Monday, September 24, 2018

Confirmation Hearing Circus


Defining Moments Monday

Needless to say, I am deeply troubled by the entire circus surrounding Judge Brett Kavanaugh’s Senate Confirmation Hearings and the two allegations made against him about sexual misconduct.  I do not know if the allegations against him are true or not.  Those of you reading this don’t know either.

In no way do I want to diminish the seriousness, the tragedy, the humiliation of victims of sexual violence or misconduct.  While I studied sex crimes investigations with the FBI and spent a fair amount of time in my policing career investigating sex crimes, I have nothing but compassion for those who have been victimized of this most horrific, demeaning crime.  I understand that I can never comprehend the daily agony that a person must go through following such victimization.

I also know that alleged perpetrators are wrongly accused and it is not a rare occasion when it happens.  My career taught me that there are multiple reasons for false allegations made against people and that those false allegations also have long-standing, painful consequences for those accused of such.  I suspect that all of us at one time or another have been wrongly accused of something, not necessarily of a sexual nature, and can have an appreciation of the sickening feeling that overcomes one when victimized of a false allegation.  Most of my former colleagues and those currently in the law enforcement field know what it is like to be falsely accused of wrongdoing.  No matter how many times it happens you never get used to it.  Unfortunately, it comes with the territory.  And, no matter how often you are cleared of false allegations, the cloud of doubt never goes completely away.

A defining moment came to me in my policing career when I learned that memories can be created seemingly out of thin air.  It happens.  Events that never happened can become very real in people’s minds, and nothing one can say or prove will convince the “victim” otherwise.  And, unfortunately, just like copycat crimes that occur, copycat victimizations also happen.  I’ve seen it first-hand.  I saw it spin absolutely out of control.  The self-created victimizations come out of the woodwork.

I reiterate.  I have nothing but compassion for those who have been victims of sexual or any other type of abuse.  It is inexcusable.  And while the timing of the allegations against Judge Kavanaugh is suspect (and shame, shame, shame on Diane Feinstein for holding this ace up her sleeve until the very last moment), I draw no conclusions as to his participation in the allegations made against him.  However, I also have compassion for those wrongly accused of any act or crime.

At best, if Judge Kavanaugh is confirmed, even if he is completely exonerated, he has essentially been neutered.  He will join the ranks of Justice Clarence Thomas and slide into history as irrelevant.  (By the way, I personally like Justice Thomas.  There is more to him than what meets the eye,)  If shown by clear and convincing evidence that he has committed these acts, he should be disbarred – not for having committed them, but for lying.  Meanwhile, it is inconceivable to me that there is already talk of impeachment of Judge Kavanaugh should his appointment to the Court be approved.

There are a number of lessons to be learned from this whole confirmation circus.  Where do I begin?

1.     As Americans, we tend to jump on the latest craze as it sweeps the nation.  Just like new toys that come out and are gobbled up by children, we tend to jump onto the latest social fads only to find that there is not nearly as much substance to them as what was first declared.
2.     No male is safe now from #MeToo.  (I have grown fearful of responding with a “me too” instead of “I agree” or “it happened to me as well.”)
3.     Youthful indiscretions will come back to haunt you – or someone else.
4.     While we should never blame the victim for victimization, there is something to be said for not putting yourself into dangerous situations. 
5.     Never, ever underestimate the power of alcohol.
6.     Contrary to popular opinion, the motivation to dominate a woman is not the only reason men commit sex crimes.
7.     There is something to be said for living a virtuous life.
8.     As you should never judge a book by its cover you should never judge an allegation by its content.

At this point, I don’t know which outcome will be worse, whether the allegations be proven to be true or if they are proven to be false.

Monday, September 10, 2018

Defining Moments Monday - The First Amendment


Defining Moments Monday

The First Amendment to the United States Constitution isn’t about the Five Freedoms.

I have been interested in the Constitution and the Bill of Rights at least ever since I was in high school. However, I have taken greater interest in the Bill of Rights in the Last 45 years.  My good friend Richard E. Miller has suggested that those first ten amendments should really be called the Bill of Rights and Responsibilities.  I agree with him 100%, but he said it first, so you should look to him for his explanation.

I’ve decided that the First Amendment in the Bill of Rights is the foundation of the remaining nine amendments. Here is the wording of the First Amendment.  

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

First, please note that these “freedoms” are guaranteed to the PEOPLE and come before anything else in the Bill of Rights.

Second, the very first freedom is “freedom” of religion, or more particularly, we are free of Congress from telling us what we must believe (or not to believe) concerning religion.  Along with this is a promise that government will not interfere with anyone’s exercise of their religious convictions.  More importantly, this is a recognition that God, whatever form that being may take in any person’s mind, is at the forefront of all those basic freedoms.  Content Alert: Here’s some history.

The Commonwealth of Virginia in 1776 began work on its Declaration of Rights.  George Mason had suggested that “"all men should enjoy the fullest toleration in the exercise of religion, according to the dictates of conscience...."  James Madison objected to this wording suggesting that the “toleration” of religion was a gift of government and not an inalienable right, and suggested that "all men are entitled to the full and free exercise" of religion instead.

“Thank you, James Madison.”  

Years later Madison would put pen to paper to write our Constitution then write what would be ratified in 1789 as the Bill of Rights.  This fourth President of the United State, a deeply religious man, would not only become known as the Father of the Constitution, but also as a defender of religious liberty.  Given a mountain of facts not presented here, it is extremely difficult to deny that Madison’s thoughts were focused on the role of God and religion on this fledgling country of ours.  He was careful to separate the RULE of “the Church” on “the State”, but he never really intended to prohibit or forbid the INFLUENCE of God on our nation.  Remember that Madison was the one who said, “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.”

Third, if the First Amendment is the foundation of the entire Bill of Rights, then this First Freedom, the Freedom of Religion, is the cornerstone of the First Amendment.

Fourth, in recent years there has been a growing voice suggesting that freedom of religion should actually mean freedom FROM religion.  If this should become the true interpretation of this longest clause of the First Amendment, then it would naturally hold true that there should be no free press, no freedom to peaceably assemble, and no freedom to petition the government for redress of grievances.  Let that sink in.  Is it already happening?

Fifth and finally, the five freedoms in the First Amendment are actually manifestations of an even more important freedom.  These five freedoms are an expression of this one very basic freedom: The Freedom of Conscience.  It is the freedom to choose.  It is the freedom to believe.  Or to not believe.  It is the freedom to succeed or fail.  It is the freedom to be.  And that is my defining moment which took over 45 years to come to fruition.

I believe we all have defining moments in our lives. Those moments mold and shape us into the person we become. While some of those defining moments point in the same direction, not all of them do. There are contradictions. Step-by-step though, those defining moments help make us who we are.