from Alan Dershowitz at NewsMax:
What If Kavanaugh Was a Liberal Muslim Accused of Terrorism?
As a law professor for half a century, I tested the consistency and strength of my students’ arguments by constructing thought experiments in the form of challenging hypothetical cases — we called them hypos. So let’s construct one to test the arguments being offered in the Kavanaugh case.
A thought experiment: President Hillary Clinton nominates the first Muslim-American to the Supreme Court. Let’s call him Amir Hassan. He is highly qualified and his nomination is widely supported by most Democrats and some centrists.
Most Republicans oppose him and accuse him of being a judicial activist. Then several witnesses place him at a mosque at which terrorism was advocated. He claims he went there to hear all sides of the issue. One witness places him in a terrorism training camp but that account is not corroborated. One final witness identifies him as the man who planted the bomb that blew off his leg at a demonstration. He categorically denies any association with terrorism.
How would the Senate, the media, ACLU and the public deal with these accusations?
The answer seems clear: the sides and arguments would be largely reversed. The shoe would be on the other foot and the hypocrisy of double standards would be exposed for all to see.
Surely the ACLU would not be arguing, as they have in the Kavanaugh case, that doubts should be resolved in favor of guilt. Radicals would not be insisting that terrorism survivors must always be believed as to identification. My left wing colleagues would not point to the anger displayed by the possibly falsely accused nominee as proof of his disqualifying injudicious temperament.
To the contrary, the ACLU would be demanding due process, a presumption of innocence, and a high burden of proof before so serious a charge could destroy a life, family, and career. My colleagues would be defending the righteous anger of a falsely accused victim of ethnic prejudice.