Lion of the Blogosphere

Still thinking about how unfair the hearings were to Brett Kavanaugh

with 62 comments

In any normal trial, a defendant is allowed to use discovery to obtain evidence to prove his innocence, a process that was denied Kavanugh. As much as Democrats try to say it was a job interview and not a trial, damn it, it was a trial, and the people of America were the jury.

1. The therapist’s records. Normally, therapy is considered privileged, but because Ford presented the therapy as proof that Kavanaugh assaulted her, then in any normal and fair legal proceeding, Kavanaugh would be entitled to obtain those records and even question the therapist at a deposition.

2. The polygraph test. In any normal courtroom, polygraph tests are not allowed because they prejudice the jury while being unreliable. But because the polygraph test was introduced into evidence, it’s only fair that (1) Kavanaugh is entitled to all documentation about it; (2) to cross-examine the guy who gave the polygraph (who would be like an expert witness), and (3) have his own guy give her a polygraph test.

3. Deposition. Kavanaugh is entitled to have his attorney depose Ford and ask her tough questions she was never asked. As well as other people who might know things such as her FBI friend.

4. Cross-examination. Kavanaugh is entitled to have his attorney cross-examine Ford.

5. Present witnesses. Kavanaugh is entitled to have a parade of people called to the stand to testify that they don’t remember any such party (although they would be subject to cross-examination by the other side).

6. Freedom from prejudice. Kavanaugh is entitled for this to take place in a setting where Democratic Senators are not allowed to interrupt every five minutes and give a speech about how much they believe Ford. Where whoever is questioning Ford for the prosecution is not allowed to ask leading questions or give their opinion.

Written by Lion of the Blogosphere

October 9, 2018 at EDT pm

Posted in Law, Politics

62 Responses

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  1. You’re right, of course. But it was never supposed to be fair. It was a disgusting smear job by the Democrats and their allies in the grotesque media. Truly a sad indictment of our entire society. Thank God that it didn’t work. It felt for awhile like it might. That would have been almost too much to bear.

    Two in the Bush

    October 9, 2018 at EDT pm

  2. Great post. It was an outrage. Now, let’s take everything they did and weaponize it against them.

    gothamette

    October 9, 2018 at EDT pm

  3. Who whom. Banana republic.

    Paul Ryan's Sickly Old Lap Dog

    October 9, 2018 at EDT pm

  4. These are the points that Kav should have made, but he is a whining moron.

    Yakov

    October 9, 2018 at EDT pm

    • I wasn’t personally impressed by Kav’s defense of himself. His whole voice and manner seemed rather PROLE.

      Maybe it was my design for mass appeal, but I kept thinking: THIS is what a great intellect sounds like? I’m not tricked by believing the sophistry of liberals is genius either.

      fakeemail

      October 9, 2018 at EDT pm

      • As I wrote yesterday, he was just following orders from Don McGahn, and it worked, he turned everything around and got confirmed. Now he has every judge’s dream job.

        Lion of the Blogosphere

        October 9, 2018 at EDT pm

      • Lion, do you understand what character means and personality mean? No, you don’t. Kav should know on his own how to present himself. Say, you were in his place, would you be whining in front of the whole nation? Would you humiliate yourself for a dream job?

        Yakov

        October 9, 2018 at EDT pm

      • “Kav should know on his own how to present himself.”

        No he shouldn’t, he’s an appellate judge and not a politics or PR expert.

        Lion of the Blogosphere

        October 9, 2018 at EDT pm

      • Lion, this is how normal people react to insults. Incidentally, was a great fight and a great brawl. I’m not saying that Kav should’ve gotten physical, but he showed himself a rag.

        Again, would you have humiliated yourself for a job in front of the whole world?

        Yakov

        October 9, 2018 at EDT pm

      • “would you have humiliated yourself for a job in front of the whole world?”

        We will see if future Supreme Court nominees reject the offer because they don’t want to deal with the Senate hearings.

        Lion of the Blogosphere

        October 9, 2018 at EDT pm

      • Lion, on an alt right site, how long does it take before someone proves a point by resorting to (a) MMA and/or (b) a superhero movie (c) fantasy TV show?

        Mike, you can try to answer this, as well.

        gothamette

        October 9, 2018 at EDT pm

      • Yakov’s just trolling.

        One point alt-right antisemites make, and which I would have to agree with, is Jews tend to be very fond of trollishly arguing for the sake of argument. For my part I share that personality trait so I find it endearing rather than irritating (hence why I’m a regular on this blog).

        To answer your question: rarely. Alt-righties are more likely to reference anime, Taylor Swift memes (at least before this week) or Bronze Age Pervert tweets. Superhero movies and fantasy TV shows are more of a SJW/Tumblr thing, and MMA a guido thing.

        snorlaxwp

        October 9, 2018 at EDT pm

      • *Alt-righters. Autocorrect.

        snorlaxwp

        October 9, 2018 at EDT pm

      • Cat, having lived for so long in a feminized society, where men wear heels, skirts, nail polish and makeup, your morality (used here as the perception of what’s right and wrong) has apparently been distorted. My point has nothing to do with alt-right or politics.

        Yakov

        October 9, 2018 at EDT pm

      • ‘One point alt-right antisemites make, and which I would have to agree with, is Jews tend to be very fond of trollishly arguing for the sake of argument.’

        True point, but I’m serious.

        Yakov

        October 9, 2018 at EDT pm

      • What I find irritating about Jews, and Lion does it a lot, is that they don’t give straight answers.

        Yakov

        October 9, 2018 at EDT pm

      • 🦁 and 🙀 here is an open book quiz for you:

        Q.: What’s the price of freedom?
        Correct Ans: Freedom is priceless
        Q.: What’s the price of dignity?
        Correct Ans: Dignity is priceless.
        Q.: What’s the price of self-respect?
        Correct Ans: Self-respect is priceless.
        Q.: Can an individual lacking any of these attributes protect the constitution and administer justice ⚖ on the SC?
        Correct Ans: No, he cannot.

        This is so simple that I don’t know why I’m even saying it.

        Yakov

        October 9, 2018 at EDT pm

      • “Cat, having lived for so long in a feminized society, where men wear heels, skirts, nail polish and makeup…”

        …and do yoga.

        destructure

        October 9, 2018 at EDT pm

      • Female practice of yoga, while commendable and beneficial, is a recent phenomenon. All great yogis were and are men.

        Yakov

        October 9, 2018 at EDT pm

      • Lion has a frustrating practice of approving comments containing questions to him, but not responding to the question, or giving a smartass reply that doesn’t actually answer what the commenter was clearly asking.

        Hermes

        October 9, 2018 at EDT pm

      • can you do the gopnik squat yakov?

        the rebel yell

        October 9, 2018 at EDT pm

      • Never heard of it.

        Yakov

        October 9, 2018 at EDT pm

      • “All great yogis were and are men.”

        All great yogis were and are hustlers. It’s not ancient. It’s not even indian. Indian nationalists ripped it off from an exercise program the YMCA developed because they didn’t have any native exercise programs of their own.

        There’s nothing wrong with the exercises ~IF~ they’re safe and effective. But why do that fake mumbo-jumbo rather than a scientifically based program? And what makes you think that nonsense is better than pushups, pull ups, dips, inverted rows, etc? Just ditch the purple yoga pants and exercise like a man.

        destructure

        October 10, 2018 at EDT am

      • 1930th footage. Krishnamacharla is around 50, the women are his wife and daughter. To say that he had ripped off the exercises from the ‘Y’ is a theory that l’m unfamiliar with.

        Scientific training can be beneficial in many ways. However, most scientifically trained athletes develop permanent injuries, suffer from burn out and are not practising by the age of 50. Many are wrecks. Just look at the shape that the coaches are in.

        All sports are beneficial, when approached rationally and practised sensibly. In Russian there is a saying: ‘Exercise heals, sport kills’.

        Yakov

        October 10, 2018 at EDT am

      • Yakov

        October 10, 2018 at EDT am

      • Best bodybuilders of Spain are attending a Bikram Yoga class and putting up a laughable performance.

        Yakov

        October 10, 2018 at EDT am

      • [All great yogis were and are men.]

        Vedic philosophy has a tradition of holy women, sadhvis (female form of sadhu) who are considered on par spiritually with men. Mata Amritanandamayi (amma) is considered a living saint. Anandamayi Ma is another well known saint. Yogananda Paramahansa devotes a chapter to her in his well known Autobiography of a Yogi.

        toomanymice

        October 10, 2018 at EDT am

  5. But it wasn’t a trial. Your entire premise is wrong.

    This is such a low end blog anytime you’re not talking about mass shooters. That’s where you add value.

    Dain

    October 9, 2018 at EDT pm

    • trial: a formal examination of evidence in order to decide guilt in a case of criminal or civil proceedings
      job interview: an interview consisting of a conversation between a job applicant and a representative of an employer which is conducted to assess whether the applicant should be hired

      Looks more like a trial to me, a kangaroo trial that was stacked against the accused.

      Lion of the Blogosphere

      October 9, 2018 at EDT pm

      • Also this is another step in the left’s going laissez-faire now that they feel they have enough power. We’ve already seen them in the debate about Free Speech take the side of big corporations whose ability to do whatever they want they defend because hey, they’re private enterprise. Freedom of speech is limited only to the government making certain speech an actual crime. Now they’re saying that principles like due process of law and innocent until proven guilty only apply to official criminal trials.

        Hermes

        October 9, 2018 at EDT pm

      • The “job interview” narrative is because interviewing strangers and picking the best one is hard, and if there is any doubt on key, prestigious position you don’t take a chance. But if anything this is a lot more like a promotion, with Kavanaugh from one of the top ~30 or so judges with lifetime tenure to of the top 9 judges with lifetime tenure. Promotion is much easier than hiring, because you have infinitely more knowledge.

        tj hooker

        October 9, 2018 at EDT pm

    • But it wasn’t a trial.

      It was WORSE than a trial. If it had gone to trial, he would’ve been acquitted (or the case thrown out) due to absence of evidence.

      But since this circus, he has been banned from teaching law and coaching basketball. If he wasn’t confirmed, he might have lost his job as a federal judge and livelihood as well.

      Which would you rather experience yourself?

      me

      October 9, 2018 at EDT pm

      • > But since this circus, he has been banned from teaching law and coaching basketball

        cite?

        ScarletNumber

        October 10, 2018 at EDT am

      • Harvard fired him. I don’t know about the basketball.

        Lion of the Blogosphere

        October 10, 2018 at EDT am

      • He has testified that ““thanks to what some of you on this side of the committee have unleashed, I may never be able to coach again.” Even if the school administration loves to have him, the mob may make it difficult, thanks to the USA Today hit piece.

        me

        October 10, 2018 at EDT pm

      • I think he will quietly resign from the coaching role to prevent his daughters’ basketball league from becoming a big political circus.

        Lion of the Blogosphere

        October 10, 2018 at EDT pm

  6. 5. Parade of people

    Actually, in a real trial the judge woukd stop the parade after one ir at best two witnesses, cuting “cumulative” blah blah. Every judge is alwats more concefbed with saving time for thenext trial rather than using it for the one st hand. Assholes.

    Vipltd

    October 9, 2018 at EDT pm

    • Is that true even during sentencing? At Larry Nassar’s trial they spent a week or more trotting out all these different “survivors” to give testimony and then the female judge berated him extensively. I assumed it was a big dog and pony show put on for the schadenfreude of soccer moms.

      Hermes

      October 9, 2018 at EDT pm

      • > Is that true even during sentencing? At Larry Nassar’s trial

        Well in that case, they were all “victims”, so they all had a right to be heard.

        ScarletNumber

        October 10, 2018 at EDT am

  7. “whoever”

    F

    October 9, 2018 at EDT pm

  8. This was a “job interview”? At what job interview would a man be forced to reveal perhaps the single most humiliating thing a man can be asked about in the year 2018, namely getting a late start on sex, in the process of the interview?

    Kyo

    October 9, 2018 at EDT pm

    • That wasn’t in the Senate hearings, it was during a TV news interview he did voluntarily.

      Though I agree with you, in today’s society “I was a virgin until well into adulthood” is not something it behooves a man to say in public.

      Hermes

      October 9, 2018 at EDT pm

      • Don’t make me laugh now. ANY man, who trumpets his virginity, is most likely a rapist. Look, I love Bikram Yoga and Bikram is a genius, BUT when he came to this country he advertised himself as a virgin. Just look at him! A unique world class versatile athlete, an India Asana champion and a virgin? He married, had a couple of kids, divorced and has fled the country a few years ago on multiple rape and sex abuse charges. Remember anyone who voluntarily totes his virginity has something seriously wrong with them and Kav has it written all over him.

        Yakov

        October 9, 2018 at EDT pm

      • “Remember anyone who voluntarily totes his virginity has something seriously wrong with them and Kav has it written all over him.”

        Yakov, I don’t understand your reasoning here. All the major world religions claim that pre-marital sex is against the will of God, even if they can’t strictly enforce such a policy. Anyone who claims to be a Christian, a Jew, and a Muslim is SUPPOSED TO claim to have been a virgin until marriage. Otherwise he’s admitting that he violated one of the tenets of his own religion. Also the ability to practice chastity until marriage shows self-restraint, which is a trait that too few people have today. Also keeping one’s virginity isn’t the same thing as keeping one’s innocence, if you know what I mean. My escapades at age 11 and later in my early 20’s took away a lot of my innocence, even though I was technically a virgin until I married in my early 30’s. So admitting to virginity isn’t like admitting to having had no experience at all with the opposite sex.

        maryk (the g-loaded guidette)

        October 9, 2018 at EDT pm

      • “All the major world religions claim that pre-marital sex is against the will of God, even if they can’t strictly enforce such a policy.”

        Dan Brown, assuming he believes some of the stuff his characters say in The Da Vinci Code, thinks that the Christians got it wrong.

        Lion of the Blogosphere

        October 9, 2018 at EDT pm

      • On the other hand Bikram might have been a virgin, but Hollywood ruined him. Who knows. But not Kav, that guy looks dirty. Has a very week chin. Can you imagine Kav in the ring fighting like a man? I can’t. But what were Trump’s choices? Everybody is nuts all around. Poor country.

        Yakov

        October 9, 2018 at EDT pm

      • @Maryk

        Among many virtues taught by various religions modesty is ubiquitous. Ones chastity, in deed and thought, can only be known by the individual himself. It’s not something one brags about. Same applies to other virtues.

        Yakov

        October 9, 2018 at EDT pm

    • That shows he’s not some low IQ minority that goes around getting a bunch of women pregnant. Women in the 80’s actually weren’t as slutty as they are now from my understanding of what goes on among teenagers and people in their early 20′ today.

      Why would he want to ruin his career by getting some bimbo pregnant? He’d be paying child support and he would have some child by a woman he was never married to. That is low class. But a lot of people are low class now.

      By holding off it shows he has breeding and brains unlike most of the morons out there.

      ttgy1

      October 9, 2018 at EDT pm

      • “Why would he want to ruin his career by getting some bimbo pregnant?”

        Girls at private schools and at Yale don’t give birth out of wedlock. They get abortions.

        Lion of the Blogosphere

        October 9, 2018 at EDT pm

  9. Lion: RBG looked awful at the Kavanaugh ceremony. She is old, and sick.

    gothamette

    October 9, 2018 at EDT pm

    • But she’s tough as nails, I wouldn’t count on her dying in the next two years.

      Lion of the Blogosphere

      October 9, 2018 at EDT pm

      • Let’s bet on it.

        gothamette

        October 9, 2018 at EDT pm

      • It looks like Dems will pick up seats in the house and GOP will pick up seats in the senate. If so then Trump could ram another justice right down their throats. It would be awesome if he got to replace Ginsburg (85) or even Breyer (80). I’d love a 7-2 majority. We could clean house on all kinds of stuff.

        destructure

        October 10, 2018 at EDT am

    • If she becomes a vegetable, does Trump get to replace her or does she have to literally die?

      Yakov

      October 9, 2018 at EDT pm

      • I don’t know what the law says about a Supreme Court Justice who becomes incapacitated. Lion should know.

        gothamette

        October 9, 2018 at EDT pm

      • Trump would only get to replace Ruth Bader Vegetable if the Senate removes her first.

        ScarletNumber

        October 10, 2018 at EDT am

    • We may yet come to miss her.

      Yakov

      October 9, 2018 at EDT pm

  10. The last thing the Republicans wanted was to have Kavanaugh deposed. Kavanaugh’s choir boy image is completely fraudulent, and a lot of other GOP operatives would have had dirt come to the surface.

    But also a trial assumes that the charges were actually serious if true, why would the GOP want to concede that point?

    Peter Akuleyev

    October 10, 2018 at EDT am

  11. Hey, sorry, grammar corrections are probably frowned upon, but I can’t resist pointing out that in this sentence of yours — “Where whomever is questioning Ford for the prosecution is not allowed to ask leading questions or give their opinion” — you mean “whoever.”

    Simon Koeppel

    October 10, 2018 at EDT am

  12. If I were in charge,which obviously I am not, I would never have the federal legislature hold hearings on peoples’ sexual activity when they were in high school, no matter what the pretext.

    That said, the Senate must consent to any person nominated to be a judge and legally can use this power any way it wants, including not holding hearings or a vote at all, which was done with one of Obama’s nominees and other nominees in the past.

    Ed

    October 10, 2018 at EDT am


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