Rachel Mitchell, the prosecutor tapped by senators to investigate Dr. Ford’s allegation against Brett Kavanaugh, said it was “weaker” than a “he said, she said” case in a report she wrote to lawmakers.
Mitchell, who has experience working sex crime cases for the Maricopa County attorney’s office, submitted a report on Sept. 30 which outlined her findings and her own independent assessment from a purely legal context.
“In the legal context, here is my bottom line: A ‘he said, she said’ case is incredibly difficult to prove, but this case is even weaker than that,” she wrote. “Dr. Ford identified other witnesses to the event, and those witnesses either refuted her allegations or failed to corroborate them.”
Mitchell brought up the following nine points she said were issues:
- Dr. Ford has not offered a consistent account of when the alleged assault happened.
- Dr. Ford has struggled to identify Judge Kavanaugh as the assailant by name.
- When speaking with her husband, Dr. Ford changed her description of the incident to become less specific.
- Dr. Ford has no memory of key details of the night in question – details that could help corroborate her account.
- Dr. Ford’s account of the alleged assault has not been cooroborated by anyone she identified as having attended – including her lifelong friend.
- Dr. Ford has not offered a consistent account of the alleged assault.
- Dr. Ford has struggled to recall important recent events related to her allegations, and her testimony regarding recent events raises further questions about her memory.
- Dr. Ford’s description of the psychological impact of the event raises questions.
- The activities of congressional Democrats and Dr. Ford’s attorneys likely affected Dr. Ford’s account.
You can read the full report below:
Unfortunately, the pushback against Kavanaugh’s nomination stems from emotionally-driven politics, meaning that the legal, logical context of the report likely won’t redefine the battle lines – but it does put the context of the fight into focus.
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