Jurisprudence is something that old, dead white men came up with.
But, shouldn’t the burden of proof be on Noam Chomsky to prove that he wasn’t the Boston Strangler? Shouldn’t the burden of proof be on Obama to demonstrate that he did not actually email all of America’s nuclear secrets to China?
Shouldn’t the burden of proof be on The Atlantic to show that it isn’t secretly plotting to restore the Third Reich?
Come on. Prove it. And honorably.
Kavanaugh Bears the Burden of Proof
The question isn’t whether he can win confirmation—it’s whether he can defend against the charge he faces in a manner that is both persuasive and honorable.
I grew up in an America where it was understood that the burden of proof was not on the accused.
But this Anita Hill meme (her version is “Burden of Persuasion”) now gets augmented by the mandate that Kavanaugh prove he didn’t try to sexually assault someone on an unstated date.
And also to do so without impugning his accuser. Thus, honorably.
That said, the allegation against him is, at least so far as one can tell from the press reports, credible, and it deserves to be taken seriously.
What exactly is honorable about judging a man based on press reports? Or does the honor mandate only apply to Kavanaugh?
Here’s let tie your hands behind your back. And blindfold you. Now block this punch.