Levin Lies About Due Process

Levin Lies About Due Process October 23, 2018

Mark Levin, the right wing radio host, was here in Michigan the other day giving a speech at Hillsdale College and he was both whiny and dishonest in talking about the Kavanaugh nomination. He said we give more due process rights to terrorists than we do to conservatives Supreme Court nominees.

“If you are in this country and you’re a known terrorist and you’re captured, you have due process rights. You can’t just allege things. You’ve got to go through the system. If you’re a mass murderer, you get due process rights,” Levin said. He then pointed to the person, whom he described as “subhuman,” that authorities have charged with killing Iowa student Mollie Tibbetts and noted that even that suspect was entitled to due process in the courts.

“If you are a constitutionalist who is nominated to the Supreme Court, you are treated worse than a terrorist and a mass murderer,” Levin said. “Our entire system we just discussed—criminal, civil—the entire system is built around due process.”

He continued, “They have legal standards that they have to meet unless you’re nominated to serve on the Supreme Court and you want to uphold the Constitution. The Senate Judiciary Committee is a disgrace.”

But a confirmation hearing is not a court of law. Due process rights apply in criminal proceedings, not job interviews. But that doesn’t mean we shouldn’t try to objectively evaluate the evidence and the claims being made, both by his accusers and by the nominee. So what would that look like in the context of a confirmation hearing? Well it would start with a thorough investigation by the FBI in which they interviewed both of them along with everyone else who came forward with testimony about it. Guess who wanted such an investigation? His accuser did. Guess who didn’t? Kavanaugh, Trump and the Republicans in the Senate. who instead only managed to give in just enough to get an incomplete, sham investigation that didn’t bother actually looking at the evidence or testimony of at least a dozen people. So who was in favor of due process in this context and who was not? The answer seems rather obvious to me.

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