Tuesday, April 2, 2019

Accused of Sexual Misconduct, Joe Biden Faces the Presumption-of-Guilt Standard

Addressing charges that Joe Biden behaved inappropriately toward former Nevada legislator Lucy Flores, a spokesperson for the likely presidential candidate said, "Neither then, nor in the years since, did he or the staff with him at the time have an inkling that Ms. Flores had been at any time uncomfortable, nor do they recall what she describes." Flores has alleged that, at a 2014 campaign appearance, then-Vice President Biden leaned in behind her, "Inhaled" her hair, and "Proceeded to plant a big slow kiss on the back of my head." She described behavior that's creepy, and goes well beyond what could be expected even of a "Tactile" politician such as Biden.

Perhaps no major American political figure has so consistently championed the erosion of due process for those accused of sexual misconduct.

Biden will now learn firsthand how the mantra of "Believe all survivors" has the effect of presuming the guilt of the accused.

Biden has certainly championed this approach for accused college students, as the Obama administration used Title IX to impose guilt-tilting procedures on the nation's campuses.

In a September 2017 conference call with victims'-rights activists, the former vice president derided DeVos's supporters as "Culturally Neanderthals." Biden's approach to campus sexual misconduct effectively reverses Blackstone's central premise of common law: to undo the injustices of the past, this new tenet holds, it is better that 10 innocents suffer than one clearly guilty student escape.

Biden's current situation recalls that of former senator Al Franken, who bitterly criticized DeVos's Title IX policies, only to flail about in defending himself against allegations of sexual misconduct.

In an ideal world, Joe Biden would use his new experience as an accused party to champion fairer treatment across the board.

https://www.city-journal.org/joe-biden-sexual-misconduct-allegations

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