When we worry that due process is dead, whose due process are we talking about?

On Friday, the New York Times published an op-ed by the writer Daphne Merkin mourning the death of due process as a result of the post-Weinstein reckoning.

“The fact that such unwelcome advances persist, and often in the office, is, yes, evidence of sexism and the abusive power of the patriarchy,” she wrote. “But I don’t believe that scattershot, life-destroying denunciations are the way to upend it. In our current climate, to be accused is to be convicted. Due process is nowhere to be found.”

That’s an interesting statement, given almost none of the powerful men accused of sexual violence over the course of the past year have been charged with a crime, let alone convicted.

Bill Cosby, who faced credible accusations of sexual harassment and rape from more than 50 women, was not convicted after a trial for sexual assault. The late Roger Ailes, who faced credible accusations of sexual assault and harassment from more than 20 women, was never charged with anything, although the FBI is reportedly probing Fox News to determine whether the network should have informed shareholders about the settlements made in Ailes’s harassment lawsuits.

The NYPD has announced vague plans to arrest Harvey Weinstein at some point, but has not done so. Neither Kevin Spacey nor Matt Lauer, who Merkin describes as the truly “heinous sorts,” have faced any legal charges for sexual harassment, assault, or rape.

And as for Garrison Keillor, Jonathan Schwartz, Ryan Lizza, and Al Franken, four accused men who Merkin holds up as a different kind of alleged predator: None of them have been charged with anything either. They may have been accused, but criminal charges, to say Read More Here