Senate Minority Leader Chuck Schumer said on Tuesday that “there’s no presumption of innocence” for Supreme Court nominee Brett Kavanaugh, because a Senate hearing is not a legal proceeding.
“It’s not a legal proceeding, it’s a fact-finding proceeding…this is standard operating procedure,” Schumer said. “There is no presumption of innocence or guilt when you have a nominee before you.”
Chuck Schumer, in his own words, Brett Kabvanaugh has “No presumption of innocence.”
This explains much of the Democrats approach to these accusations. pic.twitter.com/nTUzJ2J4t2
— Benny (@bennyjohnson) September 25, 2018
Indeed, Kavanaugh is not under criminal investigation, because his accusers and those to whom the accusations were reported, have chosen not to follow standard procedure for criminal prosecutions. If they had, the Constitution, specifically the Sixth Amendment, would have allowed Schumer to achieve his desire to “find the facts.”
The Sixth Amendment explains the framework for a just fact-finding mission and the rights of the accused:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
According to Schumer, the constitution doesn’t apply to Supreme Court Justice Nominees who have a track record of adhering to the Constitution.