Franken Wasn’t “Denied Due Process” By Critics

One of the primary rallying cries of the righteous defenders of Senator Al Franken is that he is being “denied due process.”  Republican former Governor Arne Carlson was the latest in a long line of folks to make this righteously indignant assertion:

I am deeply troubled by the resignation of Al Franken and the complete absence of anything resembling due process. While I am not always in agreement with Senator Al Franken, I firmly believe in due process which is a cornerstone of our democratic way of living. Whenever in history we abandoned it, we severely damaged ourselves. Just think about the lynching of Blacks in the South, the internment of people of Japanese descent in World War II, or the era of McCarthyism when lives were destroyed based solely on allegations.

With all due respect to the often thoughtful Governor Carlson and my progressive friends who are understandably stinging over the loss of an effective champion, puh-lease. Al Franken is being treated like lynched African Americans or imprisoned Japanese Americans?  Really?

This is a silly argument. Clearly, Senator Franken had due process available to him every step of the way – the Senate Ethics Committee investigation process.  Franken said he wanted make use of that process when there was one accuser. After the number of accusers increased to eight, he decided to resign and not tap into that process.  That’s not quite how it went down for African Americans and Japanese Americans.

The critically important point is, the decision to forgo the process was always Franken’s.  It was not forced upon him by “the lynch mob,” the favored term Franken defenders use for anyone who believes Franken’s accusers.  The U.S. Senate’s due process existed for former Senator Bob Packwood when he faced sexual abuse accusations, it existed for Franken, and it still exists for accused pedophile Roy Moore if he, gulp, wins a seat in the Senate today.

While the “denial of due process” argument doesn’t hold up, there is a reasonable discussion to have about whether there was a “rush to judgment.”  Who knows, maybe all eight of these accusers were lying, exaggerating, conspiring or confusing an ass grab with a “hug.” To me, the evidence was pretty strong that Franken’s behavior — sophomoric and degrading, though nowhere near as bad as Moore’s or Trump’s assualts — no longer left him credible enough, at this unique time in history, to be effective representing his state and progressive causes.  That photo, which would have lived on in political ad-driven infamy, made it much worse for him.

But if some disagree with me on that, and want to make the “rush to judgment” argument, that argument is reasonable. Now, it would feel much more reasonable if those same folks were making the same “don’t rush to judgment” argument in the case of Cosby, Weinstein, Rose, Lauer, Keillor, Franks, Moore, Trump and others, which they aren’t.  But that is at least a worthy topic of discussion.

Not so with the “due process” hysterics. If the accusations of all eight women were as false and/or exaggerated as Senator Franken claims, he did have an impartial investigative process during which he could have tried to prove his case. The fact that Franken’s colleagues and constituents exercised their free speech rights to criticize him did not take that right away. He voluntarily abandoned that option himself, just as the list of women accusing him of unwanted grabbing and kissing was growing longer.

Voters Need To Fire The Creeps

We’ve learned a lot of grotesque things in recent weeks.  Minnesota U.S. Senator Al Franken will do anything to get a laugh, including humiliating women. Alabama Senate candidate Roy Moore is a serial pedophile predator who should have been prosecuted before the statute of limitations ran out. Minnesota Representative Dan Schoen and Senator Tony Cornish continually go way over the flirt-harassment line, and it’s not close. President Donald Trump has admitted on videotape to sexually assaulting women, and at least 16 women have gone on the record to assure us that what the President told Billy Bush is true.

So enough with the political noise.  Enough “if the allegations are true” games.  Enough “what about others in the other party?” What these men did was unacceptable.

I obviously can’t control the outcomes of these controversies.  But if I could, this is what I would wish for all of them: None of them would resign under pressure from party leaders. All of them would be voted out.

Clearly, if they do resign before their next election, that’s better than them retaining their power.  But if I could wave a magic wand, I don’t want the final chapter on these men’s history to be “resigned under pressure from party leaders.” I want it to be “rejected by the voters.”

Here is why:  If it’s the former, there will be many Americans who blame the spineless, “politically correct” party elites who forced the resignation. If it’s the latter, it will be much more clear that the community-at-large rejects sexual harassment and assault. That’s what we need to stigmatize this behavior and make it less prevalent.

I understand why party leaders call for these men to resign. To give them the benefit of the doubt, they’re showing that they take the issue seriously. To look at it more cynically, they need to replace their damaged political goods with a more electable candidate so they can retain power for themselves. Whatever their motivation, I’m glad they’re doing it, because it helps to spotlight and denormalize the behavior.

But I don’t want party elites to end these political careers. I want the larger “us” to do that. We’re a democracy. Voters need to step up and do our job. We need to overcome our tribal instincts and vote these guys out. We should replace them with more women. We should send a clear signal to political leaders that creepiness and criminality are electorally toxic, so parties will start nominating better people.

Like a lot of men, I’m not all that comfortable speaking out on this topic. Men who are self-aware and honest know that we’re all part of the sickness we’re reading about on the front pages.

Though we continually assure ourselves that we’re “way better than most,” we also know we’re far from perfect. Maybe we’ve told a joke that we understand in retrospect made women uncomfortable. Maybe we’ve confused objectification with flattery. Maybe we haven’t always controlled our eyeballs. Maybe in the exclusive company of men, we didn’t have the courage to speak out about comments that embolden harassers. Maybe we haven’t called out peers who went over the line in our presence.

So I’m not coming at this from a holier than thou perspective.  We all need to improve. We all need to own this and fix this. Seeing the community at large — masses of fed up voters — reject this behavior will do more to hasten the improvement process than seeing them forced out by a handful of party elites scrambling to cover their asses.