Friday, October 05, 2018
Accusations against Kavanaugh do show the difficulty of dealing with events in the very distant past
The recent furor over allegations against Brett Kavanaugh, Trump’s appointment to fill Justice Kennedy’s vacancy on the Supreme Court, brings back the question of a statute of limitations.
In Maryland, felony charges have no statute of limitations. However, no one has asked Maryland law enforcement to investigate the purported acts in a way normally required by state law. The fact that Ford was a minor in 1982 would matter, but so was Kavanaugh.
As a practical matter, it sounds very improbable that anyone could prove an act occurred beyond a legal doubt with an incident so old.
Dan Morse and Erin Cox explain in the Washington Post here.
Susan Collins speech before the Senate on the facts needs to be listened to.
The remarks are important with regard to Kavanaugh on Roe v. Wade, on gay marriage, on privacy, and on the importance of legal precedent in general.
Nevertheless, accusations from decades ago can be very hard to refute.