>> SO PRESIDENT TRUMP WILL STAND BY YOU THROUGHOUT? >> I KNOW HE WILL STAND BY ME, HE CALLED ME THIS AFTERNOON AND SAID HE STANDING BY ME. >> Tucker: WE ARE STILL COVERING THE BATTLE OVER JUDGE KAVANAUGH'S NOMINATION TO THE SUPREME COURT AND ITS EXPOSING FAULT LINES AND IDEAS THAT SOME OF US ARE NOT FAMILIAR WITH. CHRISTINE SETSER IS PRESIDENT OF NEW HEIGHTS COMMUNICATIONS. MAISIE HARGROVE NO SAID SOMETHING REMARKABLE. SHE IS A SITTING U.S. SENATOR OF COURSE, AND SHE SAID THAT MEN, ALL MEN ARE IMPLICATED IN SEXUAL ASSAULT AND WOMEN, ALL WOMEN MUST BE BELIEVED BECAUSE THEY ARE WOMEN. THAT SEEMS LIKE AN IDEA THAT WOULD CUT AGAINST THE WESTERN UNDERSTANDING OF JUSTICE. >> I'M NOT SURE THAT'S EXACTLY WHAT SHE SAID BUT I DO KNOW THAT THERE IS SOMETHING PARTICULAR ABOUT CRIMES OF SEXUAL ASSAULT AND ACCUSATIONS OF SEXUAL ASSAULT, AND THAT IS, IT'S THE ONE CRIME THAT AT LEAST I CAN THINK OF IN WHICH THE PRESUMPTION OR BURDEN OF PROOF IS ON THE WOMAN TO SAY SHE REALLY IS A VICTIM. LAST YEAR I HAD MY COURSE, CAR STOLEN. WHEN I REPORTED IT, IT WAS NOT ASKED WHAT DID YOU DO WRONG TO ALLOW YOUR CAR BE STOLEN. >> Tucker: IT BUT YOU WERE ASKED QUESTIONS LIKE, DID YOU LEAVE THE KEYS IN THE CAR, OF COURSE YOU ARE. SEXUAL ASSAULT IS A MORE DELICATE ISSUE FOR OBVIOUS REASONS, BUT DO YOU THINK THAT OUR SNEERS OF JUSTICE HAVE CHANGED? IN OTHER WORDS, IS THE BURDEN OF PROOF LOWER? DO YOU BELIEVE IN THE IDEA THAT A PERSON IS INNOCENT UNTIL PROVEN GUILTY? WE SEE LAWMAKERS CHALLENGING THAT IDEA. >> I DO BUT THERE ARE CASES OF SEXUAL ASSAULT AND RATE THAT, FOR ONE THING THE VAST MAJORITY OF WOMEN NEVER COME FORWARD AND THERE'S LOTS OF REASONS FOR THAT. ONE IS ABOUT HOW DIFFICULT IT WOULD GET TO GET TO TRIAL OR GET TO A CONVICTION. ANOTHER REASON IS ALL THE ISSUES AROUND SHAME, AND THE FINAL REASON IS SOME OF THE THINGS THAT ARE PLAYING OUT WITH KAVANAUGH WHICH IS PARTICULAR ISSUES AROUND MEMORY. WHEN WE ARE TALKING ABOUT TRAUMATIC EVENTS. >> SO THIS IS A RECOVERED MEMORY THAT WE NOW KNOW CAME OUT AND PSYCHOTHERAPY, DOESN'T MEAN IT'S FALSE AND DOESN'T MEAN THERE ARE A LOT OF INSTANCES WHERE RECOVERED MEMORY IS FALSE. AND I'M NOT SAYING THIS IS LIKE THAT BUT, IT MEANS THE REST OF US HAVE TO ASK REAL QUESTIONS ABOUT IT. YOU SEEM TO BE SUGGESTING THE STANDARDS OUGHT TO BE DIFFERENT, THAT WE SHOULD GIVE HER THE PRESUMPTION OF HONESTY AND THAT'S NOT HOW OUR JUSTICE SYSTEM WORKS. IS IT? >> I THINK IT'S IMPORTANT FOR YOU AND YOUR VIEWERS TO KNOW THE CONTEXT OF IT, WHICH IS THAT THERE ARE NO MORE INSTANCES OF FALSE ACCUSATION AROUND AND RAPE AND SIMILAR CRIMES AS THERE IS FOR ANY OTHER CRIME. >> Tucker: HOLD ON, I'M NOT SAYING OTHERWISE. I'M SAYING THERE IS A MUCH HIGHER INCIDENCE OF FALSE MEMORY AND RECOVERED MEMORY CASES THAN IN CONVENTIONAL CASES. THAT'S TRUE AND IT'S BEEN LOOKED AT EXTENSIVELY BY SOCIAL SCIENTISTS, AND THERE'S NOT MUCH DEBATE ABOUT THAT. IT DOESN'T MEAN THAT'S FALSE, BUT IF JUSTICE IS YOUR GOAL THEN YOU HAVE TO ASK HARD QUESTIONS. BUT AGAIN, I DON'T UNDERSTAND, HAVE WE CHANGED STANDARDS OR HAVEN'T WE? >> AGAIN, NO ONE SAID THAT EXACTLY. >> WILL HERE IS RICHARD BLUMENTHAL SAYING THE ONUS IS ON HIM TO PROVE HIS INNOCENCE. IT IS NOT HOW IT WORKS? I THOUGHT THAT WAS THE OPPOSITE OF HOW IT WORKS. >> HE SAID IT ABSOLUTELY DIDN'T HAPPEN, FABRICATION. BUT IT IS SOMETHING THAT HE IS ASKING FOR A VERY LARGE PROMOTION TO THE SUPREME COURT OF THE UNITED STATES SO YOU WANT SOMEONE THAT HAS IMPECCABLE CHARACTER WHOSE MOTIVE CAN ABSOLUTELY NOT BE QUESTIONED AND HE IS GIVEN US NOTHING BUT DOUBT. >> SO THESE ARE LAWMAKERS, THE MOST POWERFUL PEOPLE IN OUR SOCIETY AND THEY DETERMINE WHAT OUR LAWS ARE BY DEFINITION. THEY ARE SAYING ACCUSED HAS AN OBLIGATION AND RESPONSIBILITY TO COME FORWARD WITH EVIDENCE TO REBUT THE CLAIMS. THAT IS PRECISELY THE OPPOSITE OF ENGLISH, COMMON-LAW, AND NO ONE HAS EVER SAID THAT. >> WHAT I THINK SHOULD HAPPEN, WHAT DR. FORD AND RAMIREZ SAID SHOULD HAPPEN IS THAT THERE SHOULD BE AN FBI INVESTIGATION. >> HE'S SAYING JUDGE KAVANAUGH SHOULD COME FORWARD TO RESPOND OR REBUT TO THE CHARGES. >> I THINK IF WE ARE GOING TO HAVE THIS CONVERSATION ABOUT WHETHER OR NOT THESE THINGS HAPPEN AND HE DOESN'T WANT AN FBI INVESTIGATION WHICH BY THE WAY, HE DOES NOT, THEN -- >> HE ACCUSES YOU OF SOMETHING WITH NO PHYSICAL EVIDENCE OR EYEWITNESSES, AND IT'S A SEX CRIME THAT WOULD DESTROY YOUR REPUTATION AND IN YOUR FAMILY. YOU NOW HAVE A MORAL OBLIGATION OR RESPONSIBILITY AS A SENATOR FROM CONNECTICUT SAYS, TO READ ABOUT THAT. >> YOU HAVE AN OBLIGATION TO DEFEND YOURSELF. THE REPUBLICAN PARTY HAS SAID, -- >> SO YOU WANT -- IF YOU CAN'T FIND EVIDENCE TO DISPROVE THE CHARGE, WHICH HAS NO EVIDENCE TO SUPPORT IT IN THE FIRST PLACE, THEN YOU ARE PRESUMED GUILTY. >> IS ANYONE SAYING HE'S GOING TO GO TO JAIL? NO. HE'S SAYING HE'S GOING TO BE A SUPREME COURT JUSTICE. >> MULTIPLE WITNESSES SAY YOU DIDN'T AND NOW WE ARE SAYING THAT THIS GUY HAS TO PROVE HE IS INNOCENT. YOU REALLY WANT TO LIVE IN THAT COUNTRY? HONESTLY, SINCERE QUESTION. >> SINCE THEY, ANSWERED, WITCHES, I THINK RIGHT NOW THERE'S A VERY DISPROPORTIONATE SENSE OF JUSTICE FOR WOMEN WHO HAVE COME FORWARD WITH THESE CRIMES. RIGHT NOW WE TEND NOT TO A BELIEVE THEM AND SOMETIMES IF
