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Outside counsel in Kavanaugh hearings argues Ford case weak on legal grounds

The surface counsel employed by Republicans to query Christine Blasey Ford final week has concluded Ford’s allegation towards Supreme Courtroom nominee Brett Kavanaugh is “weak” on authorized grounds.

“A ‘he mentioned, she mentioned’ case is extremely tough to show,” Rachel Mitchell wrote in a memo to the Senate Judiciary Committee obtained by The Hill on Sunday evening. “However this case is even weaker than that.”

Mitchell, an Arizona sex-crimes prosecutor, wrote she doesn’t imagine a “cheap prosecutor” would convey Ford’s case to trial. 

She emphasised her background just isn’t in politics, so she will solely current an evaluation of the allegations from a authorized perspective. The memo additionally would not embrace any evaluation of Kavanaugh’s testimony, for which Mitchell was current.

Mitchell within the memo pointed to inconsistencies in Ford’s recounting of the incident, Ford’s lack of ability to bear in mind “key particulars” from the evening and the truth that not one of the different attendees on the occasion in query have corroborated Ford’s account. 

Ford in a public listening to final week accused Kavanaugh of pinning her to a mattress and groping her throughout a celebration in 1982. She mentioned he put his hand over her mouth at one level to maintain her from screaming whereas he and his good friend Mark Choose, who was trying on, laughed.

Kavanaugh has categorically denied the accusation. The opposite witnesses Ford named, together with Choose, have denied attending the occasion – together with her “longtime good friend,” Mitchell identified. 

Senate Judiciary Republicans employed Mitchell to deal with Ford’s questioning through the listening to with the intention to keep away from the optics of an all-male panel grilling her over the allegation. Many Republican strategists after the listening to questioned her function within the day, questioning whether or not Mitchell’s detail-oriented method helped or damage Republicans. 

Whereas Mitchell briefly questioned Kavanaugh, most Republican senators finally selected to query him themselves.

Mitchell within the memo identified that Ford doesn’t bear in mind how she received house from the occasion that evening, which Mitchell grilled her over through the listening to. 

Committee staffers throughout Ford’s questioning handed out maps displaying the seven miles between her house and the nation membership that Ford says was close to the home the place Kavanaugh allegedly attacked her. Ford through the listening to mentioned she doesn’t bear in mind how she received house, although she is aware of she did not drive.

“Given that each one this befell earlier than cell telephones, arranging a journey house wouldn’t have been straightforward,” Mitchell wrote. 

Senate Judiciary staffers didn’t instantly reply to The Hill’s request for remark.

The FBI is at present investigating Ford’s declare in addition to the allegation from Deborah Ramirez, a girl who says Kavanaugh uncovered himself and thrust his penis in her face throughout a celebration at Yale College within the 1980s.

Many Republicans final week referred to Ford’s testimony as “credible” and survivors of sexual assault have mobilized round her determination to go public with the accusation. 

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