Outside prosecutor who was hired by Republican senators for Kavanaugh hearing tells them she could NOT charge him based on Ford’s claims
Judiciary Committee vote to recommend Kavanaugh’s nomination looms Friday
Rachel Mitchell reportedly told senators she would not charge him on evidence
She is a veteran sex crimes prosecutor from Maricopa County, Arizona
Her opinion may have helped sway key Republican Jeff Flake to back nominee
But pundits on both sides were unimpressed by Mitchell’s questions on Thursday
Republican senators yanked her during Kavanaugh’s testimony after two rounds
Critics found her lines of questioning during hearing meandering and picayune
Committee vote is expected on Friday with full Senate vote as early as Tuesday
By KEITH GRIFFITH
DAILYMAIL.COM
28 September 2018
The outside prosecutor who was hired by Senate Republicans to question Supreme Court nominee Brett Ford and his accuser Christine Blasey Ford has said she would not charge Kavanaugh if it were a criminal complaint in her jurisdiction.
Rachel Mitchell, the veteran sex crimes prosecutor from Arizona, delivered her opinion at an overnight meeting with all 51 Republican senators on Capitol Hill after Thursday’s blockbuster hearing, multiple outlets reported.
‘Mitchell spelled it out and was clear with senators that she could not take this anywhere near a courtroom,’ one source told Fox News.
Based on the evidence and information presented, Mitchell said she believed that there was not enough to criminally charge Kavanaugh – and likely not even enough to seek a search warrant.
Ford was widely praised for her compelling and convincing testimony in Thursday’s hearing, but the fact that she can’t name the date and location of the alleged offence makes the claim difficult to prosecute, experts say.
Ford alleged that Kavanaugh attempted to rape her in 1982, when they were both in high school, at a gathering in suburban Maryland, where there is no statute of limitations on violent felonies.
As well, the three witnesses whom Ford claims were present at the house have denied all knowledge of her claims under penalty of purjury – not to mention Kavanaugh’s forceful and often emotional denial in testimony, which stunned observers coming from the normally mild-mannered federal judge.
Mitchell’s legal opinion may have helped sway key Judiciary Committee Republican Jeff Flake, who had been on the fence but on Friday morning said he was ready to vote to recommend Kavnauagh’s nomination to the full Senate.
Flake said Kavanaugh was entitled to the ‘presumption of innocence … absent corroborating evidence.’
‘While some may argue that a different standard should apply regarding the Senate’s advice and consent responsibilities, I believe that the Constitution’s provisions of fairness and due process apply here as well,’ Flake said. ‘I will vote to confirm Judge Kavanaugh.’
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