Two Kavanaugh Articles that Really Hit the Nail on the Head

As usual, Victor Davis Hanson nails it again in National Review, when he compares the Supreme Court confirmation process to George Orwell’s dystopian novel, 1984.

In Orwell’s world of 1984 Oceania, there is no longer a sense of due process, free inquiry, rules of evidence and cross examination, much less a presumption of innocence until proven guilty. Instead, regimented ideology — the supremacy of state power to control all aspects of one’s life to enforce a fossilized idea of mandated quality — warps everything from the use of language to private life.

He goes on to make the comparison more fully:

Newspeak and Doublethink

Statue of limitations? It does not exist. An incident 36 years ago apparently is as fresh today as it was when Kavanaugh was 17 and Ford 15.

Presumption of Innocence? Not at all. Kavanaugh is accused and thereby guilty. The accuser faces no doubt. In Orwellian America, the accused must first present his defense, even though he does not quite know what he is being charged with. Then the accuser and her legal team pour over his testimony to prepare her accusation.

Evidence? That too is a fossilized concept. Ford could name neither the location of the alleged assault nor the date or time. She had no idea how she arrived or left the scene of the alleged crime. There is no physical evidence of an attack. And such lacunae in her memory mattered no longer at all.

Details? Again, such notions are counterrevolutionary. Ford said to her therapist 6 years ago (30 years after the alleged incident) that there were four would-be attackers, at least as recorded in the therapist’s notes.

But now she has claimed that there were only two assaulters: Kavanaugh and a friend. In truth, all four people — now including a female — named in her accusations as either assaulters or witnesses have insisted that they have no knowledge of the event, much less of wrongdoing wherever and whenever Ford claims the act took place. That they deny knowledge is at times used as proof by Ford’s lawyers that the event 36 years was traumatic.

An incident at 15 is so seared into her lifelong memory that at 52 Ford has no memory of any of the events or details surrounding that unnamed day, except that she is positive that 17-year-old Brett Kavanaugh, along with four? three? two? others, was harassing her. She has no idea where or when she was assaulted but still assures that Kavanaugh and his friend Mark Judge were drunk, but that she and the others (?) merely had only the proverbial teenage “one beer.” Most people are more likely to know where they were at a party than the exact number of alcoholic beverages they consumed — but not so much about either after 36 years.

Testimony? No longer relevant. It doesn’t matter that Kavanaugh and the other alleged suspect both deny the allegations and have no memory of being in the same locale with Ford 36 years ago. In sum, all the supposed partiers, both male and female, now swear, under penalty of felony, that they have no memory of any of the incidents that Ford claims occurred so long ago. That Ford cannot produce a single witness to confirm her narrative or refute theirs is likewise of no concern. So far, she has singularly not submitted a formal affidavit or given a deposition that would be subject to legal exposure if untrue.

Again, the ideological trumps the empirical. “All women must be believed” is the testament, and individuals bow to the collective. Except, as in Orwell’s Animal Farm, there are ideological exceptions — such as Bill Clinton, Keith Ellison, Sherrod Brown, and Joe Biden. The slogan of Ford’s psychodrama is “All women must be believed, but some women are more believable than others.” That an assertion becomes fact due to the prevailing ideology and gender of the accuser marks the destruction of our entire system of justice.

Rights of the accused? They too do not exist. In the American version of 1984, the accuser, a.k.a. the more ideologically correct party, dictates to authorities the circumstances under which she will be investigated and cross-examined: She will demand all sorts of special considerations of privacy and exemptions; Kavanaugh will be forced to return and face cameras and the public to prove that he was not then, and has never been since, a sexual assaulter.

In our 1984 world, the accused is considered guilty if merely charged, and the accuser is a victim who can ruin a life but must not under any circumstance be made uncomfortable in proving her charges.

Doublespeak abounds. “Victim” solely refers to the accuser, not the accused, who one day was Brett Kavanaugh, a brilliant jurist and model citizen, and the next morning woke up transformed into some sort of Kafkaesque cockroach. The media and political operatives went in a nanosecond from charging that she was groped and “assaulted” to the claim that she was “raped.”

In our 1984, the phrase “must be believed” is doublespeak for “must never face cross-examination.”

We are, quite literally, living in Orwell’s world.   It’s not pretty.

I am also impressed by this National Review piece by Rich Lowry.  I know he’s no fan of the President, but even he acknowledges that he may be, sadly, the man for the times.  Lowry’s honest and realistic take concludes:

Surely, a reason that the president appealed to many Republicans in the first place, despite his extravagant personal failings, was that they had decided that virtuous men would get smeared and chewed up by the opposition’s meat grinder, so why be a stickler for standards?

If Trump’s attacks against the media are over-the-top and sometimes disgraceful, at least he understands the score.

He may not be a constitutionalist, but he will be faithful to his own side, and fiercely battle it out with his political opponents.

Image Credit: By U.S. Court of Appeals for the District of Columbia Circuit [Public domain], via Wikimedia Commons