Blumenthal: Kavanaugh Responsible To Prove He Is Innocent


MORNING JOE: Sen. Richard Blumenthal (D-CT) discusses NYT reporting on Deputy AG Rod Rosenstein as well as the latest details involving misconduct allegations against President Trump's Supreme Court pick Brett Kavanaugh.

SENATOR BLUMENTHAL (D-CT): We're talking about a lifetime appointment to the nation's highest court that will make a real difference in real people's lives for generations, literally generations to come with this appointment. And so we have a constitutional duty to get to the bottom of these allegations. They are serious, and credible, and now the person with the most knowledge about them, namely Judge Brett Kavanaugh has a responsibility to come forward with evidence to rebut them. They have control over whether to have an investigation...

NOAH ROTHMAN, COMMENTARY MAGAZINE: Senator, your colleague, Senator Mazie Hirono over the weekend was asked whether the presumption of innocence was due to Brett Kavanaugh. She replied by saying, 'I take his entire philosophy,' essentially saying his judicial philosophy also formed her opinion about whether or not these events occurred as alleged by these two accusers.

This is not a court of law, obviously. The burden of evidence is not beyond a shadow of a doubt but to what extent should we apply an evidentiary standard here. Does Judge Kavanaugh deserve the presumption of innocence?...

BLUMENTHAL: Great question. Let's break it down. First of all, we're dealing here with a confirmation for a lifetime appointment to the nation's highest court, a promotion. We're dealing with confirmation, not conviction.

So the standard is not proof beyond a reasonable doubt. In this instance, Judge Kavanaugh can rebut these allegations. They are serious and credible with the kinds of evidence that is within his control. You know, there's a doctrine ever law that says the party that controls the evidence after there's a prima facie case made has a duty to come forward. It's the burden of production.

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