Rachel Mitchell, the career prosecutor of sex-related and other crimes in Arizona whom the Senate Judiciary Committee majority engaged to question Dr. Christine Blasey Ford on their behalf, has rendered her judgment regarding Dr. Ford’s allegations.
In a memorandum addressed to all Republican senators providing her “independent assessment” of the allegations, Ms. Mitchell concluded that this case was even weaker than the typical “he said, she said” case.
“Dr. Ford identified other witnesses to the event, and those witnesses either refuted her allegations or failed to corroborate them,” Ms. Mitchell wrote in her memorandum. “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.”
Ms. Mitchell described significant inconsistencies in Dr. Ford’s own various accounts of the alleged sexual assault that Dr. Ford claimed involved Judge Kavanaugh.
Ms. Mitchell also included a detailed timeline to support her conclusions. For example, Dr. Ford has not offered a consistent account of when the alleged assault happened. Ms. Mitchell cited widely differing points in time when Dr. Ford said the episode allegedly occurred. Dr. Ford said that it occurred in the “mid 1980s” in her July 6, 2018 text to the Washington Post; the “early 80s” in her July 30, 2018 letter to Senator Dianne Feinstein (D-Calif.), the ranking member of the Senate Judiciary Committee; at the age of 15 in her September 16, 2018 Washington Post interview and her testimony to the Judiciary Committee; and in her “late teens,” according to her couples therapist’s notes from 2012 that the Washington Post had reviewed.
“Dr. Ford has struggled to identify Judge Kavanaugh as the assailant by name,” Ms. Mitchell observed. No name was given in either her 2012 couples therapy notes or in the 2013 individual therapy notes. Only Dr. Ford’s husband claims to recall that she identified Judge Kavanaugh by name in 2012, which is uncorroborated by the contemporaneous documentation of the 2012 couples therapy session.
“Dr. Ford has no memory of key details of the night in question—details that could help corroborate her account,” Ms. Mitchell wrote in her memorandum. Aside from not remembering where the alleged assault took place or how she got there, perhaps more importantly Ms. Ford “does not remember how she got from the party back to her house.” It was evidently much too far to walk, requiring someone to take her home by car. Yet, while describing in some detail where she hid in the house following the alleged attack, how she locked the door and then exited the house, Ms. Ford said she has no memory of who drove her home from the location of the party. “Given that this all took place before cell phones, arranging a ride home would not have been easy,” Ms. Mitchell wrote. “Indeed, she stated that she ran out of the house after coming downstairs and did not state that she made a phone call from the house before she did, or that she called anyone else thereafter.”
One explanation that has been offered for Dr. Ford’s spotty memory of circumstances surrounding the alleged attack, as opposed to her vivid memory of the details of the alleged attack itself, is the way the brain embeds memory of the actual traumatic event. Yet this explanation of how the brain works in such situations does not explain why Dr. Ford apparently remembers, as Ms. Mitchell put it, “small, distinct details from the party unrelated to the assault.” By way of example, Ms. Mitchell pointed to Dr. Ford’s testimony that “she had exactly one beer at the party and was taking no medication at the time of the alleged assault.”
Finally, there is the issue of corroboration. The FBI has been tasked with interviewing the individuals who Dr. Ford said were at the party where the alleged sexual assault supposedly occurred. It is possible that their memories may be refreshed during the course of those FBI interviews.
However, as of the date of Dr. Ford’s testimony to the Judiciary Committee, none of the individuals she named have corroborated her story, including her lifelong friend Leland Keyser (née Ingham). Ms. Keyser stated through counsel in her first statement to the Judiciary Committee that she “does not know Mr. Kavanaugh and she has no recollection of ever being at a party or gathering where he was present, with, or without, Dr. Ford.” In a subsequent statement she made through counsel to the committee, Ms. Keyser said that “the simple and unchangeable truth is that she is unable to corroborate [Dr. Ford’s allegations] because she has no recollection of the incident in question.”
Democrats are trying to bring Judge Kavanaugh down at any cost. They are not interested in facts or in finding the truth, if at all possible, regarding an event said to have occurred more than three decades ago. They are also hypocrites, as President Trump noted in his press conference on Monday. “I watched those senators on the Democrat side, and I thought it was a disgrace, partially because I know them,” the president said. “I know them too well, and you know what? They are not angels.” He said he had seen one of them in “very bad situations,” without naming the individual.
Judge Kavanaugh’s detractors argue that the normal rule of presumption of innocence does not apply to what they call a “job interview” for the lifetime position of a Supreme Court justice. They are wrong.
The jury is out, so to speak, on the current allegations against Judge Kavanaugh until the FBI completes its investigation and submits its summaries of its interviews to the White House and the Senate by this Friday. If nothing new of consequence emerges beyond what we know today that would cast serious doubt on the veracity of Judge Kavanaugh’s denials of the allegations, Judge Kavanaugh should be confirmed immediately.
James E Windsor, Overpasses News Desk
October 3rd, 2018