Short Take: Gillibrand’s Crusade

It must have been painful for the ABA Criminal Justice Section’s Task Force on College Due Process Rights and Victim Protection to have to admit that even accused rapists are entitled to some tiny degree of due process. Weak, conflicted, and bordering on the idiotic as the recommendations might be, it still compelled the ABA Journal to note, “but they are not formal ABA policy.”

Both the accused and the accuser should have due process protections when colleges and universities resolve allegations of campus misconduct, according to a report by an ABA task force.

While this inane failure to grasp how adjudication under the American system, the United States Constitution, works, the ABA still considers this too radically in favor of the patriarchy to note the report without the caveat, which is why the ABA has changed its slogan to, “it’s so exhausting.”

But it’s not alone in its sad tears for the victims of patriarchy. One of the frontrunners for the Democratic nomination for president, alongside such social justice luminaries as Kamala Harris who is doing everything possible to shed her years of supporting prosecutorial misconduct and police killings to pretend to be progressive, is New York’s junior senator, Kirsten Gillibrand, and like the ABA, she is on a crusade for survivors.

Sen. Kirsten Gillibrand is furious that the Trump Department of Education is pulling back from Obama-era demands that colleges junk due process in the name of fighting sexual assault.

She and 30 other congressional Democrats last week wrote Education Secretary Betsy DeVos that they’re “extraordinarily disappointed and alarmed” over actions to diminish “enforcement of federal civil rights law.” Specifically, they complain that DeVos has hired staff hostile to the department’s 2011 guidance on how schools should approach campus sexual assault.

In fairness, Gillibrand would be furious regardless of anything else with Trump as president. This just offers a convenient target while maintaining her carefully carved-out political niche of being the senator who cries the most and loudest about “survivors.”

They’re absolutely right about the hostility: DeVos and her team are ending the jihad by the department’s Office for Civil Rights, which was launched at the behest of extremists like Gillibrand and her colleagues.

Behind the campaign was the claim, based on a single study that’s since been fully discredited, that one US coed in five is a victim of sexual assault. In fact, later — and much more extensive — FBI research shows that women on campus are safer than their off-campus peers.

Did Catherine Lhamon and her predecessor, Russlyn Ali, engage in their social engineering to eradicate the patriarchy from campus at Gillibrand’s behest? Unlikely. They would have done so had Gillibrand never been tapped to fill Hillary’s abandoned seat. But as it happened, their radical cause aligned perfectly with Gillibrand’s.

But the advocates still got their jihad, as Team Obama ordered colleges and universities to institute kangaroo courts to handle sex-assault claims — star chambers where the accused typically has no right to counsel, to examine (and so be able to challenge) evidence and testimony against him or sometimes even to know the specific charges against him.

The Democrats’ letter warns that when a school “mishandles an incident of sexual assault, that this is rarely an isolated incident on that campus” — which is certainly true, if your definition of “mishandling” is giving the accused any rights at all.

When even an ABA task force is constrained to conclude that the process rammed down the throats of American universities upon pain of losing federal aid is devoid of due process, which likely forced the ABA’s top officials to immediately seek out a puppy room in which to hide their tears, the fact that Gillibrand persists in her progressive insanity is striking. Granted, every Dem wants to find a reason to grab headlines about how awful Trump and his administration are, but at the price of due process for males?

The underlying failures, from the statistical lies to the unlawful extension of Title iX to address peer to peer allegations of crime, to the eradiction of basic concepts of due process to guarantee the accused be convicted and the “survivors” be believed regardless of the evidence or the nature of their claim, have been discussed here at length over the years.

This crusade persists not only from a woman who is a senator, but from a woman with aspirations to the presidency. Many are outraged at Trump’s handling of Muslims immigrants. Are you similarly sanguine about the prospects for young American males? The choices aren’t about not hating, but who each side loves to hate the most. Gillibrand is not letting go of her hatred of young American men.


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5 thoughts on “Short Take: Gillibrand’s Crusade

  1. Michael Lockard

    Since I am admittedly addicted to legal blogs (yes, you are #1 each day to read), I am curious about your stance on Foundation for Individual Rights in Education, or FIRE, on this subject. They have been rather rabid about this topic of “equal rights” and “due process” for students (both accuser and accused)

    (And I hope I don’t get too much abuse asking it this way)

      1. Michael Lockard

        Sorry!!!!!!! I knew you had covered FIRE before, just not sure on this in-depth aspect of it

        (You’re still gonna be the #1 morning read for law articles for me)

  2. B. McLeod

    I’m sure the behind-the-scenes politicking of the ABA task force was a story for the ages, and indeed, the “recommendations” admit there had to be a considerable degree of “compromise” so that the task force could even be allowed to release the report. They also expressly note that other sections (such as “ABA Commission on Domestic and Sexual Violence” and the “ABA Section of Civil Rights and Social Justice”) have yet to weigh in. So, having started with a compromise, they will be completely outmaneuvered by the ABA politically correct before all is said and done, and these recommendations will never be “ABA policy.” Particularly, the notion of requiring a unanimous panel decision will never be deemed acceptable by the “rape culture” fanatics, even when paired with a watered-down standard of proof.

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