Attacking due process on campus might be Joe Biden's most glaring hypocrisy

The hypocrisy of Joe Biden's 2020 platform is sometimes even more infuriating than its substance. 

He's chosen to run as an anti-police, empty-the-jails "social justice" warrior despite boasting for decades about how he wanted to "lock the SOBs up" and how he's been integral to "every major crime bill since 1976."  He's also running as a "Made in America" nationalist despite having led the charge to flood America with cheap Chinese goods and admit the People's Republic into the World Trade Organization.

There are numerous other examples, but none is so galling as Biden promising to deny college students accused of sexual misconduct even the most basic due process rights.  The kangaroo courts that he wants to mandate by law on college campuses would already have heard enough from his own sexual assault accuser, former staffer Tara Reade, to destroy his life.  It's a good thing for Joe Biden that he's a 77-year-old politician — and therefore entitled to face his accusers and question their credibility — instead of a 19-year-old college student.

Earlier this year, Biden promised a "quick end" to a Title IX rule implemented by education secretary Betsy DeVos, claiming that it "gives colleges a green light to ignore sexual violence and strip survivors of their rights."  In reality, it does no such thing.  It does not provide college students accused of sexual harassment anywhere near the rights guaranteed to criminal defendants in the U.S. Constitution.  It does not require alleged victims to come face-to-face with the people they accuse.  It didn't even reach the standard that Democrats demanded for Biden when he himself was accused of sexual assault.  It merely requires schools to set consistent standards, inform the accused of the evidence against them, and allow the accused to cross-examine the witnesses — through a third party if necessary — who are providing evidence against them.

In fact, the only reason Secretary DeVos had to issue those regulations affirming the barest minimum standard of due process rights — rights that still fall well short of what would be required in any criminal proceeding — is that the Obama-Biden administration wrote a letter in 2011 threatening colleges and universities with a total withdrawal of federal funding unless they deprived the accused of virtually all rights in sexual assault and harassment complaints.

Contrary to the pablum the Biden campaign has served up to appease campus feminists, Secretary DeVos was hardly the only person to notice that the Obama-Biden threat letter was outrageous and likely unconstitutional.  Almost as soon as it went into effect, young men who had their reputations and academic careers destroyed in proceedings that wouldn't pass muster in traffic court started to sue.

In case after case, the federal courts tore so deeply into the policies the Obama-Biden administration demanded of colleges that they almost certainly could never be implemented legally in any public university, let alone serve as a prerequisite for funding by the Department of Education.  In fact, one of the many decisions specifically citing the 2011 letter as possible evidence of unlawful discrimination was penned for a unanimous, all-woman panel by Judge Amy Coney Barrett, President Trump's latest nominee to serve on the Supreme Court.

Joe Biden himself should be glad about that.  While he's no longer in college, he should be eager to see a woman on the Supreme Court who understands that, in America, everyone is entitled to know who is accusing him of what and to confront the evidence against him.  Despite his intense need to pander to those who believe that a mere accusation should be enough to kick men out of colleges, take their scholarships, and make them unemployable, Joe Biden deserves the same due process as the rest of us.

Jenna Ellis (@JennaEllisEsq) is a constitutional lawattorney and the senior legal adviser for the Trump 2020 campaign.  She is the author of The Legal Basis for a Moral Constitution.

Image: Kelly Kline via Flickr.

The hypocrisy of Joe Biden's 2020 platform is sometimes even more infuriating than its substance. 

He's chosen to run as an anti-police, empty-the-jails "social justice" warrior despite boasting for decades about how he wanted to "lock the SOBs up" and how he's been integral to "every major crime bill since 1976."  He's also running as a "Made in America" nationalist despite having led the charge to flood America with cheap Chinese goods and admit the People's Republic into the World Trade Organization.

There are numerous other examples, but none is so galling as Biden promising to deny college students accused of sexual misconduct even the most basic due process rights.  The kangaroo courts that he wants to mandate by law on college campuses would already have heard enough from his own sexual assault accuser, former staffer Tara Reade, to destroy his life.  It's a good thing for Joe Biden that he's a 77-year-old politician — and therefore entitled to face his accusers and question their credibility — instead of a 19-year-old college student.

Earlier this year, Biden promised a "quick end" to a Title IX rule implemented by education secretary Betsy DeVos, claiming that it "gives colleges a green light to ignore sexual violence and strip survivors of their rights."  In reality, it does no such thing.  It does not provide college students accused of sexual harassment anywhere near the rights guaranteed to criminal defendants in the U.S. Constitution.  It does not require alleged victims to come face-to-face with the people they accuse.  It didn't even reach the standard that Democrats demanded for Biden when he himself was accused of sexual assault.  It merely requires schools to set consistent standards, inform the accused of the evidence against them, and allow the accused to cross-examine the witnesses — through a third party if necessary — who are providing evidence against them.

In fact, the only reason Secretary DeVos had to issue those regulations affirming the barest minimum standard of due process rights — rights that still fall well short of what would be required in any criminal proceeding — is that the Obama-Biden administration wrote a letter in 2011 threatening colleges and universities with a total withdrawal of federal funding unless they deprived the accused of virtually all rights in sexual assault and harassment complaints.

Contrary to the pablum the Biden campaign has served up to appease campus feminists, Secretary DeVos was hardly the only person to notice that the Obama-Biden threat letter was outrageous and likely unconstitutional.  Almost as soon as it went into effect, young men who had their reputations and academic careers destroyed in proceedings that wouldn't pass muster in traffic court started to sue.

In case after case, the federal courts tore so deeply into the policies the Obama-Biden administration demanded of colleges that they almost certainly could never be implemented legally in any public university, let alone serve as a prerequisite for funding by the Department of Education.  In fact, one of the many decisions specifically citing the 2011 letter as possible evidence of unlawful discrimination was penned for a unanimous, all-woman panel by Judge Amy Coney Barrett, President Trump's latest nominee to serve on the Supreme Court.

Joe Biden himself should be glad about that.  While he's no longer in college, he should be eager to see a woman on the Supreme Court who understands that, in America, everyone is entitled to know who is accusing him of what and to confront the evidence against him.  Despite his intense need to pander to those who believe that a mere accusation should be enough to kick men out of colleges, take their scholarships, and make them unemployable, Joe Biden deserves the same due process as the rest of us.

Jenna Ellis (@JennaEllisEsq) is a constitutional lawattorney and the senior legal adviser for the Trump 2020 campaign.  She is the author of The Legal Basis for a Moral Constitution.

Image: Kelly Kline via Flickr.