- The prosecutor who questioned professor Christine Blasey Ford and Supreme Court nominee Brett Kavanaugh over sexual assault allegations wrote in a memo that Ford’s case against Kavanaugh was weak.
- In the five-page memo obtained by The Washington Post, Mitchell detailed several inconsistencies from Ford’s testimony, in which she claimed that Kavanaugh sexually assaulted her in the early 1980s.
- Based on these inconsistencies, Mitchell wrote, she would not bring criminal charges against Kavanaugh.
The prosecutor who questioned professor Christine Blasey Ford and Supreme Court nominee Brett Kavanaugh over sexual assault allegations wrote in a memo that Ford’s case against Kavanaugh is weak.
The Washington Post obtained the five-page memo prosecutor Rachel Mitchell sent to Senate Republicans Sunday night that said key inconsistencies in Ford’s testimony before the Senate Judiciary Committee rendered the case too weak to pursue.
“A ‘he said, she said’ case is incredibly difficult to prove. But this case is even weaker than that,” Mitchell wrote. “Dr. Ford identified other witnesses to the event, and those witnesses either refuted her allegations or failed to corroborate them.”
Mitchell pointed out in the memo that Ford wasn’t able to recall the date and never identified Kavanaugh by name in the evidence provided to the committee, which included notes from therapy sessions in 2012 and 2013.
In her testimony, Ford said she was “100%” certain that Kavanaugh was the person who committed the early 1980s assault when they were both teenagers. Kavanaugh emphatically denied these claims following Ford’s testimony.
“For the reasons discussed below, I do not think that a reasonable prosecutor would bring this case based on the evidence before the [Senate Judiciary] Committee,” Mitchell wrote. “Nor do I believe that this evidence is sufficient to satisfy the preponderance-of-the-evidence standard.”
Describing the allegations she first made known in a letter to members of the Judiciary Committee, Ford said Kavanaugh and a friend locked her in an upstairs bedroom at a party, pinned her to a bed, groped her, and held his hand over her mouth as she screamed. Mitchell wrote in the memo Ford’s failure to recall other key details about the incident’s date and location “raises significant questions” about her account.
Ford also named three eyewitnesses who she said were present at the party. However, as Mitchell wrote, all three could not recall the party and couldn’t corroborate Ford’s account. The woman Ford identified as her lifelong friend who was downstairs during the incident, Leland Keyser, told the committee she believes Ford.
Amid worries the testimony would set off a partisan firestorm,Committee Democrats praised Ford during her testimony for coming forward, and some Republican senators suggested they found her to be a credible witness.
Mitchell is a longtime prosecutor specializing in sex crimes hired by Senate Republicans to ensure fair and respectful proceedings in hearings for Kavanaugh’s potential confirmation.
The memo comes just two days into a developing FBI investigation into sexual misconduct allegations by three women against Kavanaugh, all of which he has categorically denied.
Since Ford’s testimony, lawmakers disagreed along party lines about how to proceed. Republicans pushed to move forward with Kavanaugh’s confirmation but Democrats achieved the FBI background check they had championed in a shock move Frdiay by Republican swing vote Sen. Jeff Flake.
Though agents have reportedly interviewed one of the accusers, Ford has not been contacted since President Donald Trump ordered the supplemental background check.
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