Due Process: A Treatise on Entitled Men

There is so much to say about the Kavanaugh confirmation process, and much of it has already been said elsewhere.  (A great example of “If you’re not mad, you’re not paying attention.”)  But something that stuck out to me was the image of a grown, white man ranting his “righteous” anger in front of the United States Senate about the end of due process in America.  Give me a fucking break.

The left-wing rag Merriam-Webster defines due process as:

1

: a course of formal proceedings (such as legal proceedings) carried out regularly and in accordance with established rules and principles

— called also procedural due process

2

: a judicial requirement that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual

— called also substantive due process

But there seems to be some confusion about what due process is, particularly amongst white men.  They seem to believe due process is their right, and the right of their fellow white men, to get away with anything, their right to succeed in spite of any misstep, any exposed character flaw, any crime.  Of course he deserves this promotion—it’s simply due process.  Amazing how differently due process works for white men than it does for everyone else.  It’s leeway that simply does not exist for others.  

Where is due process for victims of sexual assault?  They can’t (and never have been able to) trust the course of formal proceedings to result in justice.  I don’t see Brett Kavanaugh crying about that.  I don’t see Brett Kavanaugh doing anything about that.  And one might argue that, as a federal judge, he is one of the few who actually can do something about that.

Where is due process for the thousands who are incarcerated because they can’t afford bail?  Where is due process for the unarmed African American men shot and killed by police officers?  Where is due process for their families? Yes, due process is failing many people in America.  But it is not failing white men.  So forgive me when I vomit at the sight of an overgrown prep-school jackass-turned-federal-judge crying about the end of due process in America.  

Serving on the Supreme Court is a privilege, not a right.  Brett Kavanaugh missing out on his dream job isn’t due process failing him—it’s an occurrence many ordinary Americans, disproportionately women, have had to swallow with grace.  “Your resume is very impressive, but this job may not be quite right for you.”  Brett Kavanaugh missing out on his dream job because he tried to rape a girl in high school isn’t due process failing him—it’s his past coming back to bite him.  The Supreme Court confirmation process hasn’t ruined Brett Kavanaugh’s life.  Brett Kavanaugh ruined Brett Kavanaugh’s life.

I believe Brett Kavanaugh tried to rape Christine Blasey Ford.  Regardless of that, I believe Brett Kavanaugh’s behavior yesterday disqualifies him serving on the Supreme Court.  He did away with any pretense that he is not a complete partisan.  He showed he has no composure under stress.  I seriously doubt his ability to remove his own prejudice in ruling on any case.  Rather, I strongly suspect his contempt for “the left” would steer him toward vindictiveness.  There is enough vindictiveness in politics.  Sexual abusers are well represented.  Surely we can do better than Brett Kavanaugh.

#neverforget: A Treatise on Fear and Freedom

After listening to President Obama’s speech (which I highly recommend), I was inspired to dig up FDR’s Four Freedoms speech.  I’d been meaning to do so for a while—it often pops into my head against the constant, reckless fear-mongering by our president and his enablers.  The Four Freedoms speech was FDR’s State of the Union address in January 1941—his message that the Union was preparing for the fight of her life, an existential battle for how humans deserve to live in this world: with freedom of speech, freedom to worship, freedom from want, and freedom from fear.  The surprise attack on Pearl Harbor would happen less than a year later.  

It’s scary how relevant his words are now.  An excerpt:

I suppose that every realist knows that the democratic way of life is at this moment being directly assailed in every part of the world–assailed either by arms, or by secret spreading of poisonous propaganda by those who seek to destroy unity and promote discord in nations that are still at peace.

... 

In times like these it is immature–and incidentally, untrue–for anybody to brag that an unprepared America, single-handed, and with one hand tied behind its back, can hold off the whole world.

No realistic American can expect from a dictator’s peace international generosity, or return of true independence, or world disarmament, or freedom of expression, or freedom of religion–or even good business.

Such a peace would bring no security for us or for our neighbors. “Those, who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.”

As a nation, we may take pride in the fact that we are softhearted; but we cannot afford to be soft-headed.

We must always be wary of those who with sounding brass and a tinkling cymbal preach the “ism” of appeasement.

We must especially beware of that small group of selfish men who would clip the wings of the American eagle in order to feather their own nests. 

How reassuring to read and imagine hearing those words from an American president.  Don’t know what you got till it’s gone, right?

I bring this up today out of anxiety that we are confusing what we should #neverforget about September 11, 2001.  The attacks of September 11th were an evil and cowardly attack on our freedom.  They were meant to inspire fear.  Death by itself can’t destroy democracy—fear can.  Like democracy, fear is simply an idea.  But they are two ideas that cannot live in the same place.

I remember a particular history lesson at Villa.  Our teacher remarked it wasn’t a given that ordinary Americans would stick to the values of democracy in the wake of the stock market crash and Great Depression.  The conditions for fascism seemed riper in a place like Germany, for instance, but we were not immune.  Look at this photo essay from The Atlantic.  These are images of 1930s New Jersey and New York, not Germany.  (Check out that crowd at Madison Square Garden—yuge!)  High-profile Americans like Charles Lindbergh espoused the “America First” Committee, whose stated goal was to keep America out of the war, an intention that sometimes mixed with fascism of its own.  On this day in 1941, Lindbergh gave a speech detailing the three groups he believed were to blame for pushing us towards war in Europe—the British, American Jews, and the Roosevelt administration.  Regarding the second group, he said:

It is not difficult to understand why Jewish people desire the overthrow of Nazi Germany. The persecution they suffered in Germany would be sufficient to make bitter enemies of any race.

No person with a sense of the dignity of mankind can condone the persecution of the Jewish race in Germany. But no person of honesty and vision can look on their pro-war policy here today without seeing the dangers involved in such a policy both for us and for them. Instead of agitating for war, the Jewish groups in this country should be opposing it in every possible way for they will be among the first to feel its consequences.

Tolerance is a virtue that depends upon peace and strength. History shows that it cannot survive war and devastations. A few far-sighted Jewish people realize this and stand opposed to intervention. But the majority still do not.

Their greatest danger to this country lies in their large ownership and influence in our motion pictures, our press, our radio and our government. 

But be assured: 

I am not attacking either the Jewish or the British people. Both races, I admire.

But I am saying that the leaders of both the British and the Jewish races, for reasons which are as understandable from their viewpoint as they are inadvisable from ours, for reasons which are not American, wish to involve us in the war.

We cannot blame them for looking out for what they believe to be their own interests, but we also must look out for ours. We cannot allow the natural passions and prejudices of other peoples to lead our country to destruction.

Back in that history class, I remember thinking how obvious it seemed that remaining true to the values of our democracy would be the only way to defeat fascism.  And I still don’t think that’s my hindsight bias talking.  Democracy and fascism are fundamentally opposed.  Democracy includes all people—all men are created equal.  Fascism excludes certain people.  Charles Lindbergh doesn’t get to exclude Jewish people from an American democracy, as much as he professes to “admire their race”.  When we compromise on which groups of people get to be included in “freedom”, we defeat democracy.  When we compromise on a fundamental belief, it’s not a fundamental belief anymore.  Democracy depends on the word “all.”

Fear and freedom cannot live in the same place.  I believe this essential truth to my core.  You know it too.  We feel most human when we are most free:

• when we can freely and honestly express what’s happening in our brains and hearts, and when we respect others for doing the same
• when we can praise the spirit of life in whatever way makes sense to us, in whatever way gives us true joy
• when our bodies enjoy health and sustenance and mobility, when we can walk and eat and dance
• when we can do all these things with confidence, when we can do them without shame, without being afraid.

Isn’t that when we feel most alive?

That is the promise of America I grew up believing in and loving.  The promise itself is American exceptionalism—the rest is just noise.  When we abandon the promise, we lose what sets us apart, what makes us great—our freedom.

I’ll presume to close with the end of FDR’s 1941 State of the Union:

This nation has placed its destiny in the hands and heads and hearts of its millions of free men and women; and its faith in freedom under the guidance of God. Freedom means the supremacy of human rights everywhere. Our support goes to those who struggle to gain those rights and keep them. Our strength is our unity of purpose.

To that high concept there can be no end save victory.

Raise a glass to freedommmmm