Burden of Proof

The alleged event took place 36 years ago. It was not a Federal Crime and therefore the FBI has rightly refused to investigate the matter further. Additionally it may have taken place in the jurisdiction of the District of Columbia. Even wrongfully assuming the alleged event was the highest felony sexual based crime. It has a statute of limitations of 15 years. So any charges or accusations should have been made at least 18 years ago it not before to be legally valid.

The Left insists that men who are accused of any sexually based crime are guilty until proven innocent. However, our Constitution and laws decree that the burden of proof is on the accuser and prosecution. And that all citizens are innocent until proven, beyond the shadow of a doubt, guilty. The Left’s mindset is an abomination against Liberty and freedom within this Republic.

However we will look at the accusation to see if it has any merit what so ever, even though the accused cannot be charged or tried for the event due to the statute of limitations within the District of Columbia. According to Ms. Ford this is what happened 3 and a half decades ago.

When she was 15 years of age, she was at a high school party. This was a co-ed party with girls and boys attending. There was underage drinking going on and she admits that she had been drinking and was in fact drunk during this party.

Two boys, one being now identified as Supreme Court Nominee Mr. Kavanaugh, were also present. These 2 boys and herself were drunk and ended up alone in a bedroom at the house were the party was being held.

One of the boys covered Ms. Ford’s mouth to prevent her from screaming. The other boy, now identified as Mr. Kavanaugh, was on top of Ms. Ford.

However, since both boys had been heavily drinking they had fallen off the bed onto one another during their struggle with Ms. Ford. At this point Ms. Ford escapes from the two entangled boys.

What happened after that is not yet known. Did Ms. Ford leave the party or did she remain there? Where there any adults present at this party? These and more are questions that need to asked.

What is known is that the incident was never reported to an adult, a teacher, the police, or Ms. Ford’s parents. Had it been there would have been an entire chain of events that simply did not happen. It is believed that Ms. Ford did tell a few close friends about it but it was kept silent after that.

From my own experience, I too was 15 years of age at the same time. Back in 1982 when this event allegedly took place. I cannot remember a single thing in detail of what I did during that year. I can make some guesses of course but the accuracy would be in doubt. Add a drunken party to the mix and the odds go way down at recalling anything with any real accuracy about it.

Given that Ms. Ford admits to being drunk at this teenage party calls her entire accusation into question. Especially 36 years later. Did it happen as she said, did any of it happen at all? Or is it all a fabrication of lies?

Ms. Ford and her fellow Democratic Leftists call this alleged event “attempted rape”. That is very strong language to use on an event that was just “remembered” so recently from so long ago. At best, if was still chargeable, it would be assault.

Now I will admit that a teenage male has a lot of sexual tension, drive, and desires. That is indisputable, but not proof of attempted rape. And being drunk can lower ones inhibitions as well. This can happen with any drunk individual, teenager and adult. But it is still not proof of attempted rape. And no where in Ms. Ford’s telling of this event does it mention that either boy was without clothing or even had partial clothing. This does cast doubt on the attempted rape accusation.

On the accused side of this story is Mr. Kavanaugh. He states simply that the alleged event did not take place. But here, I do have to say that IF it did happen as Ms. Ford states, it is possible that Mr. Kavanaugh’s memory of the event is long gone and may not remember that it happened at all.

Also being drunk and being a minor does not excuse such behavior. It was assault if nothing more serious. But we will never know the true intent, if the event actually did take place. And as I stated at the beginning, this happened too long ago to be a legal issue.

In our political arena and climate this kind of accusation sets a dangerous president. To be able to accuse a member of an opposition party of sexual misconduct from an unprovable vantage point decades in the past in order to prevent that person from seeking and obtaining political office is evil. It destroys liberty and it undermines our Republic. It can ruin lives and careers both public and private. All from an accusation that is unprovable and in some cases maybe completely false.

The burden of proof is on the accuser or prosecution within our Republic. And this includes testimony before a Senate hearing.

Ms. Ford also does not state when and where exactly this party was located either. Casting further doubt on the event. Give this information and we can find where Mr. Kavanaugh was located then.

Ms. Ford has offered no proof and Mr. Kavanaugh denies the event. The 2nd boy is unknown. So there are no other witnesses to bring forth new information. There is also no DNA or other evidence at all. Nothing.

We only have the word of a Democratic Party member and donor. One who has been involved in protests against the current Administration. One who believes that the President is not her president. Ms. Ford’s own actions would indicate that she would be against any nomination made by the current Administration to the High Court, no matter the person’s character, qualifications, or even gender.

Ms. Ford has not protested or brought up accusations against Mr. Kavanaugh in his past appointments to the Federal Court system. He has been before the Senate Judicial Committee before and was confirmed by the Senate. No word of any sexual misconduct. Only now, when he is being nominated to sit on the High Court does she come forward with this accusation.

What Ms. Ford did do was to send a letter to Senator Feinstein, a Democratic Senator on the Judicial Committee. Senator Feinstein is a well known Leftist and her public statements show a strong bias against the male gender. Within Ms. Ford’s letter, she demanded that the FBI investigate the alleged event. Thankfully the FBI has refused this unauthorized demand on their time and funds. It accusation does not fall under FBI jurisdiction. Ms. Ford, if you want a private investigation, hire a private investigator to do it, the FBI is not at your disposal.

Senator Feinstein did exactly what the Democratic Senators accused Senator Grassely of doing on the 1st day of the hearing. Not giving out documents in time for them to be read. Senator Feinstein received Ms. Ford’s letter on July 30th. And sat on it until the 11th hour, only then revealing its existence in an attempt to stall the vote or deny the nomination in committee.

At the time of this writing, Ms. Ford has agreed to testify but not yet agreed to do so by the Monday deadline. She demands protections from the Republican Senators. Unless she is going into a witness relocation program, she isn’t entitled to any extra protections. She is not a witnesses but the accuser. Every citizen has the right to face their accuser.

She has been given a deadline, she either meets such deadline or doesn’t. She is then either subpoenaed and brought before the Senate Judicial Committee or is found in contempt if she does not appear and goes to jail. If she elects not to testify, then the Senate moves forward with their confirmation and the accusation is stricken from the record.

I personally would like her to come and testify. If the alleged event actually took place there are unanswered questions about it that need answers that only she can give. Yes it will be hard. That happens anytime someone in an other’s accuser. And I know there is a negative stigma attached to victims of sexual assault. That is unfortunate, but she needs to be strong.

I have already written about how I don’t think Mr. Kavanaugh should be on the bench at any level in our courts. He is part of the problem of black robed tyrants based on some of his testimony and other statements prior to his hearing. However, he is the best available candidate that can be put on the High Court bench at this time and place in our history.

And if such testimony of Ms. Ford removes all doubt to her accusation, then I will join those in stating Mr. Kavanaugh should not be confirmed. But that burden of proof is on Ms. Ford and Ms. Ford alone.

 

Author: bynw

Christopher Rheinherren is "bynw" and the site owner and primary post author. A life-long conservative-Constitutionalist when it comes to politics. A believer and follower of Jesus Christ. A Linux enthusiast. And a gamer.

One thought on “Burden of Proof”

  1. I saw this on Facebook, Randy Davis had posted it. And I thought I would add it here too. Just slightly modified.

    Here’s a timeline:

    1982 – Something may or may not have happened with another 2 (or 4) teenagers at a party, she cannot remember who threw the party, where the party was held, who she was with or how she got home.

    She was drinking and said nothing to anyone.

    1983,

    1984,

    1985,

    1986,

    1987,

    1988,

    1989,

    1990,

    1991,

    1992,

    1993,

    1994,

    1995,

    1996,

    1997,

    1998,

    1999,

    2000,

    2001,

    2002… She said nothing.

    July 25, 2003:

    President George W. Bush nominated Kavanaugh to the United States Court of Appeals for the D.C Circuit… She said nothing.

    2004,

    2005… She said nothing.

    May 11, 2006: The United States Senate Committee on the Judiciary recommended confirmation.

    Kavanaugh subsequently confirmed by the United States Senate… She said nothing.

    June 1, 2006:

    Kavanaugh sworn in by Justice Anthony Kennedy… She said nothing.

    2007,

    2008,

    2009,

    2010,

    2011… She said nothing.

    2012… She remembered ‘something’ happened in 1982, yet doesn’t name Kavanaugh, still said nothing to authorities.

    2013,

    2014,

    2015,

    2016,

    2017 – becomes an Anti-Trump activist.

    2018 – now 36 years later, with Kavanaugh’s SCOTUS confirmation looming, she pens an anonymous letter with grave accusations against Kavanaugh regarding “foggy circumstances” that occurred while they were both minors, then reveals herself and DEMANDS an FBI investigation before testifying to her incredible allegations?

Leave a Reply

Your email address will not be published. Required fields are marked *