A Very Low Burden Of Proof

Last night’s New Yorker hit job was a poorly sourced, very bad piece of journalism.

The allegations from the first accuser Christine Blasey Ford lack any credible substance, and all of her named witnesses (under threat of perjury) don’t even support her claims. The threshold of proof here is so weak, to move forward like this would be devastating for any case, in any court of the land.

It’s now all out media and political warfare on SCOTUS nominee Brett Kavanaugh. And with each passing day comes a slew of ridiculous new allegations, all of which (so far) don’t hold up to the highest legal benchmarks of ‘burden of proof’.

As frivolous allegations of wrongdoing build, the pressure is on to delay the vote for Kavanaugh and ultimately derail his nomination. This is a big mindgame, and the order of the day is to destroy a man’s reputation.

Thursday’s Senate hearing is not a trial, but (if it really happens at this point) it is a forum where evidence will seen and heard, and Senators will critically look at the facts before them to determine if Kavanaugh is fit to serve on the Supreme Court.

I’m skeptical the first accuser Ford will even show up to the hearing Thursday, and betting odds have her showing up at 10% or less now. But if she does show, in the end, Senators will vote with their conscience, based on the evidence presented. And, if Ford is a no show, her credibility will be destroyed.

At a top government level, the highest benchmark for burden of proof should be weighed. This requires any evidence submitted to be:

– Clear and Convincing
– Proves Guilt Beyond a Reasonable Doubt

It is unfortunate that the media is no longer skilled to discern credible vs. uncredible evidence, but in America’s legal system, ‘burden of proof’ is still king.

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