A Helpful Reminder Why Due Process Matters

Somewhere between the creation of the Magna Carta and now, leftists have forgotten why due process matters; and in some cases, such as that of Judge Brett Kavanaugh, they choose to outright ignore the judicial and civil rights put in place by the U.S. Constitution.

In this age of social media justice mobs, the accused are often convicted in the court of (liberal) public opinion long before any substantial evidence emerges to warrant an investigation or trial. This is certainly true for Kavanaugh. His accuser, Christine Blasey Ford, cannot recall the date of the alleged assault and has no supporting witnesses, yet law professors are ready to ruin his entire life and career. Not because they genuinely believe he’s guilty, but because he’s a pro-life Trump nominee for the Supreme Court.

It goes without saying: to “sink Kavanaugh even if” Ford’s allegation is untrue is unethical, unconstitutional, and undemocratic. He has a right to due process, and before liberals sharpen their pitchforks any further they would do well to remember what happened to Brian Banks.

In the summer of 2002, Banks was a highly recruited 16-year-old linebacker at Polytechnic High School in California with plans to play football on a full scholarship to the University of Southern California. However, those plans were destroyed when Banks’s classmate, Wanetta Gibson, claimed that Banks had dragged her into a stairway at their high school and raped her.

Gibson’s claim was false, but it was Banks’s word against hers. Banks had two options: go to trial and risk spending 41 years-to-life in prison, or take a plea deal that included five years in prison, five years probation, and registering as a sex offender. Banks accepted the plea deal under the counsel of his lawyer, who told him that he stood no chance at trial because the all-white jury would “automatically assume” he was guilty because he was a “big, black teenager.”

Gibson and her mother subsequently sued the Long Beach Unified School District and won a $1.5 million settlement. It wasn’t until nearly a decade later, long after Banks’s promising football career had already been tanked, that Gibson admitted she’d fabricated the entire story.

Following Gibson’s confession, Banks was exonerated with the help of the California Innocence Project. Hopeful to get his life back on track, he played for Las Vegas Locomotives of the now-defunct United Football League in 2012 and signed with the Atlanta Falcons in 2013. But while Banks finally received justice, he will never get back the years or the prospective pro football career that Gibson selfishly stole from him.

Banks’ story is timely, and it serves as a powerful warning to anyone too eager to condemn those accused of sexual assault. In fact, a film about Banks’s ordeal, Brian Banks, is set to premiere at the Los Angeles Film Festival next week.

Perhaps all the #MeToo Hollywood elites and their liberal friends should attend the screening – and keep Kavanaugh in their minds as they watch.

By Ann

Ann is a conservative political blogger whose work has appeared on Bleacher Report and America Liberty PAC. Nothing angers... More about Ann

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