Alan Dershowitz: Kavanaugh Presumed Guilty Because ‘He’s a White Man, She’s a Survivor’


After watching this clip one wonders if the Martha’s Vineyard social life of Alan Dershowitz is going to get lonelier.

Appearing on Fox & Friends this morning the Harvard Law professor — who self-identifies as a Democrat — ridiculed his fellow party members who dismiss the need for the due process to look into sexual allegations potentially derailing the Supreme Court nomination of Brett Kavanaugh.

At issue is the existential role of the Senate Judicial Hearings before which Kavanaugh and his accuser Dr. Christine Ford testified last week. Was that a criminal trial which brings the presumption of innocence? Or is it a fair assessment of one character and grace under pressure, akin to a “job interview” as has been suggested by Democrats.

Well the job interview is a myth, said Dershowitz, claiming  “if it was a job interview you don’t start with job interview half the potential employers saying they won’t hire you under any circumstances. Once a person is accused publicly of specific, focused crimes that are career-destroying, that job interview metaphor disappears. You have to prove the allegations by clear and convincing evidence with due process.”

He then established the hypothetical situation in which a “liberal Democrat” would appoint the first Muslim-American to the Supreme Court and had to deal with terrorist allegations from teenaged years. ‘You can’t presume the guilt of terrorism,” he claimed, adding “the burden of proof is so heavy, but when the shoe is on the other foot when it is a white man being accused by the left of sexual offenses all the rules are called off.”

In Dershowitz’s esteem, there is a double standard at play, suggesting that the left is saying “We know he is guilty because he is a white man, she’s a woman, she is a survivor. That is the end of the inquiry.”

The unfair playing of “identity politics” is a consistent theme on Fox News conservative opinion programs. It’s not clear if Dershowitz’s suggestion that Kavanaugh is being treated unfairly because of his race and gender will lead prime-time programming of Fox News tonight, but we aren’t counting on that.

Watch the clip above courtesy of Fox News.

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