(ThyBlackMan.com) Let’ compare and contrast the cases of Cosby, Kavanaugh and Clarence Thomas. When Clarence Thomas was accused of sexually harassing Anita Hill in 1991, few even knew what sexual harassment was. Back in the day, many a powerful executive had a stunning young secretary at his side who, it was assumed, was hardly there for her secretarial skills. And if she didn’t want the job, why did she take it, everyone thought.
But it does not work that way anymore. Why? Because when a Black woman (Anita Hill) accused a powerful Black man (Supreme Court nominee Clarence Thomas) of sexual harassment, though she did not prevail, her case was heard. And, thus, the legal concept of “sexual harassment” was seared into our consciousness. Twenty seven years later a white woman, in fact several white women, accuse a powerful white man of far worse, and again the man wins, but the case was heard. And the result? We shall see in November.
Now let’s turn to Bill Cosby. “America’s Dad” is led away shuffling in shackles. And little is said in protest. Where is the nation, and where especially is the Black community? Did the speech he delivered some 14 years ago at the NAACP Awards Dinner, excoriating the Black community, play a part in Black America’s indifference? But before we get into that, is Cosby guilty? Who knows what happened in any of the myriad cases brought against him. We were not there. However, in some, what took place was doubtless a variant of “the casting couch.” It’s been an open secret in Hollywood for decades that those with the power to pick and choose whom to “give a break” to, very often demand something in return. And if she, or he, said no, then someone else would surely say yes.
Thus Cosby’s case, like that of Clarence Thomas, proved to be a landmark. Now the casting couch has been exposed and consigned to ignominy. But why did Cosby become the Poster Boy? No matter who said what about Cosby, be they white woman Black woman or any woman, Black America would not have stood for any of it. But Cosby’s 2004 rant, the so-called “pound cake speech” alienated many. In fact, it was African American comedian Hannibal Burress’ joke about this that set things in motion.
Burress, in 2014, joked that Bill Cosby has the “smuggest old black man public persona that I hate. He gets on TV, ‘Pull your pants up black people, I was on TV in the ‘80s! I can talk down to you because I had a successful sitcom!’ Yeah, but you rape women, Bill Cosby, so turn the crazy down a couple notches.” Sexual assault allegations had surrounded Cosby for years, but when Buress’ joke went viral, the floodgates opened and dozens of women came forward.
And so, the bottom line? Let’s go back 200 years, Thomas Jefferson and Sally Hemmings, his Black paramour. I have seen her pictured as a Black American heroine. Was she? Now this is not to throw stones at Ms. Hemmings, half sister of Jefferson’s wife, but only to ask a simple question. Was their relationship consensual?
In other words, no matter how compliant she was, did Hemmings, being that she was enslaved, really have a choice? Did the buxom secretary on the arm of her boss or the rising starlets in the movie studios have a choice? Did Anita Hill negate her case by sending friendly correspondence to Clarence Thomas after the alleged incident? Many Cosby accusers did likewise. And should we take at face value the many current and former female assistants of Judge Kavanaugh who attested to his character? Did any of these women have a choice?
Back to Sally Hemmings. There were countless forcible rapes during the days of bondage. But there were also many in which the woman complied, but acted against her will nonetheless. And so on down through the ages, up until now. The question we are getting at is this, is there a sharp line between rape and sexual harassment? And is there a definite marker between sexual harassment and everyday life? And, if so, what are they? We are in the midst of the painful process of finding out. . .
Staff Writer; Arthur Lewin
This talented author has just published a NEW book which is entitled; AFRICA is not A COUNTRY!.
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HOW KAVANAUGH GOT AWAY WITH IT
Trevo Craw
First let me say I am not a democrat. Secondly Kavanaugh being confirmed will benefit me because I neither support abortion (Pro-Death) nor do I support LGBTQ (perversion). Thus my comments are facts instead of being against Judge Brett Kavanaugh. But it is likely he did it and got away with it. And I am going to tell you why Judge Brett Kavanaugh will sit on the Supreme Court.
THE PUBLIC DIDN’T KNOW THE RULES OF EVIDENCE AND
THE REPUBLICAN SENATORS IGNORED THOSE RULES
The Republican senators pulled in the rules for a criminal trial when it was convenient and ignored them when it wasn’t. They played heavily on public ignorance and repeated things over and over again that just were not true and that were undetermined. They literally took a page out of the Trump playbook.
Many of the senators (esp the attorneys in the senate) knew the rules of evidence but they put a deceptive spin on every bit of it and much of the public fell for it. It is not likely that people who wanted Kavanaugh went back and fact checked the legal rules of evidence and corroboration. Thus the Republican senators had cart blanche to keep saying “there was no corroboration”.
THE LIE OF “NO CORROBORATION”
First of all, the 4 witnesses named by Ford as being at the event where she was sexually assaulted did not say it did not happen. They said they had no recollection or recall of that happening. They walked a line right down the middle that neither proved nor disproved anything. They gave similar answers that would keep them out of perjury and yet keep them from admitting anything. In the case of the 4 witnesses, when you want to avoid the true, no matter what it is, you say you don’t remember.
Second of all, corroborating evidence is not only based on eye witness testimony, even though the public was deceived into believing that it is.
Corroborating evidence can also include the testimony of people you told about the assault. There were 6 people Ford told yet the FBI did not interview any of them. Why not? Because the FBI got its guidelines from the Republican controlled Senate/Senate Judicial Committee. The FBI had their hands tied and had to do only as they were instructed.
Third of all, Ramirez who also made accusations against Judge Kavanaugh supplied 20 names of people who she said could corroborate his actions. But yet again the FBI did not question any of them either. So in this case also we cannot say there is no corroboration if nobody is asking the 20 people anything.
THE PRESUMPTION OF INNOCENCE DECEPTION
First the presumption of innocence is valid only in a criminal trial. Donald Trump did not use the presumption of innocence with the central park 5 who were cleared by the court and when the real rapist confessed. Nor did the public (and probably many Republican senators) presume Bill Clinton nor Bill Cosby nor OJ Simpson were innocent until proven guilty. Let’s stop the hypocrisy.
Fairness would have been to question the 6 others Ford told in order to see if they could corroborate her testimony. Fairness would have been to let the FBI do what they do and follow leads either way instead of allowing the senate to control them. Fairness would be to ask why the FBI missed all of this in their initial 6 background checks instead of just slamming Ford for waiting so long. Fairness would have been to bring a trauma expert into the hearings who would have verified that victims often wait a long time and often don’t remember many details.
Fairness would have been for the FBI to question Ford and Kavanaugh because they are better at detecting lies than a bunch of good old boy Republican senators and anxious Democrats with partisan agendas. Fairness would have been for the FBI to question the 20 people who Ramirez stated would be able to corroborate what Kavanaugh allegedly did to her. Fairness would have been for the senators not to make up their minds before they even heard the testimonies of Ford and Kavanaugh. So Sen. Collins can shut up about fairness because it was out the window Day 1.
THE FACTORS YOU ARE NOT NOTICING
This was never a search for the truth. It was 2 partisan parties playing a game of chess. The Republicans wanted Kavanaugh because he will help to overturn Roe vs. Wade, because he is anti-LGBTQ and because he is not a fan of rights for African Americans nor racial equality. The Democrats are against Kavanaugh because of all I just mentioned and because they know Kavanaugh will protect Trump if it comes to an issue of impeachment or subpoena.
Trump wanted Kavanaugh for several reasons. First because Trump promised to overturn Roe Vs. Wade if he got two Supreme Court Justices confirmed to the court – thus keeping a campaign promise to his base.
Second Trump knows Kavanaugh can protect him in the Russian investigation because Kavanaugh believes a sitting president should be exempt from subpoena. Third because Trump knows if the Democrats take the majority in the House and Senate, they will launch a major impeachment effort against Him as President. If that happens, Trump will fight until it ends up where? In the Supreme court where Kavanaugh can and likely will help him.
STATEMENTS BY JUDGE BRETT KAVANAUGH:
“We should not burden a sitting President with civil suits, criminal investigations, or criminal prosecutions.” Brett Kavanaugh, Minnesota Law Review, 2009
https://www.nytimes.com/2018/09/06/us/kavanaugh-civil-rights-race-hearing.html
SENATOR COLLINS TRYING TO HAVE IT BOTH WAYS
She stated she believed Ford was a victim of sexual assault but then Collins ignored who Ford said the perpetrator was. Senator Collins tried to appease both sides of the issue as much as she could but her statements were contradictory arguments back and forth against her own position. How can you believe a woman’s testimony of what happened to her then ignore who she named as the culprit? How can you speak positive of Ford’s candor and sincerity then flip in the same speech to doubt and criticize her testimony? You cannot play both sides and have it both ways.
WHAT SHOULD DOCTOR FORD DO NOW?
Dr. Ford should go to Maryland and file criminal charges against Brett Kavanaugh. She should continue to share her experience. Ford should sue Brett Kavanaugh for defamation. And she should solicit the support of every women’s rights group in this country. She should also meet with the other women who brought accusations, get an attorney to hire and end out investigators and collect all the evidence from those who the FBI could not and did not question. She should, along with attorneys, investigators and other victims, collect all corroborating evidence and publish it as well as supply it to the civil and criminal court in Maryland where she can file criminal charges and a civil case.
Dr. Ford was treated nicely and respectfully in the Judicial Committee hearings because they did not want to anger women voting in the mid-term elections by beating up on a female victim. But Ford was treating like a dog by many of the senators outside of the hearings. She was mocked by the president.
EVEN IF REPUBLICANS BELIEVE KAVANAUGH IS GUILTY – IT DIDN’T MATTER
The Republican senators wanted Kavanaugh to be confirmed whether he did it or not. That is why so many made up their minds before Ford and Kavanaugh even testified about the accusations. If you have never seen Star Trek, you may not understand this. The needs of the many outweigh the needs of the few. This is the principle used by those politicians who wanted Kavanaugh. The Republican senators looked at how much they have to gain with Kavanaugh on the bench and they are willing to sacrifice the sexual assault of one, two or 3 women to get it. Sad but true. What do they gain? Protection of the president, which in turn protects the Republican political agenda. Protection of gun rights (the NRA put millions behind Kavanaugh) and turning back the clock on civil rights, abortion rights and LGBTQ rights.
THE REPUBLICAN DILEMMA
It is a huge risk for the Republicans to push Kavanaugh through because the feminists, women’s rights groups, victims of sexual assault and the MeToo movement are very large and very powerful. They are also the largest group of voters in the mid-term election. If enough women are upset, a number of Republican senators will be going home and/or Trump can forget any hopes of re-election for sure.
In summary God does not like ugly and what is hidden in the dark will come to the light. We never really get away with anything and there are those who know the truth. They have to reap what they sow just as we all do. No avoiding that – ever. So just as all this came out, it may cost more seats in Congress than expected. Never underestimate the power of those courageous enough to step up, speak up and stand up to address the perpetrators.