Back on Saturday, April 22, 2006, Lithwick wrote:

It’s easy to have doubts about the ability of the courts to resolve cases like this one when you stop to consider that long after the court proceedings, hearings, and investigations ended, we still have no idea what really happened between Kobe Bryant and his accuser, between Michael Jackson and his accuser, between Clarence Thomas and Anita Hill. If these legal processes are intended to be searches for the truth, why is there never any truth at the conclusion?

Then she started in on the Duke five:

But that’s where the Duke case truly differs from the Kobe Bryant case. This is not a case about consent. Either a forcible rape, kidnapping, and strangulation happened in that bathroom in Durham or it didn’t. This wasn’t a date gone wrong. At the margins, this case may be about sex and race and power. But it’s not about subtle social messages or identity-based misunderstandings. It’s about an assault.

Also, there is evidence here: Mounds and mounds of significant physical evidence. There is a rape kit. There are bruises, and then, apparently, more bruises. There are DNA tests and broken fingernails and witnesses seemingly tumbling out of the woodwork. There are time-stamped photographic accounts of much of the evening. This is not a classic “he says/she says.” The evidence has something to say to us as well.

(my bold) Unlike Bryant, Lithwick has the Duke 5 guilty from the get go. Based on what? Nifong’s lies and the accusers lies. I wondered what Lithwick would say, now that we know a low-life stripper with emotional problems, and a lower-life elected D.A., went public with lies. A little googling reveals all, as in, it is all Bush’s fault:

Today represents one of those serendipitous moments in which two scandals merge. Where the denouement of one national outrage—the Duke rape fiasco—reveals something incredibly important about another one—the U.S. attorney purge. Both cases highlight the stunning power of prosecutors and the need for those prosecutors to be as independent and honest as possible.

If this afternoon’s statement by North Carolina Attorney General Roy Cooper—announcing that all charges had been dropped against the three former lacrosse players—clarified anything, it was that the catalyst for all of the harm in the Duke case was Durham County District Attorney Mike Nifong, whose “tragic rush to accuse and failure to verify serious allegations” has ruined lives, probably irreparably. Cooper didn’t mince words today. “Rogue prosecutor” can’t really be parsed in a gentle way.

That’s a thought worth holding onto as we reflect on the U.S. attorney purge that’s taken over the front pages of our newspapers.

Huh? Nifong was elected, and perverted justice to get re-elected. The US attorneys, that got fired, served at the President’s pleasure. Huge difference, but one beyond Lithwick’s comprehension. The fact that inept Gonzales bungled yet again is beside the point. Lithwick had the Duke 5 more guilty than Kobe Bryant. When it became obvious that Nifong was pursuing a case against innocent athletes for political gain, she tries to blame Bush.

This Lithwick person gets paid to write? If that’s the case, Chimpanzees should get paid when they paint.

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