>> SO PRESIDENT TRUMP WILL STAND
BY YOU THROUGHOUT?
>> I KNOW HE WILL STAND BY ME,
HE CALLED ME THIS AFTERNOON AND
SAID HE STANDING BY ME.
>> Tucker: WE ARE STILL
COVERING THE BATTLE OVER JUDGE
KAVANAUGH'S NOMINATION TO THE
SUPREME COURT AND ITS EXPOSING
FAULT LINES AND IDEAS THAT SOME
OF US ARE NOT FAMILIAR WITH.
CHRISTINE SETSER IS PRESIDENT OF
NEW HEIGHTS COMMUNICATIONS.
MAISIE HARGROVE NO SAID
SOMETHING REMARKABLE.
SHE IS A SITTING U.S. SENATOR OF
COURSE, AND SHE SAID THAT MEN,
ALL MEN ARE IMPLICATED IN
SEXUAL ASSAULT AND WOMEN, ALL
WOMEN MUST BE BELIEVED BECAUSE
THEY ARE WOMEN.
THAT SEEMS LIKE AN IDEA THAT
WOULD CUT AGAINST THE WESTERN
UNDERSTANDING OF JUSTICE.
>> I'M NOT SURE THAT'S EXACTLY
WHAT SHE SAID BUT I DO KNOW THAT
THERE IS SOMETHING PARTICULAR
ABOUT CRIMES OF SEXUAL ASSAULT
AND ACCUSATIONS OF
SEXUAL ASSAULT, AND THAT IS,
IT'S THE ONE CRIME THAT AT LEAST
I CAN THINK OF IN WHICH THE
PRESUMPTION OR BURDEN OF PROOF
IS ON THE WOMAN TO SAY SHE
REALLY IS A VICTIM.
LAST YEAR I HAD MY COURSE, CAR
STOLEN.
WHEN I REPORTED IT, IT WAS NOT
ASKED WHAT DID YOU DO WRONG TO
ALLOW YOUR CAR BE STOLEN.
>> Tucker: IT BUT YOU WERE
ASKED QUESTIONS LIKE, DID YOU
LEAVE THE KEYS IN THE CAR, OF
COURSE YOU ARE.
SEXUAL ASSAULT IS A MORE
DELICATE ISSUE FOR OBVIOUS
REASONS, BUT DO YOU THINK THAT
OUR SNEERS OF JUSTICE HAVE
CHANGED?
IN OTHER WORDS, IS THE BURDEN OF
PROOF LOWER?
DO YOU BELIEVE IN THE IDEA THAT
A PERSON IS INNOCENT UNTIL
PROVEN GUILTY?
WE SEE LAWMAKERS CHALLENGING
THAT IDEA.
>> I DO BUT THERE ARE CASES OF
SEXUAL ASSAULT AND RATE THAT,
FOR ONE THING THE VAST MAJORITY
OF WOMEN NEVER COME FORWARD AND
THERE'S LOTS OF REASONS FOR
THAT.
ONE IS ABOUT HOW DIFFICULT IT
WOULD GET TO GET TO TRIAL OR GET
TO A CONVICTION.
ANOTHER REASON IS ALL THE ISSUES
AROUND SHAME, AND THE FINAL
REASON IS SOME OF THE THINGS
THAT ARE PLAYING OUT WITH
KAVANAUGH WHICH IS PARTICULAR
ISSUES AROUND MEMORY.
WHEN WE ARE TALKING ABOUT
TRAUMATIC EVENTS.
>> SO THIS IS A RECOVERED MEMORY
THAT WE NOW KNOW CAME OUT AND
PSYCHOTHERAPY, DOESN'T MEAN IT'S
FALSE AND DOESN'T MEAN THERE ARE
A LOT OF INSTANCES WHERE
RECOVERED MEMORY IS FALSE.
AND I'M NOT SAYING THIS IS LIKE
THAT BUT, IT MEANS THE REST OF
US HAVE TO ASK REAL QUESTIONS
ABOUT IT.
YOU SEEM TO BE SUGGESTING THE
STANDARDS OUGHT TO BE DIFFERENT,
THAT WE SHOULD GIVE HER THE
PRESUMPTION OF HONESTY AND
THAT'S NOT HOW OUR JUSTICE
SYSTEM WORKS.
IS IT?
>> I THINK IT'S IMPORTANT FOR
YOU AND YOUR VIEWERS TO KNOW THE
CONTEXT OF IT, WHICH IS THAT
THERE ARE NO MORE INSTANCES OF
FALSE ACCUSATION AROUND AND RAPE
AND SIMILAR CRIMES AS THERE IS
FOR ANY OTHER CRIME.
>> Tucker: HOLD ON, I'M NOT
SAYING OTHERWISE.
I'M SAYING THERE IS A MUCH
HIGHER INCIDENCE OF FALSE MEMORY
AND RECOVERED MEMORY CASES THAN
IN CONVENTIONAL CASES.
THAT'S TRUE AND IT'S BEEN LOOKED
AT EXTENSIVELY BY SOCIAL
SCIENTISTS, AND THERE'S NOT MUCH
DEBATE ABOUT THAT.
IT DOESN'T MEAN THAT'S FALSE,
BUT IF JUSTICE IS YOUR GOAL THEN
YOU HAVE TO ASK HARD QUESTIONS.
BUT AGAIN, I DON'T UNDERSTAND,
HAVE WE CHANGED STANDARDS OR
HAVEN'T WE?
>> AGAIN, NO ONE SAID THAT
EXACTLY.
>> WILL HERE IS RICHARD
BLUMENTHAL SAYING THE ONUS IS ON
HIM TO PROVE HIS INNOCENCE.
IT IS NOT HOW IT WORKS?
I THOUGHT THAT WAS THE OPPOSITE
OF HOW IT WORKS.
>> HE SAID IT ABSOLUTELY DIDN'T
HAPPEN, FABRICATION.
BUT IT IS SOMETHING THAT HE IS
ASKING FOR A VERY LARGE
PROMOTION TO THE SUPREME COURT
OF THE UNITED STATES SO YOU WANT
SOMEONE THAT HAS IMPECCABLE
CHARACTER WHOSE MOTIVE CAN
ABSOLUTELY NOT BE QUESTIONED AND
HE IS GIVEN US NOTHING BUT
DOUBT.
>> SO THESE ARE LAWMAKERS, THE
MOST POWERFUL PEOPLE IN OUR
SOCIETY AND THEY DETERMINE WHAT
OUR LAWS ARE BY DEFINITION.
THEY ARE SAYING ACCUSED HAS AN
OBLIGATION AND RESPONSIBILITY TO
COME FORWARD WITH EVIDENCE TO
REBUT THE CLAIMS.
THAT IS PRECISELY THE OPPOSITE
OF ENGLISH, COMMON-LAW, AND NO
ONE HAS EVER SAID THAT.
>> WHAT I THINK SHOULD HAPPEN,
WHAT DR. FORD AND RAMIREZ SAID
SHOULD HAPPEN IS THAT THERE
SHOULD BE AN FBI INVESTIGATION.
>> HE'S SAYING JUDGE KAVANAUGH
SHOULD COME FORWARD TO RESPOND
OR REBUT TO THE CHARGES.
>> I THINK IF WE ARE GOING TO
HAVE THIS CONVERSATION ABOUT
WHETHER OR NOT THESE THINGS
HAPPEN AND HE DOESN'T WANT AN
FBI INVESTIGATION WHICH BY THE
WAY, HE DOES NOT, THEN -- >> HE
ACCUSES YOU OF SOMETHING WITH NO
PHYSICAL EVIDENCE OR
EYEWITNESSES, AND IT'S A
SEX CRIME THAT WOULD DESTROY
YOUR REPUTATION AND IN YOUR
FAMILY.
YOU NOW HAVE A MORAL OBLIGATION
OR RESPONSIBILITY AS A SENATOR
FROM CONNECTICUT SAYS, TO READ
ABOUT THAT.
>> YOU HAVE AN OBLIGATION TO
DEFEND YOURSELF.
THE REPUBLICAN PARTY HAS
SAID, -- >> SO YOU WANT -- IF
YOU CAN'T FIND EVIDENCE TO
DISPROVE THE CHARGE, WHICH HAS
NO EVIDENCE TO SUPPORT IT IN THE
FIRST PLACE, THEN YOU ARE
PRESUMED GUILTY.
>> IS ANYONE SAYING HE'S GOING
TO GO TO JAIL?
NO.
HE'S SAYING HE'S GOING TO BE A
SUPREME COURT JUSTICE.
>> MULTIPLE WITNESSES SAY YOU
DIDN'T AND NOW WE ARE SAYING
THAT THIS GUY HAS TO PROVE HE IS
INNOCENT.
YOU REALLY WANT TO LIVE IN THAT
COUNTRY?
HONESTLY, SINCERE QUESTION.
>> SINCE THEY, ANSWERED,
WITCHES, I THINK RIGHT NOW
THERE'S A VERY DISPROPORTIONATE
SENSE OF JUSTICE FOR WOMEN WHO
HAVE COME FORWARD WITH THESE
CRIMES.
RIGHT NOW WE TEND NOT TO A
BELIEVE THEM AND SOMETIMES IF