordered by law to consider only actual evidence and testimony presented in court. The prosecution must, in most cases prove that the accused is guilty beyond reasonable doubt. If reasonable doubt remains, the accused must be acquitted.
What is Ford gaining out of this accusation?  It seems logical that the Democratic Party gains more than she by stalling until the midterm elections are over, throwing a coverlet of of ugly accusations at the judge they were about to elect.  Ford opened Pandora's box at the wrong time after every other pandora's boxes were allowed to be opened.  Thus, the time period was over.  Her chance to accuse was over.  IF her health was that important and the only way to help her was to do this tell all, why didn't she at the appropriate time?  Thus the only thing it accomplishes is THE STALL.  Stalling hurts the Republicans and it certainly causes Kavenaugh and his wife and two daughters disreputable harm.  
Let's say this actually happened, which I doubt.  Look at his record before it happened and after it happened until now.  His record is unblemished before and after.  All the women he trained and have been around speak highly of him.  We should all have been so lucky as to know such a fine man.  
                                                                         
When it comes out that  it cannot be proven and that he is innocent of an accused even at age 17 in 1982, I do hope that all who said he was guilty go out and eat worms.  Democrats have proven that they do not stand for what this country was built upon; the very essence of it's beauty, that man is innocent until proven guilty.  
Republicans signaled Tuesday night that they would not negotiate an alternative date and would go ahead with the hearing without her or declare it unnecessary if she refuses to appear, then possibly move to a vote. They have repeatedly stressed that Monday would be Dr. Blasey’s opportunity to testify, either privately or publicly, and that they planned to move forward with the confirmation process afterward.
Update:  9/21/18  Ford was offered a 10pm deadline eastern time tonight and she answered by wanting another day.  
Update: Kavenaugh, raised in Bethesda, Maryland, attended Georgetown Preparatory School there, a Jesuit University preparatory school for boys from grades 9 thru 12.  Kavenaugh was captain of their basketball team and was on the football team, playing wide receiver and cornerback. " It is among the most selective boarding schools in the United States and the only Jesuit boarding school in the country. It is located in the Roman Catholic Archdiocese of Washington on 93 acres."  As we hear, this act of near rape was to have happened during the summer when school was out.  
Dr. Ford lived in Bethesda, Maryland and attended Holton-Arms School, also a private university-preparatory school, graduating in 1984. It is a girls school for grades 3 thru 12.   The School's mission is to cultivate the unique potential of young women through the “education not only of the mind, but of the soul and spirit.” (Jessie Moon Holton, 1866–1951). The School’s motto is Inveniam viam aut faciamI will find a way or make one.
Update:  Dr. Ford is to comply on Tuesday and speak.  In the meantime, another accuser has surfaced; another 30 some year ago history, this time at Yale as freshmen with Kavenaugh and the accuser drunk and the witnesses are denying the party.  This timing is too coincidental and is obvious it is a tactic to keep Kavenaugh from being a part of the Supreme Court.  Somebody figured that Ford wasn't good enough reason to stop Kavenaugh and she wasn't.  The affect on me is that the Democrats are frantic, finding nothing wrong in false accusations.  Women are acting like a herd of heifers, following the leader blindly that is going to take them rushing over a high cliff.  This is all because of the Me Too Movement.  Women stopped thinking rationally in their zeal to get even with men.  Diane Feinstein is the head heifer, first to go over the cliff.  She's ruined her own reputation by her sleezy act.   If I were Kavenaugh, I'd sue these women for defamation of character.  Maybe that would force women to realize  that making false accusations has consequences.   Trying to prove shaky memories is really a slippery slope, especially if a sexual act goes against the man's constant reputation.  Knowing that these women are making accusations without proof would cause a normal person to chuck it; not do it after 30 plus years without strong proof.    The affect wanted is so obvious; to harm the person today.  
Update: 9/25/18 a 3rd woman has been found by the 1st woman (Dr. Ford)'s lawyer.  They are out to besmirch his character.  The 1st two Democrats dug up could not validate their accusation.  We are waiting to hear about this 3rd now.  Thursday is supposed to be the final day of hearing from Ford.  Will she show up?  Kavenaugh must be suffering terribly from all this.  A man already having gone through grueling questions from all the Senators, passed their tests, and now this last minute wrench being thrown in to stop progress.  He doesn't deserve this pain.  A man with a perfect record, like a saint, now being spoken of as a sinner of sexually attacking women.  In his life, he has worked to help women.  The Senators decided to go ahead with the voting and stay on schedule unless real evidence is presented at the hearing.  
Reference:  https://www.intouchweekly.com/posts/roseanne-barr-incest-156910
http://www.apa.org/topics/trauma/memories.aspx
https://www.nationalreview.com/news/grassley-explains-the-fbi-cant-investigate-claim-in-letter-to-kavanaugh-accusers-attorney/
http://www.foxnews.com/politics/2018/09/19/kavanaugh-classmate-has-no-recollection-party-where-alleged-sexual-assault-occurred.html
https://en.wikipedia.org/wiki/Testimony_in_Jewish_law
http://www.foxnews.com/politics/2018/09/19/kavanaugh-classmate-has-no-recollection-party-where-alleged-sexual-assault-occurred.html
https://www.nytimes.com/2018/09/18/us/politics/christine-blasey-ford-kavanaugh-senate-hearing.html
https://www.independent.co.uk/news/world/americas/us-politics/brett-kavanaugh-high-school-sexual-assault-trump-senate-christine-blasey-ford-a8544011.html
https://reason.com/blog/2018/09/19/kavanaugh-buddy-says-reason-roundup
https://www.holton-arms.edu/about
https://people.com/politics/kavanaugh-accused-sexual-misconduct-second-woman-yale/

1 comment:

  1. Of the 10 Commandments, the 9th is, you shall not bear false witness against your fellow. Exodus 20:13. This has its literal meaning, and also prohibits gossip and slander. In view of the Democrats voicing their distain at Kavenaugh, letting us all know how they wanted to stop his joining the Supreme Court, this does seem like a last minute stab at ending his chances. The timing is too exact. Is this why Feinstein sat on this letter for so long? Why hasn't she allowed the Republicans a chance to see it? All is so vague after 36 years. And yes, it's very obvious that Dr Ford didn't tell her parents about the party as they were drinking at this party; not a party for such a girl. I bet she didn't attend another one like this again.

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