Last year, when Lindsey Boylan’s allegations went public, I wrote a column asking if Cuomo would presume himself guilty, absent a polygraph. Now, after Boylan added details of Cuomo’s alleged kissing and propositioning her, many are struggling with his (and their) prior positions against due process. While CNN, MSNBC and other networks blacked-out the story or barely covered it, others — including many on the right — have declared Cuomo to be guilty and dangerous.
Cuomo deserves due process, despite loudly denying it for others. Simply because Boylan made the allegations is not proof of guilt. Both sides have a right to be heard — not a right to be believed solely on their word. Due process allows us to determine who is a victim — not, as AOC suggested, to vindicate one party as the declared victim.
The Biden administration, however, is expected to build on President Obama’s anti-due process policies. During the Obama administration, universities were pressured, on threat of losing federal funding, to strip students of due process protections in cases of alleged sexual assault or harassment. Schools like Harvard initially resisted in court but quickly caved. On many campuses today, due process is often dismissed as a virtual claim of privilege or a tactic to delay racial justice.