Rachel Mitchell: ‘No reasonable prosecutor’ would take on Ford’s case based on evidence

October 1, 2018

Rachel Mitchell, the prosecutor hired by the Senate Judiciary Committee, said Christine Blasey Ford’s sexual assault allegations against Judge Brett Kavanaugh would not hold up in court.

In a letter sent Sunday night to the committee, Ms. Mitchell wrote, “I do not think that a reasonable prosecutor would bring this case based on the evidence before the Committee.”

She explained that “he said, she said” cases are difficult to prove, but that Ms. Blasey Ford’s claims are “weaker than that.”

According to Ms. Mitchell, if the evidence before the Senate Committee were in court, it would not meet the preponderance-of-the-evidence standard used in civil proceedings.

The five-page memo highlighted the issues Ms. Blasey Ford had in recalling key details from the night of the alleged assault, which Ms. Mitchell said could corroborate her account.

The prosecutor also found a problem in Ms. Blasey Ford’s struggle to remember details about recent discussions about the assault, including details about her interview with The Washington Post and the polygraph she took.

Ms. Mitchell wrote that Ms. Blasey Ford’s account is inconsistent when looking at details in her testimony, letter to Sen. Dianne Feinstein, the notes to her therapist, and the interview she gave to The Washington Post.

Specifically, the memo notes that the number of people at the party shifted. However, the alleged party has not been corroborated by any of the eyewitnesses she said were there, Ms. Mitchell noted.

Ms. Mitchell has 25 years of experience as a sex-crimes prosecutor and currently serves as the Division Chief of the Special Victims Division in the Maricopa County Attorney’s Office.

Christine Blasey Ford alleged that Judge Kavanaugh assaulted her at a high school party after he and his friend Mark Judge trapped her in a bedroom.

Judge Kavanaugh has strongly denied the allegations.

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