Psst: Somebody wasn’t sold on Dr. Ford’s testimony.

Rachel Mitchell apparently didn’t drink the kool-aid
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Remember Rachel Mitchell?

She’s the multi-decade experienced sex crimes prosecutor who interviewed Dr. Ford during last week’s Kavanaugh hearing.

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She was, at the moment, a fright to the right (boring, too slow, no knockout punches) and darling of the left.  After all, she oft referred to Dr. Fox as a victim and seemed to be buying Ford’s story.

But, Ms. Mitchell has issued her final report and the table has been turned…

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In a nutshell: Mitchell’s memo documents significant problems with Ford’s testimony and underscores that her case is “even weaker” than a run-of-mill “he said, she said” case.

A “he said, she said” case is incredibly difficult to prove.

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.

More specifically, Mitchell concludes:

    1. Dr. Ford has not offered a consistent account of when the alleged assault happened. 
    2. Dr. Ford has struggled to identify Judge Kavanaugh as the assailant by name. 
    3. Dr. Ford has no memory of key details of the night in question — details that could help corroborate her account. 

      Perhaps most importantly, she does not remember how she got from the party back to her house.She does, however, remember small, distinct details from the party unrelated to the assault.For example, she testified that she had exactly one beer at the party

    4. Dr. Ford’s account of the alleged assault has not been corroborated by anyone she identified as having attended — including her lifelong friend, Ms. KeyserMs. 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.”
    5. Dr. Ford has not offered a consistent account of the alleged assault.Specifically, her account of who was at the party has been inconsistent.
    6. Dr. Ford has struggled to recall important recent events relating to her allegations, and her testimony regarding recent events raises further questions about her memory.
    7. Dr. Ford refused to provide any of her therapy notes to the Committee.
    8. Dr. Ford’s explanation of why she disclosed her allegations the way she did raises questions. 

      For example, she could not remember whether the polygraph occurred the same day as her grandmother’s funeral or the day after her grandmother’s funeral.Note: It would also have been inappropriate to administer a polygraph to someone who was grieving

    9. Dr. Ford’s description of the psychological impact of the event raises questions. 

      She maintains that she suffers from anxiety, claustrophobia, and post-traumatic stress disorder (PTSD).But she agreed during her testimony that she flies “fairly frequently for [her] hobbies and … work.”

      She alleges that she struggled academically in college, but she has never made any similar claim about her last two years of high school.

      She used the word “contributed” when she described the psychological impact of the incident.

      Use of the word “contributed” rather than “caused” suggests that other life events may have contributed to her symptoms.

    10. The activities of congressional Democrats and Dr. Ford’s attorneys likely affected Dr. Ford’s account.

So, in conclusion:

“I do not think that a reasonable prosecutor would bring this case based on the evidence before the Committee.”

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There’s even some irony in that conclusion.

Comey thought that was reason enough to let Hillary walk without consequences.

As Forest Gump would say: “What goes around, comes around.”

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