What should we do with Al Franken?

Sybil Dunlop, BridgeTower Media Newswires

As of this writing, a second woman has accused Sen. Al Franken of harassment. Specifically, she alleges that he grabbed her rear end while her husband took a photo of them at the State Fair. This, of course, comes on the heels of Leeann Tweeden's allegations that Franken forcibly kissed her during a USO Tour (and, of course, the horrible picture showing Franken pretending to grope her breasts while she slept).

My colleagues in the legal profession are divided: Should he stay or should he go? It was the topic at happy hour. It was the topic at lunch. It was the topic during my weekly Facetime call with my parents. I'm torn.

I believe the women. Leeann Tweeden has photographic evidence that Franken behaved awfully. And her photo gives me the exact same heebie-jeebies that I experienced watching President Donald Trump and Billy Bush embrace actress Arianne Zucker after discussing her behind her back. In both cases, the joke was on the women, without their knowledge. Ugh. And I don't doubt that Lindsay Menz experienced an uncomfortable hug with Franken at the State Fair. (Although since Franken did not make a "David Coppafeel" joke, it's difficult to 100 percent confirm that the grab was intentional.)

I am also a feminist. I want to live in a society that does not permit sexual harassment of any kind. And I am hopeful that our recent bloodletting on this issue will change what is considered acceptable and will change what is considered "normal."

But I also know (and like) lots of men who have engaged in - what I would call - soft harassment. Jokes about women. A hug that lasts a bit too long. An off-color comment. My husband thinks Franken should resign, but I actually think that's because he doesn't realize how normal Franken's behavior seems to most women. I know lots of Frankens. And I generally like them. Except when I don't.

It is possible that my politics are clouding the issue, and this concerns me. I thought Roy Moore was unqualified to serve before we learned that he liked to prowl the mall to find young dates. And I, as you would expect, continue to feel similarly upon learning of his proclivities in this regard. I was never a Bill Clinton apologist, however, so I can perhaps use that as a measure of my independence?

But with Moore and Franken, I come back to the fact that there is range of evil behavior. And, in my mind, Roy Moore and Franken's actions sit at different spots on the range. If Franken's actions are "evil 3," Moore's seem more appropriately set at "evil 7." And the punishment should match the transgression.

So what to do?

As of today, I propose that we draw a line in the sand. Franken is entitled to qualified immunity for his past transgressions because our society - all of us - had not clearly established that his behavior was unacceptable. To our shame, we permitted much worse behavior to flourish (see, e.g., Bill Cosby and Harvey Weinstein). And Franken's comedy career included off-color jokes about women that we deemed acceptable in the 1990s and 2000s. We deemed them acceptable because we laughed, he profited, and we voted him into office.

But no more. This moment in time can clearly establish that such behavior will not be permitted going forward. Give your peers and colleagues handshakes, not hugs and kisses. If you wonder whether a joke is appropriate, it isn't. And let's ensure that our hands never stray below the mid-back in all photo opportunities.

Of course I remain furious with Franken for putting Minnesotans in the position of having to wrestle with his transgressions. I don't want to spend my weekend thinking about Franken's transgressions. He's the one who messed up, and we are all suffering as a result.

But Franken hasn't called me yet to ask whether he should resign. I don't expect he will (although I would certainly give him an earful). And in this regard, who cares whether I think he should resign or not? My concluding one way or the other will not write the outcome of this drama. But I am engaging in this exercise, not because it matters to the outcome, but for myself. It is important for me to confirm that my beliefs are driven by principle and not politics. It is important for me to think about the soft sexism of men that I admire and like. And, as awful as these conversations are, it is important for us all to keep talking about it.

Published: Fri, Dec 01, 2017