Senior Writer for National Review David French joined Fox News Radio's Guy Benson and Marie Harf to talk about his recent column in the National Review about the Kavanaugh allegations, "Corroboration is Critical Because Memory is Unreliable."
On his column about standards we should have on allegations: There's this sort of television view of the practice of law. There's two sides. One's obviously lying. One's telling the truth and the brilliant lawyer finds out which is which. The reality though is you often find two sides fiercely dedicated to their story. If you put either one of them under a lie detector test they'd pass it because they believe it. So what ends up happening is you realize very quickly that memory is fragile... One of the things that I have gone back to as I think about this accusation against Brett Kavanaugh is that one of the big contrasts between the accusation against Brett Kavanaugh and the accusations against Roy Moore, Bill Clinton Donald Trump, Harvey Weinstein, I mean you can just go down the list of sort during the Me Too moment. You will see time and time again there is what is called contemporaneous corroboration. (1:03)
On Ford showing up on Monday: I think she needs to show up and the reason why is pretty simple. Look, and I say this without minimizing in any way shape or form how difficult it is and how difficult it is for a victim of sexual abuse, sexual misconduct, sexual assault to come forward and testify, especially if its open and the eyes of the nation on her. But, if you're going to make an accusation, in this case it could be a history altering plus life altering accusation there should be at least as much of an opportunity to test her claims as we have to test the claims whenever anyone makes an accusation that has real binding of force anywhere in the United States. (3:24)
On focusing on memory not motive: I think the mere fact that she's a Democrat, I'm just not going to go to this place that the mere fact that I'm a Democrat or that I'm a Republican means that I therefore have motive to lie on the national stage to derail a man's career and destroy his personal reputation that he's built up for decades. (9:19)
On how Kavanaugh can defend himself: I think what's more effective than the reputation testimony is the fact that this is throughout this man's entire public life this is the only claim like this and here's why I think that that's really important. The allegation against him is not of some minor excessive flirtation or clumsy pass. This is an allegation of a serious sexual assault and from what we know and what we've seen that is not something that somebody tends to do one time and one time only when they've had a couple too many beers. This is something that tends to be a pattern when you're talking about something that serious. (15:45)