Watching Senator Flake verbally assaulted by sex assault survivors, in the Senate hall today, drives home that there are those who will demand that their view be the definitive view and coerce compliance. Flake has frequently articulated a neutral view and attacking him after he took a reasoned if controversial position is doomed to result in more backlash.
Perhaps my friends know better how it serves the cause to subject Senator Flake to this type of verbal attack. Is throwing blood on celebrities wearing fur an effective tactic for PETA? I am falling further and further away from any side including my side. My Facebook is overwhelmingly filled with much self-righteous anger, and a sad certainty of the facts unproven.
I defended a young man in 1990, who was identified by 5 eyewitnesses as a killer. He was not guilty but he sat in jail for a year before I could put on contrary evidence. He was acquitted by a judge who heard all the evidence. In 1996 I defended another young man charged with murder. Multiple eyewitnesses identified my client. He also signed a 5 page confession. He was innocent. He was found not guilty by a jury.
There are many forms of evidence including eye-witness testimony, documentary evidence, and physical and scientific evidence. We can demand the outcome we prefer in the absence of evidence. We can tenaciously cling to our position and ignore and reject those that believe differently. And we can then get on with the public lynchings via social media of character and reputation.
At this hour there is still a chance that there will be further investigation. I have no confidence that any such investigation can be helpful much less dispositive.
I am tempted to demand that my (un)certainty be imposed on the public in this case. I do not like the political or judicial views of Brett Kavanaugh. I believe he is lying about some important matters. I dislike his exhibition of anger and indignation. That makes him guilty of having temperament, beliefs and friends which I hold in low regard. Nothing more has been proven. I am certain of this and you must agree.