The Top 6 Reasons Outside Prosecutor Would Not Bring Ford’s Kavanaugh Case to Trial | NTK Network The Top 6 Reasons Outside Prosecutor Would Not Bring Ford’s Kavanaugh Case to Trial

The Top 6 Reasons Outside Prosecutor Would Not Bring Ford’s Kavanaugh Case to Trial

The woman hired by Republicans to question Christine Blasey Ford released a memo outlining her thoughts on what she heard on Thursday.

By NTK Staff | 10.01.2018 @9:30am
The Top 6 Reasons Outside Prosecutor Would Not Bring Ford’s Kavanaugh Case to Trial

Arizona prosecutor Rachel Mitchell had a front-row seat to one of the most-watched political events of the past decade last week. Republicans brought in Mitchell to question Christine Blasey Ford, the woman who accused Supreme Court nominee Judge Brett Kavanaugh of sexual assault in the 1980s, because of her background and experience with sexual assault victims.

After questioning Ford last week, Mitchell wrote a five-page memo outlining her legal opinion on what she heard. Mitchell summarized her legal opinion in one paragraph:

A “he said, she said” case is incredibly difficult to prove. But this case is even weaker than that. Dr. Ford identified other witnesses to the event, and those witnesses either refuter her allegations or failed to corroborate them. For the reasons discussed below, I do not think that a reasonable prosecutor would bring this case based on the evidence before the Committee. Nor do I believe that this evidence is sufficient to satisfy the preponderance-of-the-evidence standard.

The reasons Mitchell outlined in her memo include:

1. Dr. Ford has not offered a consistent account of when the alleged assault happened.

For this, Mitchell points to references made in letters to Sen. Dianne Feinstein (D-CA), text messages sent to the Washington Post, and various reporting. Some state the event happened in the “mid 1980s,” while others say the “early 80s.” Similarly, Ford told her therapist it happened in her “late teens,” but she told the Washington Post it happened when she was 15.

2. Dr. Ford has struggled to identify Judge Kavanaugh as the assailant by name.

No name was given in Ford’s 2012 or 2013 therapy session notes, though her husband claims she used his name in 2012. Mitchell notes that while it took 30 years for Ford to name her assailant, “[d]elayed disclosure of abuse is common so this is not dispositive.”

3. Ford changed her description of the incident to become less specific when speaking with her husband.

For this, Mitchell notes that Ford used the phrase “sexual assault” when testifying about how she told her husband of the event in question. But the Washington Post reported that Ford told her husband she was the victim of “physical abuse” when speaking to her husband. Ford says she was referring to the same incident both times.

4. Dr. Ford has no memory of key details of the night in question – details that could help corroborate her account.

Ford does not remember who invited her to the party, how she heard about it, how she got there, which house the assault allegedly took place in, or how she got home. “Her inability to remember this detail raises significant questions,” Mitchell notes regarding Ford not remembering how she got home.

5. Dr. Ford’s account of the alleged assault has not been corroborated by anyone she identified as having attended – including her lifelong friend.

Ford named three people who attended the party and all three submitted statements to the Senate Judiciary Committee “denying any memory of the party whatsoever.” One of Ford’s lifelong friends, Leland Keyser, said in one statement she did not know Kavanaugh and in a subsequent statement that she had “no recollection of the incident in question.”

6. The activities of congressional Democrats and Dr. Ford’s attorneys likely affected Dr. Ford’s account.

Here, Mitchell provides a detailed timeline of events, which notes key dates and instances of Ford speaking with Feinstein and Rep. Anna Eshoo (D-CA). Ford sent letters to both Democrats and later retained lawyers at the suggestion of these Democrats.

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