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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe real reason Mark Judge won't appear at the Senate hearing
The reason Bret Kavanaugh's friend won't appear at the hearing and the Republican majority doesn't want him there isn't because he will testify, it's that he won't.
Mr. Judge has a lengthy written history, writing two books about his excessive life style in high school and college. He will never remember what happened in the night in question, but that's not the point. To have 10 Democratic Senators, some with prosecutorial experience, asking Mr. Judge questions puts this man in great legal peril of perjury, and he knows it.
If Mark Judge is called before the Senate, he will undoubtedly take the 5th, which is his right. But, this confirmation hearing is not a trial and Mr. Judge is not a defendant. In this hearing, taking the fifth against self-incrimination does not protect him from anyone inferring a negative opinion of the witness, just as it would in a civil trial. Only a defendant in a criminal trial has that innocent inference.
So, if Mark Judge appears and invokes his 5th amendment rights, Kavanaugh is cooked and the Republicans know it.
rainy
(6,083 posts)Im guessing he does remember.
louis c
(8,652 posts)grantcart
(53,061 posts)TwistOneUp
(1,020 posts)louis c
(8,652 posts)...will be asked by Dem Senators. Remember, 10 Democrats get to ask questions, too.
blogslut
(37,955 posts)This is how it would go:
Q: Mr Judge did you attend the party?
A: No.
Q: Were you an alcoholic in high school?
A: Well, I was young and I drank a lot...
Q: You wrote book about your teenage alcoholism. You described being heavily intoxicated numerous times. Did you get blackout drunk in high school?
Q: Look, I...
A: How can you be sure you weren't at that party when its entirely possible it happened on one of the nights where you drank so much you don't remember what you did?
louis c
(8,652 posts)BigmanPigman
(51,432 posts)He said that only 5 people were at that party. Who are the other two? Where are they now?
dchill
(38,321 posts)Izzy Blue
(282 posts)Mark Judge
Patrick J. Symth...
The female Leland Kaiser (sp) whose attorney just released a statement denying she was there.
BigmanPigman
(51,432 posts)and none mentioned the woman and the other guest Smyth has denied being at the party. So people involved either don't remember or flat out deny being there. How are the Senators going to be able to make any real investigation if these are the witnesses? They won't even call/subpoena the other three at the party to testify. The FBI must be called in to get to the bottom of this mess.
Grasswire2
(13,564 posts)Whoever took her home or was at home would be a witness to her state of mind, potentially.
BigmanPigman
(51,432 posts)We will never get the real story until many years from now when the Dem Senate is finally in control.
lostnfound
(16,138 posts)If that was the only time, it would be remarkable enough to remember. Would use it later to razz him or bluster.
If not the only time, that would be damaging too.
I agree, he will not testify for fear of perjury.
apkhgp
(1,068 posts)Battered and deep fried. I did not know that was on the menu.
Grasswire2
(13,564 posts)lunatica
(53,410 posts)Im betting those two assaulted girls a lot.