MOB Rule or the Rule of Law?

I have been quiet on the Kavanaugh/Ford Issue, since there are so many finer minds than mine chiming in… Yet, there are element missing in the banter that seems essential for understanding, or so it seems to me.

1^st of all, the procedure of selecting a Supreme Court Justice should be legal and procedural – not a circus of political banter and pressure. The procedure is not open to a vote, or an opinion, except by those who are primary to the procedure and the up/down vote. Everything else is static, thrown into the political air and it does not serve the process well.

2^nd, 35-year-old issues should have been resolved 35 years ago. That is why we have statutes of limitation. You have the right to address your grievances and to file a criminal complaint. No man should sexually attack a woman. But if you do not report it and choose to forget it, then the statute of limitations is the guarantee that you cannot be prosecuted for claims that exceed that limitation. It is the legal limit past which you accept the responsibility for what you chose to not report or file. It is no longer an issue that you can use as a weapon for the rest of eternity.

3^rd, Memories, particularly drunken memories from 35 years ago are highly suspect. Memory, as we all know, are not a recorded videotape of precise data. It is a recollection of an event, real or imagined, influenced by our mental state at the time, the time passage in the recollection and the emotions, situations, personality, biases, conditions, and the circumstances of the one having the memory. That is why our law provides for those limitations. By the way, the fish I caught really was 24 inches, possibly 26, or maybe 30.

4^th, The character of a person is determined by several things. One is what they do when no one else is watching. Another is what they do over time, consistently. Another is what their reputation is overall, as they proceed through life. Reputation is not an event, it is a process of accumulated traits. Regrets are common human emotions, but they are related to what we may have done, but not what we are.

5^th, that this issue raises its head now, determines the motivation. If this were an issue of resolving a wrong, it should have been taken care of 35 years ago. In that it wasn’t, the only motivation now is what it obviously appears to be. It is a political tool, yanked from its proper place in history and now used as a political ploy to destroy and twist issues that are not issues at all.

6^th, if one chooses to not report a crime, they bear responsibility for the personal loss. If the value of a theft from me is below the threshold of my value for it, then it has no particular value. If I am wronged, as all of us have been in life, we have a right to address it and prosecute, or if we do not, then we have a responsibility to forgive and forget.

7^th, Most of the banter is without legal merit, and provides only confusion. Your emotions may be felt deeply by you, but they may also have no bearing on the real issue. I get it! You hate Trump, The Constitution, The Free Market, traditional values, and do not want our nation’s future to be determined and adjudicated by someone who is a constitutional conservative.

8^th, this nation is not a democracy, it is a constitutional republic. Its future is not up for grabs by the loudest voice. It is founded on principles documented in our constitution and the success we have experienced by the resounding history of the United Stats of America is the result of those principles. This is an exceptional place, America. No one is trying to escape from it to the socialist nations around the world. So, get on board, read the constitution and pray that we never lose our foundations of the rule of law, not the rule of the MOB!

David Fritsche