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Title : Correction, and more on the Kavanaugh story
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Correction, and more on the Kavanaugh story

In the preceding post, I aver that the Avenatti claimant says that her abuse happened at Yale. Since Connecticut has a rather severe statute of limitations on rape, I questioned whether Avenatti had a triable case.

The error was mine. Avenatti actually said that the incident occurred in Maryland, during Kavanaugh's high school years. I apologize for this mistake, which no doubt arose from the close conjunction of the Ramirez claim and the Avenatti claim.

As most people now know, Maryland's laws on rape differ from the laws in many other states. There is no statute of limitations for that crime in the state I now call home. (Surprisingly enough, many other crimes -- including some that seem rather minor -- have no statute of limitations here. It's not a very forgiving state.)

There is still some question as to whether Avenatti has a case, since his own letter to Congress does not specify that rape was involved. His own wording pointedly leaves open the possibility that a group of boys took advantage of a drunk girl. Such an episode would fall into the category of "Horrible, but technically legal."

We must also deal with the issue of statutory rape. In Maryland, statutory rape requires an age difference of more than four years: A 14 year-old girl may legally have sex with an 18 year-old boy, but not with a 19 year-old boy. (My understand is that a different set of rules govern those under the age of 14.) I strongly doubt that Kavanaugh or his then-associates can be brought up on a statutory rape beef.

So: Does Avenatti have a case? It all comes down to the question of whether his client can plausibly claim rape, as opposed to consensual sex. Avenatti's wording definitely leaves the matter open to doubt. Sorry, but he wrote those words, not me.

Even if consensual, I still think that it is fair to take the incident into consideration when assessing whether Brett Kavanaugh is the sort of man we want on the Supreme Court. As many have noted, Kavanaugh is undergoing a job application, not a criminal trial; it is fair to discuss character. By way of illustration: I don't think that anyone will ever indict Eric Schneiderman for sexual assault. But even though he will never be indicted, the stories published about him would preclude him from becoming a Supreme Court Justice.

Kavanaugh's Fox News appearance -- in which he claimed to be the archangel Gabriel's goody-goody little brother -- doesn't seem to have done him much good. His Yale classmates are now telling a new version of an old Groucho Marx joke: "I knew Doris Day before she was a virgin."

Liz Swisher, who described herself as a friend of Kavanaugh in college, said she was shocked that — in an interview focused largely on his high school years and allegations of sexual misconduct — he strongly denied drinking to the point of blacking out.

“Brett was a sloppy drunk, and I know because I drank with him. I watched him drink more than a lot of people. He’d end up slurring his words, stumbling,” said Swisher, a Democrat and chief of the gynecologic oncology division at the University of Washington School of Medicine. “There’s no medical way I can say that he was blacked out. . . . But it’s not credible for him to say that he has had no memory lapses in the nights that he drank to excess.”

Lynne Brookes, who like Swisher was a college roommate of one of the two women now accusing Kavanaugh of misconduct, said the nominee’s comments on Fox did not match the classmate she remembered.

“He’s trying to paint himself as some kind of choir boy,” said Brookes, a Republican and former pharmaceutical executive who recalled an encounter with a drunken Kavanaugh at a fraternity event. “You can’t lie your way onto the Supreme Court, and with that statement out, he’s gone too far. It’s about the integrity of that institution.”

A young man in college can be both a heavy drinker and a virgin, but the conjunction is unusual. If Kavanaugh is willing to lie about his drinking, he is no doubt willing to lie about other matters.

If we lived in a just world, the fact that Brett Kavanaugh demonstrably perjured himself on non-sexual matters should be enough to knock him off his bench and land him in jail. Why aren't more people talking about that?

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