Ronan Farrow has fashioned himself into a cottage industry supplying victims to the progressive world, with his newest book claiming Matt Lauer raped a colleague years ago. Over at the NYT, a third party said he saw Justice Kavanaugh (Farrow also played in the Kavanaugh hearings) expose himself three decades ago, something the Times claimed was a credible accusation and Dems were poised to seize on to impeach someone before the current Ukrainian phone call nudged into first place.
The dubious standbys are also still around, such as Trump is unstable, based on doctors who have never been closer than the same zip code to their patient. People continue to accuse Trump’s policy in Syria of being controlled by Putin. That goes back to the accusations of the Steele Dossier and the pee tape. The common thread? All are fact-free but deemed “credible.”
In our race to hell, the media and Democratic party (the difference between the two is harder and harder to discern, mostly now a matter of who announces the latest crisis first) champion a new standard to replace the fuddy-duddy innocent until proven guilty — “credible accusation.” An accusation that fits with the moment’s political needs is blown into national news. Facts are clutter, and late night mocks exculpatory information as partisan, fake, dezinformatsiya. It’s been relentless for three years. The accusation serves as judge, jury, and often, executioner.
Once intended to correct injustices of the past, credible accusations are used now as weapons. No past mistakes are resolved by defining credibility as an emotional reaction to an accuser’s story. How partisan this all is is made clear when the new rules are applied in cases of sexual assault. With Matt Lauer, only two people in the universe know what happened and there is no reason to believe either of them.
It is nearly impossible to imagine a small-town DA making his bank robbery case solely on the credibility of a female witness over a male. We are not admonished to believe women are incapable of lying, misremembering, exaggerating or making a mistake in water rights disputes. Yet “believing women” is so important in today’s politics because it allows a unitary actor to become credible by default. It preps the ground for the next evolution: substitute “CIA whistleblower” and you can see where this is going.
Few people care a whit about Matt Lauer, or any other celebrity. #MeToo metastasizing inside Hollywood was of little lasting significance. But as the weapon of credible accusation moved into the very serious business of choosing a Supreme Court justice, or the president, it became something much more.
The Kavanaugh case is easier to parse at this point than Trump’s. Kavanaugh stated events he was accused of did not happen. As with the Ukraine there were no “she saids” until a handful of Democrats pressed Kavanaugh to deliver a “he said.” The play was thus configured to set that always-true she said against the can’t-be-true he said. The unambiguous denials (Trump, Kavanaugh, whomever) are by definition not credible, as the inverse of Believe Accusers (aka whistleblowers) is to Disbelieve the Accused.
Each accused will then be repeatedly asked for more details, a more persuasive denial, of something he says never happened. The trap is to prove a negative, then do it again when a new accuser is produced with an even vaguer scenario. In Kavanaugh’s case that was a third-party accuser decades late to the party. With Trump, every national security official with an axe to grind is being rolled out to take a free punch after being sidelined, fired, not listened to, etc. An aggrieved John Bolton is the new hope.
This tracks with a dire situation in our society where people are increasingly unable to listen to different viewpoints. Forces inside America have succeeded in turning back the once-sacred ideal of free speech, that fairness thing, we once carried with us like civic geography. Speech and due process are just tools to be manipulated expediently to serve political ends. “That’s offensive!” (or sexist! or racist!) is an accusation, but it is also understood as evidence itself of the truth of the accusation. How can a self-absorbed individual leave mental space for her own thoughts to be… wrong? Announcing you are a victim creates the necessity of having an assailant. In this calculus America is simply a society of liars, rapists, racists, and their enablers, alongside victims and their allies.
The danger is due process is the only defense against “credible accusations.” As the nation appears headed toward some sort of impeachment process, progressives and their media are positively gleeful the Constitution does not prescribe any standards or procedures, alongside not really laying out what is impeachable beyond some broad terms whose 18th century usage is disregarded. Nope, Democrats via control of the House can do Anything. They. Want.
The Washington Post, without irony calling on former Bush lawyer John Yoo (he wrote the “legal” justification for torture) to lay it all out, says “the Constitution does not require the House to be ‘fair’ in its probe.” Yoo hopes the House will minimally play at due process before they hang the president, citing the need to make it look fair enough to convince voters to defeat Trump in the election even when the Senate won’t convict. Give enough justice for appearance sake, but not a dot more. All behind closed doors in front of Dem committees with the public informed only via curated leaks.
That’s all a long way from the rule of law, but USAToday supports it, reminding us all that Nancy Pelosi has no obligation to hold any vote on anything, but might look better if she does (she won’t.) Others feel the Dems should just start throwing Trump officials into some 19th century House prison directly.
Who gets what amount of due process in politics is determined today by a feedback loop among the MSM, Dems, social media, and increasingly, the intelligence community. Any sort of pretense to a rule of law applying even a little equally is as old-fashioned as settling in to enjoy a minstrel show. It is not unlike the doling out of free speech rights by progressives; who can and cannot give a lecture at a university, publish a mainstream book, tell a joke on TV or comment on Twitter (Kamala Harris wants the president banned) depends on what they have to say, and what the mob has to say about that. Same with fairness; the chance to defend oneself depends on who you are and what you want to defend.
In the worst days of racial injustice, “credible” accusations from a white woman lynched black men. Her testimony was as unquestionable as her virtue itself in front of a Democratic House, er, all-white cracker jury. During the McCarthy era mere accusations of communist ties were enough to destroy lives, and questioning the accusations was evidence of one’s own guilt. Questioning the accusers in Olde Salem was an affront to God Himself. Today people like that find themselves under state investigation. The avenging SDNY knows where you and your kids live. Progressives drool over what may happen to Trump associates in jail showers. They demand his lawyers be disbarred. Punishment not justice. Vengeance not fairness. There are dark lessons with sharp edges here.
Sure, the pendulum swings, but there is also the question of resiliency — how many times can a society do this to itself before something which in the past snapped back breaks? Imagine how easy it is to manipulate a group of people already terrified they are living in Wiemar and who are willing to act on pretty much anything they are told is true (witness the emotional outbursts of support for Kurdish forces 99 percent of the emoters never knew about a week ago.)
On the other side of the equation, if a group feels it is unfairly cut out of the process, how long until they consider resolving things another way, maybe with phone calls to a few colonels, real third world stuff? Due process — justice, fairness, fighting back against the mob — is about more than rules, more than just what you can get away with via some clever lawyering. It is about a just society with a government supported by most. It is how societies work. Or fail.