The Adjudication of Fairness

I’ve read a few commentaries which capture my thoughts on Sen. Franken, left-leaning popular opinion, and how Democrats dealt with him. Zephyr Teachout’s piece, I’m Not Convinced Franken Should Quit, is particularly well-stated:

Zero tolerance should go hand in hand with two other things: due process and proportionality. As citizens, we need a way to make sense of accusations that does not depend only on what we read or see in the news or on social media.

Due process means a fair, full investigation, with a chance for the accused to respond. And proportionality means that while all forms of inappropriate sexual behavior should be addressed, the response should be based on the nature of the transgressions.

Both were missing in the hasty call for Senator Franken’s resignation….

This isn’t just about Senator Franken. Other lawmakers have also been accused of harassment. We need a system to deal with that messy reality, and the current one of investigating those complaints is opaque, takes too long and has not worked to protect vulnerable women and men from harassment. And the current alternative — off with the head of the accused, regardless of the accusation — is too quick, too easily subject to political manipulation and too vulnerable to the passions of the moment….

As citizens, we should all be willing to stay ambivalent while the facts are gathered and we collect our thoughts. While the choice to fire the television hosts Charlie Rose and Matt Lauer were the choices of private companies, condemning a sitting lawmaker is a public choice and one our representatives should make judiciously.

Other pieces worth noting: