Army Bob: Dr. Ford’s charges lack prosecutorial merit

Army Bob: Dr. Ford’s charges lack prosecutorial merit

by Robert M. Traxler

The confirmation hearings of Judge Brett Kavanaugh for the Supreme Court have brought the horrible crime of sexual assault to the forefront, and as we would expect, most beliefs in the validity of this case are falling into party lines.

The numbers on attempted rape reports founded as compared to unfounded, are hard to nail down because in some cases it is a hard crime in which to determine the truth. Physical evidence is the investigator’s best tool. Rape is traditionally the most under-reported crime and at the same time among the most falsely reported crime.

According to a report in Bloomberg News, “Could the number be between 3 and 8 percent? Absolutely. But it could be substantially higher than 8 percent; it could even be that 40 percent of rape accusations or more are false, though I’d bet against that. It’s possible that less than 3 percent of rape accusations are false, though again, I would offer good odds against that. The point is that we don’t know, and the groups that claim to know are wrong together.” — Bloomberg.

If we take the politics out of this report of sexual assault/attempted rape made against Judge Kavanaugh by Dr. Christine Blasey Ford (an impossible thing to accomplish by the way), the charge is impossible to prove. Stating that, which is a fact (unless the accused confesses) will cause the folks who are anti-President Trump to refer to me by many awful names. However, a crime with three witnesses, two of whom denied it happened, no physical evidence, and being over 30 years old, is impossible to prove.

Many of the talking heads and political people line up in the “he is guilty until proven innocent” camp and in the “you must believe the politically correct victim” camp. The politically correct victim must be believed, or you are being an old white male defending a man who is guilty, and you are not protecting women, at least per Ms. Joy Behar of “The View.”

According to mrc News Busters, “Sadly, since coming forward with accusations of sexual assault against Supreme Court nominee Judge Brett Kavanaugh, Dr. Christine Blasey Ford and her family have received numerous death threats. Also during that time, Kavanaugh and his family have also received horrific treatment. Despite the seriousness all around, ABC’s World News Tonight sided with Ford on Thursday by choosing to only report the threats to her and threw those against Kavanaugh in the trash.”

The fact that we must believe someone because of gender reminds me of my years in the deep South in the 1960s, when a white person’s word was given more weight than two African Americans’. I fully understand the truth is whatever folks want it to be, left and right; however, looking at this as a strictly criminal matter, regardless of your political view should be a no-brainer. Dr. Ford maintains she repressed the memory of this alleged assault until undergoing counseling; repressed memory syndrome is an extremely controversial topic in psychology and one many in the field do not give much weight. Given the facts of the case, an investigation, even by the FBI, could not yield enough evidence to prosecute.

If we look back to Justice Clarence Thomas’s confirmation hearings in 1991 and the unproven charges made by Professor Anita Hill against then judge Thomas, we can see that those who say there is nothing in this for Dr. Ford are just wrong. Professor Hill’s net worth is between 4 and 12 million dollars depending on the political bent of the reporter. Professor Hill has several lifetime salaries from different colleges and universities and has had very lucrative book deals. Pointing that fact out will cause the good folks on the anti-Trump side of this nomination to become unglued, well so be it.

Democrat United States Senators who say they believe in the law and believe in the concept of innocent until proven guilty beyond a reasonable doubt, are standing up saying Judge Kavanaugh is guilty, they are sure of it. Exactly how that double standard works is beyond me.

Let’s look at this case. The victim states the assault happened, the accused and one witness say it did not happen; there is no physical evidence, the complainant cannot recall the date or location of the alleged crime, and there is a claim of repressed memory syndrome, a concept that has not proven reliable in criminal matters. The entire allegation lacks prosecutorial merit.

A group of women celebrities added their names to a petition saying they believe Dr. Ford’s testimony. At the date and time of their statement, Dr. Ford had not testified under oath to anything. Although she has not testified, no problem — they believe her, no matter what she says, because they want to.

Bring the guilty man in, give him a fair trial and then hang him! Has it come to that?

15 Comments

  1. Lynn Mandaville

    Respectfully, Ms. Ford’s “charges” do not have to meet prosecutorial standards. No criminal charges have been filed. Ms. Ford is merely offering references for a job applicant, Mr. Kavanaugh, who is seeking a position on the highest court in the land. Such references in any job-seeking situation are what they are, faulty at worst, stellar at best. Perhaps letting a thoughtful, careful process go through the motions would be the prudent course on this one.

    • Robert M Traxler

      Mrs. Mandaville,
      Thanks for the comment.
      Let’s hope it is cooling a bit in the great American Southwest.
      The Kavanaugh hearings are a job interview, Ok.
      A hypothetical: You are up for the position of head librarian in a very prestigious library system, a job you are very qualified for. All is going well then after the public hearing phase of your application is closed, a letter comes to light saying you stole books from a library when you were a teenager. The letter cannot state which library building or what date you and a friend stole the books, and your accuser said they only remembered the theft after marriage counseling made them recall a repressed memory.
      The person you are charged with stealing the books with you stated it never happened, you have a letter from 75 friends and classmates who say you are not capable of the charge. You go under oath and deny the charge. Your life has been exemplary in all aspects and you are a valued member of the community.
      Some members of the Library Board say the letter is creditable and you are not, the letter must be believed as the charge is serious. The Board requires you to submit proof you did not steal books; it is up to you prove your innocence. So, go ahead and prove you did not steal the books.
      I fully understand that the sexual assault charge is more serious, and the Supreme Court is a larger job than a librarian, but the process is the same.
      Enjoy the “fall” in a truly delightful part of our great nation.

      • Lynn Mandaville

        Mr. Traxler, Bob, it is up to each applicant to put his best foot forward, which is why, in most normal cases, applicants offer a list of references approved by the applicant. I have never heard of an instance where an unsolicited reference was offered where a run-of-the-mill job was sought. That being said, hearings for an appointment to the Supreme Court are outside the ordinary. In this case and unsolicited reference was offered by Ms. Ford. The reference was, unfortunately, mishandled by Sen. Feinstein, and the ensuing circus has arrived. That doesn’t mean the now public reference should be discounted out-of-hand. The allegations hold significance as to possible bias by the nominee in deciding cases that relate to women’s civil rights. It is up to the hiring body to decide, after careful investigation and consideration, whether to make a hasty political choice or a deliberate, cautious, nonpartisan choice. As of this writing, Kavanaugh has furthered the political aspects of the issue by appearing on conspicuously conservative FOXNews to plead his case. That is how he is choosing to “prove” his innocence. In the hypothetical position you would place me with an accusation of book theft, I would need to plead my case in the most positive, productive manner I could. If I could not plead my case without doing harm of some kind to the library, it would behoove me to withdraw my application. Depending on what happens this Thursday, maybe Mr. Kavanaugh ought to consider similar action to prevent harm to the Court or the country in general.
        I’m relieved that you are among men who know sexual assault is never acceptable and must be taken seriously. A job on the Supreme Court ought, in my opinion, be held by people who are above suspicion and reproach.
        It is still 100 degrees here during the day, but the nights are beginning to cool a bit. Posts from MI show that you are entering another glorious autumn.

        • Don't Tread On Me

          Mr. Kavanaugh is the person for the highest court position. He has been investigated 6 times previously with a spotless reputation and record. Now, the Democrats find these few “ladies” making outlandish accusations with no corroboration whatsoever. And when they say there were others who were present, nobody can substantiate their accusations. It is what it appears to be, a “stop Kavanaugh” sleaze campaign. If the Democrats keep up this Kabuki dance, they will lose more voters. They have turned into die hard Marxists. The party of JFK has turned into haters of the country.
          The Trump Derangement Syndrome has gone on long enough, get over it. 6 more long years of misery are in your Democrat future. The party has turned into the mascot.

        • Robert M Traxler

          One more thought: Innocent until proven guilty is not only an American constitutional right but an international human right, in and our of a court of law. In pursuit of plane old decency should we not protect human rights. If your child was expelled from school or you were fired from a job or not hired because of an unprovable rumor would that be fair and just? Something to think over.

  2. Basura

    I was involved, during my career, in numerous issues around sexual abuse, including investigation, provision of reports and testimony, sentencing recommendations, supervision of felons, and other aspects of these kinds of cases. Not everyone appreciated my efforts, which is why is use a pseudonym, not that I think any miscreants would read this fine publication. I have known of countless cases where guilty parties lied about what they’ve done, and at least a couple cases where the accusations were false and innocent men were falsely accused. It seems to me that if Kavanaugh is indeed a man that has not sexually abused women, then the Republicans are doing him a huge disservice by failing to investigate the allegations. The FBI could very well re-open their investigation on the man – and it is not fair to him, or the accuser, that this is not to happen.

    • Robert M Traxler

      Mr. Basura,
      Sir,
      We have the unpleasant experience of investigating sexual assault cases in common, I have signed hundreds. A 37 year old complaint with no crime scene or physical evidence 1 witness, 1 complainant, 1 accused. The witness states it never happened. Toss in repressed memory syndrome and the case lacks investigative merit, no prosecutor would touch this case unless for political reasons, no jury would convict.
      The whole matter boils down to holding off the appointment until after the mid terms.
      Thanks for the comment and thanks for your service.

      • Don't Tread On Me

        Your last paragraph is what this is all about. Delay, smear, delay, smear, delay. If these women aren’t credible, they will find more. The Democrats have no shame and have turned into the jackassas they are. The tactics are meant to generate more votes in Nov., this may backfire on them “biggly”! The Fake News is panting for the downfall of Kavanaugh. Take the vote Friday.

        • dennis longstreet

          I only see one jackass you have so much Trumpy Bear SHIT on your nose and eyelids and can’t see the truth. Keep hiding, Tread Boy.

          • Robert M Traxler

            Mr. Longstreet,
            Sir,
            Thank you for taking the high road, very articulate of you. I am sure most folks do not approve of such childish language. You sir, are better than this.

  3. Basura

    This is not being investigated for prosecution. Should this guy be appointed to the Supreme Court? Does character count? We have an admitted sex abuser in the White House. If Kavanaugh didn’t do it, he deserves a chance to put forward his case. If he did do the things of which he’s accused, we – the United States – deserve better.

    • Robert M Traxler

      Mr. Basura,
      Sir,
      Innocent until proven guilty is a human right not merely a legal right. Or am I wrong? President Trump is not the person this hearing is about, his actions have no bearing on the facts.

    • Don't Tread On Me

      Mr Basura,
      Your statement of an admitted sex abuser is correct if your speaking of William Jefferson Blythe Clinton.
      How does one defend himself of false accusations?

      • Basura

        Tread guy,
        It was Trump that said, “I grab ’em by the pussy.” Sounds like CSC to me.

        • Don't Tread On Me

          As you may or may not understand, saying it and doing it are two different things. I would say having a relationship with a young clerk in the White House is more severe than bragging to a TV host off-camera. But those with TDS can’t get over Hillary’s defeat!

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