Legal Speaks Home Debbie Hines Bio Blog TV Clips Practice Areas Res Ipsa Loquitur Links Contact
Blog Home

Archive for September, 2018

Why a Decades Ago Attempted Rape Should Derail Kavanaugh

Monday, September 17th, 2018

Judge Brett Kavanaugh was on to smooth sailing to a lifetime appointment on the Supreme Court before Professor Ford came forward with allegations of an attempted rape by Kavanaugh when he was 17. Ford at age 15 attended a party where Kavanaugh attempted to rape her on a bed and in the process placed a pillow over her head to prevent her from screaming. Now years later, Ford is scheduled to testify publicly about these allegations.

As I appeared on DC Fox 5 this evening, I was asked why would Professor Ford come forward so many years later. Most women, including Ford would prefer to forget the details of a sexual assault. However, the reality is most can never forget the assault or in Ford’s case an attempted rape.

While I cannot speak for Ford, she likely came forward now because she has a civic or moral duty to convey significant information about Kavanaugh’s character and fitness to serve on the highest court. And it doesn’t matter that the incident took place decades ago. No one should get a pass for attempted rape. And the issue should not be lightly dismissed due to the length of time. What should be judged is substance over timing.

Fox 5 also asked how me does one decide a “he said, she said” controversy. Normally, in a sexual assault case, it is viewed as he said she’s lying and that’s the end of it. But the MeToo movement is slowly changing all of the previous perceptions. A funny thing has happened. Women are now being believed. But the stakes are high here. So Professor Ford took a lie detector test given by a former FBI agent. Even with lie detector test, it may not be enough.

The determination of what will happen depends on how well Prof. Ford testifies; how believable she appears; Most will need to judge if there is any ulterior motive or if anyone has anything to gain by testifying. In this instance, Prof. Ford has everything to lose and nothing to gain. And if there is any doubt, folks should read up on what happened to Prof. Anita Hill after she testified. She almost lost everything in her academic career. Kavanaugh has everything to gain—a lifetime appointment on the Supreme Court.
The parallels to Anita Hill and Clarence Thomas are misplaced. Anita Hill accused Clarence Thomas of sexual harassment in the work place. Professor Ford accuses Kavanaugh of a serious crime—-attempted rape. And those allegations deserve a serious look at Kavanaugh’s past. The FBI should be investigating him to locate persons who may have further information about the party, the judge and the professor.

Kavanaugh’s vote should be delayed until a full and complete investigation of these serious allegations. With the Republicans, that is not likely to occur. They want to ram Kavanaugh through the process before the midterms. What may occur is the Senate Judiciary committee may vote against a full Senate vote after hearing the testimony. There are 21 senators on the Senate Judiciary committee. 11 are Republicans and 10 are Democrats.

Most Republicans knew about Kavanaugh’s lack of judicial taste for women. That’s why he was selected in the first place—to turn back the hands of time for women; to vote against abortion rights. And now what stands between him and a lifetime appointment is a courageous woman. And her life will never be the same for her act of courage. All women’s lives will never be the same if Kavanaugh becomes a Supreme Court justice.

Kavanaugh must be blocked at all costs. The stakes are too high for an alleged rapist to sit for a lifetime on the Supreme Court. We are better than this.

Washington, DC based Debbie Hines is a lawyer, former prosecutor and member of the Supreme Court bar.

Why I Will Never Forget 9/11

Tuesday, September 11th, 2018

Seventeen years ago, the worst attack on American soil occurred with terrorists hijacking four planes resulting in the loss of almost 3,000 lives and additionally more than 6,000 injured in New York City at the World Trade Center towers, the Pentagon and Shanksville, PA. Everyone who was living at the time and old enough to remember, recalls what they were doing at those moments. And we must never forget the loss of lives and the way our society has changed forever as a direct result of the terrorist assault on American soil. Many others died later from illnesses due to the exposure to the dust in the attacks. Those who lost their lives were Americans and others from 90 countries.

At the time of the attacks, I lived on Capitol Hill and worked nearby in downtown Washington, D.C. I was rushing late for a deposition to be held at my office. When I arrived to the office, in hurry mode, I ordered the court reporter to go to the conference room and told my client I would be with her shortly. I failed to notice the eerie silence in the office until my office colleague brought me in to watch the breaking news on the office TV. The first World Trade Center tower had been hit and was engulfed in flames. As I sat in fear and horror, I watched in real time as the other attacks unfolded.
We were told to evacuate our office building after the plane hit the Pentagon. Most folks did not return to their office and went home—which took hours.

Living 8 blocks from the Capitol, I was scared to go home for fear that the Capitol might be hit. Instead I went to a college friend’s house overnight in nearby Silver Spring, MD which like D.C. was devoid of any people on the street. I was still reluctant to go home afterwards. I knew a few folks who were stranded in towns across the country when their planes were ordered to land.

For me and many others, it brought about the loss of innocence—that living in America was somehow a safe -haven –at least from terrorist activities. It broke the naiveté that modern-day terrorist attacks only occur abroad—never here. Watching Pres. George W. Bush, speaking on behalf of all Americans, brought a sense of unity. It was heart warming to see our allies abroad support us and stand beside us. For an entire week, I was glued to the TV—hanging on to every known fact.

What I will always remember about 911 is that our freedoms and way of life cannot be taken for granted. For many long weeks later, I saw police with rifles, military style trucks and tanks on Capitol Hill. It was a surreal scene like something in a movie—except it was real. Our way of life from boarding airplanes, entering government buildings to getting a driver’s license changed-forever.

On this 9/11 anniversary, we as Americans must remember that our U.S. allies stood with us and for us. And we must never forget that we are a global society. The isolationist policy today by the Trump administration is a flawed one which could prove fatal to us. And 911 proves that we must never forget the tragedy of loss of life and the global support of our world neighbors. Never forget.

Washington, D. C. based Debbie Hines is a trial lawyer, legal analyst and former Baltimore prosecutor.