Sex Predator or #MeToo Prey?

Real Clear Politics

Life was good for Matthew Dababneh until the fall  2017. A former congressional aide, the moderate Democrat had won an open seat in the California State Assembly in 2013 and easily won reelection twice. At age 36, he was rising in  Democratic Party politics. Then, with breathtaking suddenness, his reputation and career were devastated. It started when a lobbyist named Pamela Lopez was quoted accusing an unnamed California lawmaker of pushing into a bathroom behind her, “expos[ing] himself and . . . masturbating.” She later claimed it was Dababneh. But he hopes his libel suit against her will provide the public hearing […]

Manafort, Ukraine, and the Scapegoating of Greg Craig

Real Clear Politics

Of all the collateral damage inflicted on ancillary players in the special counsel’s probe into Russian meddling in the 2016 U.S. presidential elections, none is as strange – or capricious – as the Justice Department’s crusade against well-connected Democratic lawyer Gregory B. Craig. It seems on the verge of prosecuting Craig, one of Washington’s most celebrated lawyers, on charges of lying to department officials in 2013 to evade a legal duty to register as an agent for the Ukrainian government under the Foreign Agents Registration Act (FARA). But the Justice Department’s leadership should take a hard look at the case before […]

Harvard, the NY Times and the #MeToo Takedown of an Academic Star

Real Clear Politics

In a December 14, 2018 piece, the New York Times set the stage by noting that Roland G. Fryer Jr. had attained tenure at Harvard, received a MacArthur “genius” grant, and won the most prestigious award for a young American economist. Then came the takedown: “But his rapid ascent has taken a troubling turn as Harvard officials review a university investigator’s conclusion that Dr. Fryer fostered a work environment hostile to women, one filled with sexual talk and bullying.” This article, and Harvard’s sex bureaucracy, have made a near-pariah of the youngest black professor ever tenured at Harvard University, a man born […]

We Must Face Persistent Racial Gaps in Academic Performance

Real Clear Politics

In covering the most highly publicized “affirmative action” lawsuit in decades – against Harvard University — the news media are continuing their pattern of averting their eyes from stubborn facts that cut against their ideological preferences. In recent trial testimony, Harvard and other selective schools claim that the only way they can maintain adequate racial diversity is to use large racial preferences to admit a great many more black (and brown) students than would otherwise get in based on their academic performance. A person of ordinary curiosity might wonder: Why is that? Just what is the state of black academic […]

Christine Blasey Ford and the Implanted Memory Theory

Real Clear Politics

Did Brett Kavanaugh attempt to rape Christine Blasey Ford in 1982, as she testified in detail on September 27? Almost nobody has accused her of deliberately lying about the alleged attack. But the only other possibility consistent with Judge Kavanaugh’s claim of innocence has received very little attention. That is the possibility that Dr. Ford may have been misled by a sincere but false memory of something that never happened, perhaps created by her marital or individual psychotherapy. At first blush this may seem far-fetched. But science has shown that implanted false memories are such a common phenomenon in human […]

Discredited Sex Assault Research Infects U.S. Legal System

Real Clear Politics

When a toxin enters a biological ecosystem, its effect is magnified as it moves up the food chain. Even if it can be cut off at the source, the ever-widening distribution of its increasingly harmful form can cause problems for decades. Misinformation functions in a similar fashion, gaining traction as it’s repeated by increasingly high-profile individuals who venture ever further from the source material. In this manner, distortion about the facts of sexual assault has affected the training of judges, prosecutors, and other law enforcement officials. It is how misleading assertions become embedded in criminal and military law. This is […]

End the Bias in Campus Sexual-Misconduct Tribunals

Real Clear Politics

Education Secretary Betsy DeVos and her advisers have made a remarkably good start at ending the Obama administration’s abuse of federal regulatory power to attack the due-process rights of university students accused of sexual assault. But the more important task—the crafting of Title IX regulations to ensure fair treatment for both parties in campus cases—is ahead. Last September, DeVos publicly called for fairness to both sides in campus adjudications. About two weeks later, the Education Department withdrew the Title IX “guidance” that the Obama administration had imposed to specify guilt-presuming procedures for the nation’s colleges and universities to use. DeVos has also ended […]

Legal Group Weighs Radical Expansion of Sex Crimes

Real Clear Politics

Imagine the following case: Two recent college grads meet in a bar, talk, begin kissing, and go to her apartment. After a little more talking, they resume kissing there. He undresses her and initiates sexual intercourse. She neither objects nor resists. He leaves, and they have no further contact. A month later, she files a criminal complaint with police, complaining that this was rape because she never expressed verbal consent and was physically passive. Under the law as it has been from time immemorial, the woman’s complaint would be rejected because her failure to say no or resist would be […]

Scalia’s Poorly Worded Comment Has Merit

Real Clear Politics

Justice Antonin Scalia ‘s dreadfully worded comments last week during oral argument about racial preferences in college admissions understandably offended many people. But what he was obviously trying to say made an important point that had nothing to do with racism — a charge hurled at Scalia by people including Harry Reid, the Senate Democratic leader, who once again wallowed in shameless demagoguery.

Is The New York Times Smearing Jameis Winston?

Real Clear Sports

Over the past year The New York Times has published thousands of words about the rape allegation against Heisman Trophy-winning Florida State University quarterback Jameis Winston, all pointing to a single conclusion: He is guilty, and the state of Florida and his school have excused his crime because of his football prowess. But there is a large body of evidence that The Times has kept from its readers that would lead a discerning reader to another conclusion: that Winston has been cleared by three separate investigations because the evidence […]