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Outside counsel in Kavanaugh hearings argues Ford case weak on legal grounds
The Hill ^ | 09/30/18 | EMILY BIRNBAUM

Posted on 09/30/2018 8:41:30 PM PDT by yesthatjallen

The outside counsel hired by Republicans to question Christine Blasey Ford last week has concluded Ford's allegation against Supreme Court nominee Brett Kavanaugh is "weak" on legal grounds.

"A 'he said, she said' case is incredibly difficult to prove," Rachel Mitchell wrote in a memo to the Senate Judiciary Committee. "But this case is even weaker than that."

The memo was obtained by several news organizations and shared on Twitter.

Tweet: NEW--> in memo to all Senate Rs obtained by WaPo, Rachel Mitchell argues re Ford case: "A 'he said, she said' case is incredibly difficult to prove. But this case is even weaker than that." Story TK

'Weak case. Difficult to prove'

Mitchell, an Arizona sex-crimes prosecutor, wrote she does not believe a "reasonable prosecutor" would bring Ford's case to trial.

She emphasized her background is not in politics, so she can only present an analysis of the allegations from a legal perspective. The memo also doesn't include any analysis of Kavanaugh's testimony, for which Mitchell was present.

Mitchell in the memo pointed to inconsistencies in Ford's recounting of the incident, Ford's inability to remember "key details" from the night and the fact that none of the other attendees at the party in question have corroborated Ford's account.

Ford in a public hearing last week accused Kavanaugh of pinning her to a bed and groping her during a party in 1982. She said he put his hand over her mouth at one point to keep her from screaming while he and his friend Mark Judge, who was looking on, laughed.

Kavanaugh has categorically denied the accusation. The other witnesses Ford named, including Judge, have denied attending the party - including her "longtime friend," Mitchell pointed out.

Senate Judiciary Republicans hired Mitchell to handle Ford's questioning during the hearing in order to avoid the optics of an all-male panel grilling her over the allegation. Many Republican strategists after the hearing questioned her role in the day, wondering whether Mitchell's detail-oriented approach helped or hurt Republicans.

While Mitchell briefly questioned Kavanaugh, most Republican senators ultimately chose to question him themselves.

Mitchell in the memo pointed out that Ford does not remember how she got home from the party that night, which Mitchell grilled her over during the hearing.

Committee staffers during Ford's questioning handed out maps showing the seven miles between her home and the country club that Ford says was near the house where Kavanaugh allegedly attacked her. Ford during the hearing said she does not remember how she got home, though she knows she didn't drive.

"Given that all this took place before cell phones, arranging a ride home would not have been easy," Mitchell wrote.

Senate Judiciary staffers did not immediately respond to The Hill's request for comment.

The FBI is currently investigating Ford's claim as well as the allegation from Deborah Ramirez, a woman who says Kavanaugh exposed himself and thrust his penis in her face during a party at Yale University in the 1980s.

Many Republicans last week referred to Ford's testimony as "credible" and survivors of sexual assault have mobilized around her decision to go public with the accusation.


TOPICS: News/Current Events
KEYWORDS: ford; kavanaugh

1 posted on 09/30/2018 8:41:30 PM PDT by yesthatjallen
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To: yesthatjallen

And that folks was the purpose. 1. Question her without looking like republicans were beating up on her and 2. Give an honest and professional assessment of the testimony


2 posted on 09/30/2018 8:52:25 PM PDT by McGavin999 ("The press is impotent when it abandons itself to falsehood."Thomas Jefferson)
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To: yesthatjallen

Any person knows this has is just an accusation. Witnesses named did are saying otherwise. Would not see the light of day in court.


3 posted on 09/30/2018 8:56:49 PM PDT by KC_Conspirator
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To: yesthatjallen

Ford can not even tell you where the party was. I graduated from High School in 1966. I have not lived in the area since 1970. Today if asked to go to houses of my friends where we partied I could drive you to the house and tell you who lived there. Ford is either psychotic or a liar or perhaps both.

When she testified it was in a high falsetto voice of a child victim. I have known a few hard core leftist feminists of which she is one. They always come across in a manly and aggressive voice with indignant righteousness. Her testimony was naught but theater.

As mentioned above she is either psychotic or a liar. I myself think just plain damn liar.


4 posted on 09/30/2018 9:03:28 PM PDT by cpdiii (Cane Cutter, Deckhand,Roughneck, Geologist, Pilot, Pharmacist: THE CONSTITUTION IS WORTH DYING FOR!)
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To: yesthatjallen

bookmark


5 posted on 10/01/2018 12:43:23 AM PDT by GOP Poet
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To: McGavin999

Mitchell was setting up ford the whole time. Tomorrow will be interesting...


6 posted on 10/01/2018 12:49:54 AM PDT by Battle Hymn of the Republic
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To: cpdiii
”When she testified it was in a high falsetto voice of a child victim.”

That voice sounded artificial. There may be video of her using her real voice. Or her former students might recall her real voice.

7 posted on 10/01/2018 1:21:14 AM PDT by UnwashedPeasant (Trump is fixing the world's problems just to distract us from Russia.)
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To: Battle Hymn of the Republic

She is the consummate professional. Did you catch the part where Kamala Harris was waiving that rape/assault handbook and quoting from it? Michhell chuckled and said it was from the MC Guidelines which Rachael wrote. She speaks at law and order conferences all over and is recognized as the best in the business.

It was not her job to trip her up and have an ah ha moment. It was her job to assess and report to the republican her professional opinion.


8 posted on 10/01/2018 7:17:14 AM PDT by McGavin999 ("The press is impotent when it abandons itself to falsehood."Thomas Jefferson)
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To: McGavin999

Really! It takes an “outside council” to inform the senate that since the bimbo can not remember WHEN or WHERE; and that the witnesses she sites all refute her allegation.

No wonder the government has become a swamp.


9 posted on 10/01/2018 8:19:35 AM PDT by CoastWatcher
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To: CoastWatcher

There was the possibility that something happened. This woman has devoted her life to prosecuting sex crimes so she brings an expertise that none in the senate had. It was a professional third party assessment


10 posted on 10/01/2018 8:33:21 AM PDT by McGavin999 ("The press is impotent when it abandons itself to falsehood."Thomas Jefferson)
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To: yesthatjallen

Memorandum

TO: All Republican Senators

FROM: Rachel Mitchell, Nominations Investigative Counsel United States Senate Committee on the Judiciary

DATE: September 30, 2018

RE: Analysis of Dr. Christine Blasey Ford’s Allegations

https://static.politico.com/28/7f/80157df74b96bb352b10f8b7aa66/09-30-18-mitchell-memo-ford-allegations.pdf


11 posted on 10/01/2018 2:16:23 PM PDT by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: yesthatjallen

I converted the .pdf to html and was preparing to post it. The table did not convert intact using my script.

I decided not to post it.


12 posted on 10/01/2018 2:25:27 PM PDT by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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