Kavanaugh/Ford prosecutor memo concludes: no reasonable prosecutor would bring charges in this case

Kavanaugh/Ford counsel memo concludes: no reasonable prosecutor would bring charges in this case

The State
[Vox News] Rachel Mitchell, the Arizona prosecutor Republicans brought in to question Palo Alto University professor Christine Blasey Ford and Supreme Court nominee Brett Kavanaugh last week, told senators in a memo Sunday that a “reasonable prosecutor” wouldn’t bring charges in the case.

VIDEO: [Fox News] Judge Jeanine Pirro, a 30-year legal champion for women and children rights, rips into Democrat’s treatment of Judge Brett Kavanaugh [Sep 30 2018]


Ford alleges that in the early 1980s Kavanaugh pinned her down, tried to take off her clothes, and covered her mouth as she screamed while they were both at a party in high school as his friend, Mark Judge, looked on. Kavanaugh has vehemently denied her claims, and now the FBI is investigating what happened.

Mitchell’s memo, however, isn’t based on the results of that still-pending investigation, but her own review of the evidence after she questioned Ford and Kavanaugh during a Senate Judiciary Committee hearing about the allegations last week. Republicans on the panel, who are all men and all white, brought her on as a “female assistant” to participate in the hearing.

Mitchell, a Republican, wrote in the five-page memo that she did not operate in the political world. But the memo’s contents appeared to provide the GOP with a set of talking points on Ford and Kavanaugh. She wrote that, in a legal context, Ford’s charges wouldn’t hold:

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 refuted 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.

No one who Ford has identified as being at the party — including Judge, Patrick Smyth, and Leland Ingham Keyser — has corroborated Ford’s allegations. In a letter to the judiciary panel sent overnight Friday, Keyser’s lawyer said she doesn’t remember the alleged incident but doesn’t refute Ford’s account.

This article continues at [Vox News] Rachel Mitchell says “reasonable prosecutor” wouldn’t bring a case against Kavanaugh — but it’s not a trial

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