DNC chairman: Fairfax accuser deserves 'due process'

[DonViejo]

Source: Politico



By CAITLIN OPRYSKO 02/06/2019 08:50 AM EST

The woman who has accused Virginia Lt. Gov. Justin Fairfax of sexual assault deserves “due process,” Democratic National Committee Chairman Tom Perez said Wednesday.

Fairfax has denied that the sexual encounter from 2004 was nonconsensual, as the woman has claimed. Evidence that might corroborate either party's version of events has yet to emerge. But even without evidence one way or the other, Perez told MSNBC’s “Morning Joe” on Wednesday that “I believe she is entitled to due process.”

“We need to always take these allegations seriously,” he said. “I said this whenever this issue has come up. We must accord respect to an accuser and we must accord due process to the accused.”

Fairfax’s accuser on Monday retained the same law firm in Washington that represented Christine Blasey Ford, the woman who last year accused Supreme Court Justice Brett Kavanaugh of sexually assaulting her when the two were in high school.

Read more: https://www.politico.com/story/2019/02/06/perez-fairfax-due-process-1150267

[Squinch]

1. I think Fairfax himself would agree with this. The answer to our fear of specious accusations

going forward is not to assume all accusations are specious and ignore them. It is to investigate them fully and fairly and proceed from there.

I love Franken, but that was his mistake. He called for an investigation, but then quit before it took place. I think he would have survived one.

[2naSalit]

5. +1

[DFW]

12. The reason Al quit when he did had little to do with his Senate colleagues piling on him

He quit when the governor of Minnesota publicly announced his successor before he had even made a decision as to what to do. THAT was when he decided he had had enough. He also knew he would have survived an investigation, but at what cost?

[BlueStater]

2. "due process"

[still_one]

3. Big difference. Franken himself admitted one of the incidents, some he said were simiply false,

and the others he said he remembers differently.

So for the others it is ambiguous at best by Al's own account.

Fairfax has flatly denied the claim. No ambiguity.

While Al Franken was under extreme pressure to resign, it was still his decision, and he decided to resign, whether because he thought it would cause more division if he remained and fought it, or some other reason, we don't really know.

[ScratchCat]

4. Bad terminology if that's what he actually said

Due process is a concept for the accused under English common law and the US Constitution. It has nothing to do with an "accuser". It is based upon this section from the Magna Carta:

"No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law."

People need to be very careful when touting legal concepts, because saying someone accusing another of a crime should be "afforded due process" makes no sense and comes across as if a person gains legal rights simply by accusing another of a crime.

[groundloop]

6. While you're technically correct I think you're missing the larger picture

And that simply is that Tom Perez is saying the accuser should be heard without everyone assuming she's lying.

[SFnomad]

7. If Republicans can get both Northam and Fairfax to resign, they'll be able to appoint a Republican

that will become Governor and you're nit-picking over vocabulary usage? Really?

It's pretty clear what Perez means, even if he could have used a better word (maybe) to describe it.

On Edit: I've read up on the vacancy issue in Virginia and what I read earlier about Republicans being able to appoint someone is false ... but they will be the ones to provide Confirmation of the appointed persons.

[lagomorph777]

9. 3rd in line of succession is AG Mark Herring, whom they have just caught in blackface too.

The assault on democracy in Virginia is in full swing.

[Igel]

10. By "they" you mean "Mark Herring,"

and by "caught" you mean "announced".

[lagomorph777]

11. You think he voluntarily announced that?

I do not.

[SFnomad]

13. Actually, Mark Herring would be the 2nd in line of succession

You don't count the Governor in the "line", because the Governor is.

1st in line of succession is the Lt. Governor
2nd in line of succession is the AG

Also, it will only get to Herring if both Northam and Fairfax resign before someone is appointed and confirmed Lt. Governor.

[lagomorph777]

14. OK

[2naSalit]

8. Due process of law...

https://www.law.cornell.edu/wex/due_process Too long to post.

And

The Due Process Clause of the Fourteenth Amendment is exactly like a similar provision in the Fifth Amendment, which only restricts the federal government. It states that no person shall be “deprived of life, liberty, or property without due process of law.” Usually, “due process” refers to fair procedures.Mar 25, 2013
Due Process Equal Protection and Disenfranchisement | Equality ...
www.pbs.org/tpt/constitution.../due-process-equal-protection-and-disenfranchisement/

A little broader set of definitions than one simple angle.