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Evidence and Allegations

Some thoughts about allegations against politicians and those in power.

There has been an allegation that in the early 1990s Joe Biden sexually assaulted a staffer. This post offers some thoughts on that and the larger problem.

First, Associate Justice Kavanaugh. He was accused of past wrongdoing during his confirmation hearings, and the Republicans in the Senate, along with the White House, blocked any real investigation into the matter. This is a sick pattern among Republicans, of blocking information about matters big and small. The Republican party is a shadow party, content to hide from the light of day all sorts of important information vital to the functioning of capitalism and democracy. So long as it’s not about a Democrat. Indeed, Mitch McConnell has called on Biden to release his Senate papers, while he and the White House blocked the release of thousands of pages of relevant information during the Kavanaugh hearings. To this day, I still do not have enough information to judge whether the allegations against Kavanaugh were true.

Now, Biden. As it stands, I do not have sufficient information to decide whether to believe the allegation. The claims of corroboration do not actually corroborate, but merely repeat. There were no additional details or indications of past details being offered by the people the allegator allegedly told of the incident.

I find it problematic to believe accusations without evidence. That’s not to say I disbelieve the claims, but it is to say I hold in my mind the capacity to place unproven claims in a space dedicated to them. And that’s how my mind is going to operate because there are plenty of things I cannot determine the truth of, at least yet, and I do not also find evidence to dismiss them entirely.

I think that having an independent law firm look through the relevant files and releasing any that apply to the circumstances is reasonable. I think the same should be done for Donald John Trump’s files and the accusations against him. And McConnell can release his own Senate files. But double standards are something I have no interest in. The Republicans who seek to dig into Biden while they hide under the table are public failures and the princelings of loserdom.

Going forward, the reasonable advice that movements like #MeToo should offer is that anyone who has been told by a friend, neighbor, coworker, or other familiar party of serious wrongdoing, sexual or otherwise, should seek out a lawyer to conduct a video recording with a court reporter present. They would make a firm record of the retelling of the telling, including questioning by the lawyer, to be kept in confidence should the need arise in the future to attest to having been told of an incident. That’s prudence, and it would be much more corroborative than anything offered in this instance (or in the allegations against Kavanaugh, for that matter). Nonprofits that specialize in this area can and should work to develop criteria to that end and a process to be followed.

Either we formalize the process, or we continue to entertain allegations and make judgments based on blurry pictures. I’m obviously in favor of formalization.

There are numerous benefits to such a process, and other than the risk of the material being leaked (which would find punitive effects for whatever lawyer allowed that to happen), the defects are few if any.


The allegation against Biden is serious, but without some evidence that is more than an allegation, it would be impossible for me to believe it. I understand others’ judgments work differently and I respect that. My own judgment is my own and is not to say others’ approaches are wrong.

The DNC (and the RNC, for that matter) should, however, have some formal processes in place to investigate any allegations and to, if warranted, replace defective candidates. Voters do at least deserve the reassurance that if details emerge that disqualify a candidate for office, they will not be left holding the bag for that malfeasance.

As for the likes of those who hide from the light like Mitch McConnell, while calling for it only to be shined upon political opponents, one can only hope that the voters of their states wise up and turn them away from their service.

The election is in 26 weeks (half a year).