A Second Call To Action – URGENT

February 20, 2023

We Need Your Action and Voices!

TO: Advocates for Sexual Assault Survivors and Children

RE: FOLLOWING THE 2/15 SENATE HEARING, PLEASE SHOW YOUR SUPPORT FOR SURVIVORS OF SEXUAL ASSAULT AND THEIR RIGHT TO PRIVACY. HAVE YOUR VOICE COUNTED IN THE JUDICIAL COMMITTEE RECORD BY ASKING THEM TO VOTE “NO” TO MICHAEL DELANEY’S NOMINATION.

February 20, 2023

Dear Advocate,

This week, survivors of sexual violence experienced rare public support from Senators for survivors’ rights to privacy. The volume of emails and calls in opposition to Michael Delaney’s nomination to a federal judgeship prior to the Senate Judiciary Committee hearing were noted by Chairman Durbin. Thank you! Significant press coverage regarding this problematic judicial nomination has also followed, with hopefully more to come.

We have been told we must keep up the momentum, and sadly, politics are at play. However, we must stand together to show the Senate that the rights of women and all sexual assault survivors are not political – but ethical!

Nearly half the Senate Judiciary Committee was absent, silent or inexplicably supportive of this nominee, and because opposition was voiced from Republican Senators at the hearing, Democrats seem to be digging in their heels politically and making this partisan. The irony is astounding.

What’s the Bottom Line? Michael Delaney is not worthy of this Administration’s support, nor of Democratic Senators’ support, including his sponsors, who head the first entirely female Coalition from a state to Congress.

This begs the questions:

Why has Senator Shaheen, a long time advocate for survivors, suddenly dropped her standards? If confirmed, Michael Delaney, who filed a motion to strip a minor sexual assault survivor of her anonymity, would serve on the First Circuit and could see appeals related to New England prep school sexual assault cases.
Why has Senator Hassan put forth a nominee who attempted to silence a minor victim of sexual assault on behalf of St. Paul’s School, an elite New Hampshire boarding school? Note, her husband was the Head of School at Exeter, another elite New Hampshire prep school, and resigned in a cloud of scandal during a period of sexual abuse and cover up. Exeter teachers were sentenced as recently as this month for perpetrating crimes against students.
What calculus have Senators Hassan and Shaheen made to put forth this less than stellar nominee? What do they gain – and why do they not care what victims of sexual violence lose?
Why are the pressure points happening on the heels of survivors and advocates who have long supported these Senators? At the very least, we have to make our voices heard.

The Senate need to be reminded we are all watching, will not be silenced, and that there are far better candidates to fulfill this important position of First Circuit Federal Court of Appeals.

If Delaney is confirmed as a United States First Circuit Court Judge, the signal being sent to sexual assault survivors is clear: your voices and rights to privacy don’t matter when it comes to politics. If confirmed, Michael Delaney’s appointment to this important position will send a chilling message to survivors of sexual assault and advocates. “A Problematic Nominee” by Yvonne Abraham can be accessed in our newsroom: “A problematic nominee”- I Have The Right To.

To recap, in Delaney’s representation of St. Paul’s School and his related testimony:

Delaney breached widespread accepted legal and ethical practices in courtrooms across the US by challenging the anonymity of a 16-year-old sexual assault survivor and minor in his legal filing. https://ihavetherightto.org/wp-content/uploads/2023/02/321249034-St-Paul-s-School-Partial-Objection-to-Motion-for-Leave-to-Proceed-Under-Pseudonyms-2.pd
The motion served no substantive legal purpose, just an intimidation tactic to silence her. Delaney was aware of threats being made to Jane Doe online. (“Claiming the right to her own name, “ 8/31/16, The Boston Globe).
During the Senate hearing, Delaney equivocated and worse: he said he had a limited role in the criminal trial. However, he hired a former colleague (Sandra Matheson) to be the school “witness coordinator” to represent the male “slaymaker” students and was a frequent presence in the courthouse during the two-week criminal trial.
Delaney stumbled over himself at the Senate Hearing. During questioning about possible witness tampering, he was asked about meeting with St. Paul’s student witnesses before testifying at the criminal trial, and if he told them what to say. His immediate answer was (41:56 of this video https://www.youtube.com/live/sLR3jsb7dIg?feature=share) “What I advised them….” before pausing and pivoting. He later said “I did not meet with the students.” There is an affidavit stating Mr. Delaney was seen meeting with the students. This raises a question about his statement which now needs clarifying. Was he lying to the Committee about meeting the boys and his “witness coordinator” at the courthouse?
Delaney was not well prepared to answer questions about the school motion to object to the use of pseudonyms. He did not provide clear answers because there was no clear legal basis or standing for their motion. According to Delaney’s motion, the school was the victim of a national media campaign. This is a standard DARVO tactic (Deny, Attack, Reverse Victim and Offender – Jennifer Freyd, PhD).

Delaney used Chessy’s identity as a weapon against her. According to Delaney, his client would acquiesce to anonymity, but it was not theirs to grant. It was the accepted legal norm across the country. To put it simply, Delaney wanted a gag order in place, and unless the victim agreed to terms favorable to his client, they would demand the stripping of the minor’s identity at trial. This was a threat, plain and simple. Delaney turned a teenage victim’s privacy into a hostage to help a prep school to avoid accountability.

Survivors and children bear the impact of our inaction and silence. By speaking out today against this nomination and the practice of “naming and shaming” sexual assault survivors, especially minors or those who do not wish to be named, we can help create an ecosystem of justice and healing for victims of sexual violence.

We ask you to take action. Please take the following steps to make your voice heard:

● If your Senator is a member of the Senate Judiciary Committee, contact your Senator by phone and use the language below (see list of members and contact information below)
● If your Senator is not a member of the Senate Judiciary Committee, copy and paste the language below and send an email the Committee at this address: info@judiciary-dem.senate.gov
● Use this language:

“My name is ____________, and I’m calling/writing to oppose President Biden’s nomination of Michael A. Delany to the US Court of Appeals in Boston. I am asking that Senator ___________ vote ‘NO’ to his nomination. Michael Delaney is not ethically qualified to sit on the bench. In his representation of St. Paul’s School in Concord, NH, according to legal experts and victim’s rights advocates, he breached widespread legal and ethical practices. He challenged the anonymity of a 15-year-old sexual assault survivor and minor under the law, Chessy Prout, in a legal filing. If confirmed, his Judgeship will send a chilling message to survivors of sexual assault and advocates and be another “win” for silencing survivors and preserving rape culture. We need our public officials to protect all citizens and help those who have been silenced and underserved for too long – survivors of sexual violence.”

You can take these additional steps to support survivors and students:

● Share this document with your friends and colleagues
● Sign the I Have The Right To Pledge today Sign The Pledge – I Have The Right To
● Follow I Have The Right To on LinkedIn, Instagram, Facebook and Twitter

Senate Judiciary Committee
Chair: Senator Dick Durbin, D-IL, (202) 224-2152
Ranking Member: Senator Lindsey Graham, R-SC, (202) 224-5972
Senator Maggie Hasson, D-NH, (202) 224-3324
Senator Jeanne Shaheen, D-NH, (202) 224-2841
Senator Jon Ossoff, D-GA, (202) 224-3521
Senator Dianne Feinstein, D-CA, (202) 224-3841
Senator Peter Welch, D-VT, (202) 224-4242
Senator Sheldon Whitehouse, D-RI, (202) 224-2921
Senator Amy Klobuchar, D-MN, (202) 224-3244
Senator Chris Coons, D-DE, (202) 224-5042
Senator Richard Blumenthal, D-CT, (202) 224-2823
Senator Mazie Hirono, D-HI, (202) 224-6361
Senator Cory Booker, D-NJ, (202) 224-3224
Senator Alex Padilla, D-CA, (202) 224-3553
Senator John Cornyn, R-TX, (202) 224-2934
Senator Mike Lee, R-UT, (202) 224-5444
Senator Ted Cruz, R-TX, (202) 224-5922
Senator Josh Hawley, R-MO, (202) 224-6154
Senator Tom Cotton, R-AR, (202) 224-2353
Senator John Kennedy, R-LA, (202) 224-4623
Senator Thom Tillis, R-NC, (202) 224-6342
Senator Marsha Blackburn, R-TN, (202) 224-3344

I Have The Right To Overview
I Have The Right To is a registered 501 (c)(3) nonprofit. The organization holds the 2022 Platinum Seal of Transparency from Candid/Guidestar. I Have The Right To is the hub for middle and high school students, parents, and educators looking for information, support, and avenues of action against sexual assault. Our mission is to create an ecosystem of respect and support for students and survivors of sexual assault.

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