BREAKING NEWS Officer-involved shooting at Verona Convenience Store Full Story

Outside counsel tells Republican senators 'reasonable prosecutor' would not bring Ford case against Kavanaugh

In a memorandum to Republican senators, Rachel Mitchell says a "reasonable prosecutor" would not bring a cas...

Posted: Oct 1, 2018 2:40 PM
Updated: Oct 1, 2018 2:40 PM

In a memorandum to Republican senators, Rachel Mitchell says a "reasonable prosecutor" would not bring a case against Brett Kavanaugh based on Christine Blasey Ford's sexual assault allegation given the evidence presented to the Judiciary Committee.

But Mitchell, the sex crimes prosecutor hired by Senate Judiciary Committee Republicans who questioned Ford last Thursday, also notes, "A Senate confirmation hearing is not a trial, especially not a prosecution."

Brett Kavanaugh

Christine Blasey Ford

Crime, law enforcement and corrections

Crimes against persons

Criminal offenses

Government and public administration

Government organizations - US

Misc people

Political Figures - US

Political organizations

Politics

Rachel Mitchell

Sex crimes

Sexual assault

Sexual misconduct

Society

US Congress

US political parties

US Republican Party

US Senate

Law and legal system

Testimony

Trial and procedure

Criminal law

Assault and battery

Mitchell cites inconsistencies in Ford's statements to the committee, The Washington Post, and her therapist about the alleged assault, which Ford alleges took place when she and Kavanaugh were in high school.

Mitchell also notes the lack of corroboration of Ford's account, including recalling details that could back her story.

Mitchell says Ford's account of her age at the time has varied, and raises questions about her recollection of some events, but noted her inability to remember details such as how she got to and from the party where the alleged assault occurred.

Mitchell, in the five-page memorandum, also raises concerns about what she calls inconsistencies in Ford's description of events. Those include how many people were at the party and whether she could hear a conversation between Kavanaugh, Mark Judge and other partygoers following the alleged assault, which both Kavanaugh and Judge -- whom Ford alleges was in the room during the incident -- deny ever took place.

Mitchell also says in the report, "the activities of congressional Democrats and Dr. Ford's attorneys likely affected Dr. Ford's account."

Mitchell summarized her report for the committee.

"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. 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."

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 263023

Reported Deaths: 5752
CountyCasesDeaths
DeSoto17675191
Hinds16813331
Harrison14224204
Rankin11167219
Jackson10839190
Lee9050144
Madison8568168
Jones6668114
Forrest6177124
Lauderdale6097192
Lowndes5518120
Lafayette516298
Lamar503965
Washington4923125
Bolivar4104109
Oktibbeha405982
Panola384881
Pontotoc376258
Warren3674103
Monroe3671108
Union355663
Marshall355270
Neshoba3485154
Pearl River3468105
Leflore3111109
Lincoln305688
Hancock291862
Sunflower291475
Tate279662
Alcorn272354
Pike268981
Itawamba268063
Scott259648
Yazoo255256
Prentiss252553
Tippah249250
Copiah249049
Coahoma248054
Simpson242171
Leake237367
Grenada223272
Marion222073
Covington219973
Adams213671
Wayne212634
Winston207371
George204339
Newton199046
Attala196963
Tishomingo194161
Chickasaw189044
Jasper179538
Holmes171768
Clay165837
Tallahatchie156235
Stone151425
Clarke147262
Calhoun140822
Smith129226
Yalobusha122034
Walthall114337
Greene113529
Noxubee112926
Montgomery111636
Carroll106622
Lawrence106517
Perry104531
Amite101426
Webster96124
Tunica88821
Claiborne88325
Jefferson Davis88329
Benton85623
Humphreys84624
Kemper80520
Quitman7089
Franklin69917
Choctaw63213
Wilkinson59825
Jefferson56821
Sharkey45117
Issaquena1606
Unassigned00

Alabama Coronavirus Cases

Cases: 439442

Reported Deaths: 6657
CountyCasesDeaths
Jefferson644371007
Mobile31435569
Madison28158217
Tuscaloosa21492275
Montgomery19873332
Shelby19248132
Baldwin17128189
Lee13137107
Morgan12594142
Etowah12070181
Calhoun11496206
Marshall10420123
Houston8988164
Limestone832081
Cullman8257124
Elmore8183110
DeKalb7871107
Lauderdale7847107
St. Clair7808130
Talladega6445112
Walker6028183
Jackson599145
Colbert548694
Blount546286
Autauga535862
Coffee460764
Dale409685
Franklin374150
Russell354215
Chilton344373
Covington338580
Escambia334544
Tallapoosa3143109
Dallas312996
Chambers303470
Clarke298036
Pike262431
Lawrence253355
Marion253161
Winston233342
Bibb222348
Geneva210247
Marengo208231
Pickens199531
Hale184944
Barbour180538
Fayette177829
Butler173160
Cherokee165131
Henry159525
Monroe152021
Randolph145536
Washington141727
Clay129746
Crenshaw123745
Macon121937
Cleburne121525
Lamar119922
Lowndes114836
Wilcox107922
Bullock103328
Perry99918
Conecuh97822
Sumter90527
Greene77923
Coosa63418
Choctaw51924
Out of AL00
Unassigned00
Tupelo
Cloudy
56° wxIcon
Hi: 56° Lo: 44°
Feels Like: 56°
Columbus
Cloudy
53° wxIcon
Hi: 58° Lo: 46°
Feels Like: 53°
Oxford
Cloudy
54° wxIcon
Hi: 54° Lo: 42°
Feels Like: 54°
Starkville
Cloudy
52° wxIcon
Hi: 56° Lo: 45°
Feels Like: 52°
WTVA Radar
WTVA Temperatures
WTVA Severe Weather