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Kavanaugh Would Face Ethical Issue on Bench

Columnist argues he'd have to recuse himself from all cases with left-leaning participants
By Newser Editors,  Newser Staff
Posted Oct 1, 2018 1:48 PM CDT
Christine Blasey Ford, right, shakes hands with Rachel Mitchell, a prosecutor from Arizona, after Mitchell questioned her before the Senate Judiciary Committee.   (Saul Loeb/Pool Photo via AP)
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(Newser) – The accusations leveled against Brett Kavanaugh by Christine Blasey Ford may come down to his word against hers, and the prosecutor who questioned them both before a Senate panel writes that Ford's case is weak even by those standards. In a memo to Republican senators, the sex-crimes prosecutor hired by the GOP offers what she calls her "bottom line" assessment, reports Politico: "A ‘he said, she said’ case is incredibly difficult to prove," she writes. "But this case is even weaker than that. 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.” Details and developments:

  • Mitchell's rationale: She lays out her reasons for her conclusion in the memo, saying among other things that Ford's account of the night in question has been inconsistent. Another big factor: Ford has no corroborating witnesses. Mitchell made a point to say she was speaking only from a legal perspective in terms of bringing a case to court.

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