Supreme Court nominee Brett Kavanaugh’s road to confirmation has been a fiery affair.
After 35-year-old accusations of sexual misconduct surfaced last week out of Sen. Diane Feinstein’s office, Kavanaugh’s nomination was suddenly thrown off track.
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Despite the Democratic leaders best efforts, however, Kavanaugh got very good news Monday — and it could finally secure his confirmation to the Supreme Court.
After interviewing both Kavanaugh and his accuser, Dr. Christine Blasey Ford, for hours on Thursday, sex crimes prosecutor Rachel Mitchell told Senate Republicans there wasn’t enough evidence to stop Kavanaugh’s bid.
That’s not all.
Monday, Mitchell released a memo that outlined the charges against Kavanaugh as “weak” and named nine reasons it was not worth further legal consideration.
“A ‘he said, she said’ case is incredibly difficult to prove,” Mitchell wrote in the memo distributed Sunday night. “But this case is even weaker than that. 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,” Mitchell continued.
— Shannon Bream (@ShannonBream) October 1, 2018
Democrats say that Ford’s accusations are still valid, because Kavanaugh isn’t on trial. The accusations alone should be enough to disqualify him from the high court.
Mitchell states numerous reasons Ford’s accusations would not hold up in the court of law — or even warrant further investigation. Mitchell wrote that Ford’s unclear memories, refusal to provide any notes that could help, and inconsistent details significantly weakens the accusation.
“In the memo, Mitchell argued that Ford has not offered a consistent account of the alleged assault, including when exactly it occurred. Mitchell also noted that Ford did not identify Kavanaugh by name as her attacker in key pieces of evidence, including notes from sessions with her therapist – records that Ford’s lawyers declined to provide to the Senate Judiciary Committee,” The Washington Post reported.
An FBI investigation was ordered by President Donald Trump into the accusations at the request of Arizona Sen. Jeff Flake last week.
Experts expect law enforcement to reach a similar conclusion with Mitchell. Doing so would likely be the final push Kavanaugh needs to be confirmed.
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That’s very good news for Kavanaugh and his supporters.
— The Horn editorial team