Good points. I do not think there is any way to prove Weiner is the person in that photo. The presumption of innocence only applies in a criminal case. This matter will be decided by the court of public opinion where the rules of evidence are different.

Weiner’s problem now seems to be that many people do not feel he is doing a good job explaining himself. I did not see this story until Monday night; I gather that Weiner started aggressively defending himself soon after the story broke. Maybe his early denials were too much, too soon. Sometimes, the best thing to do with a scandal is nothing at all. Sometimes the act of denial gives the story a higher profile.