Title : "'Morning Joe' co-host Mika Brzezinski upset women who accused Mark Halperin of sexual harassment..."
link : "'Morning Joe' co-host Mika Brzezinski upset women who accused Mark Halperin of sexual harassment..."
"'Morning Joe' co-host Mika Brzezinski upset women who accused Mark Halperin of sexual harassment..."
"... when she reported on air Friday that she had tried to arrange a meeting so the now-disgraced political analyst could apologize," Fox News reports.Brzezinski said Halperin, who was fired in October after being accused of sexual misconduct by multiple women, was "more than willing to meet with his accusers and apologize with them face-to-face." The MSNBC star said she “actually tried to offer him to them” but the women “don't want to talk to him.”Brzezinski was promoting what in a criminal case is a right of the accused: the right to confront the witnesses against you. It tends to be an ordeal for the accuser, and it's certainly not a ritual of healing. Victims of sexual assault have sought protection from that ordeal, such as by using one-way closed circuit television. See Maryland v. Craig, a case with a famous Scalia dissent:
[A] letter [from] 10 of Halperin’s accusers... states that Brzezinski was “inappropriate” for suggesting such a meeting and that she has a conflict of interest because of her “personal friendship” with Halperin.... “Sexual harassment and assault is illegal in the workplace, and represents a violation of the policies and standards of NBC News," the letter said. "It is an unethical and harmful request to ask that sexual assault victims confront their accusers in person and, in particular, on live TV.”...
Brzezinski issued a statement late Friday... "In the case of Mark... I realize that it is not my place.... As a victim of sexual assault, I understand that each individual's case is different. This is up to the victims, some of whom I've been in contact with.... ”
The Court makes the impossible plausible by recharacterizing the Confrontation Clause, so that confrontation (redesignated "face-to-face confrontation") becomes only one of many "elements of confrontation." The reasoning is as follows: The Confrontation Clause guarantees not only what it explicitly provides for -- "face-to-face" confrontation -- but also implied and collateral rights such as cross-examination, oath, and observation of demeanor (TRUE); the purpose of this entire cluster of rights is to ensure the reliability of evidence (TRUE); the Maryland procedure preserves the implied and collateral rights (TRUE), which adequately ensure the reliability of evidence (perhaps TRUE); therefore the Confrontation Clause is not violated by denying what it explicitly provides for -- "face-to-face" confrontation (unquestionably FALSE). This reasoning abstracts from the right to its purposes, and then eliminates the right.
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