A letter from one of Christine Blasey Ford’s attorneys indicates that Supreme Court nominee Brett Kavanaugh’s accuser wanted to dissuade the Senate Judiciary Committee from using an experienced sex-crimes prosecutor, according to a tweet from NBC’s Frank Thorp V.
The letter from attorney Michael Bromwich, as Thorp notes, seems to indicate Ford’s testimony at the hearing “does not appear to be a done deal.”
It addresses several issues, including the fact that Kavanaugh’s background check from the White House won’t be provided and comments made by Senate Majority Leader Mitch McConnell that Ford’s account was part of a “smear campaign.”
However, perhaps the most puzzling detail was the fact that Ford’s team objected to an experienced sex crimes prosecutor being brought on in the case.
“In our view, the hiring of an unnamed ‘experienced sex crimes prosecutor’ as (Senate Judiciary Committee Chief Counsel for Nominations Michael) Davis described in his email, is contrary to the Majority’s repeated emphasis on the need for the Senate and this Committee’s members to fulfill their constitutional obligations,” Bromwich’s letter read.
“It is also inconsistent with your stated wish to avoid a ‘circus,’ as well as Dr. Blasey Ford’s repeated requests through counsel that senators conduct the questioning.”
In new letter from Dr Ford’s Attorney to the Judiciary Committee, they again object to having outside counsel ask the questions for republicans at Thursday’s hearing, and ask for the name and resume of who that person will be.
This does not appear to be a done deal. pic.twitter.com/MwggIeBGbs
— Frank Thorp V (@frankthorp) September 25, 2018
“This is not a criminal trial for which the involvement of an experienced sex crimes prosecutor would be appropriate,” Bromwich said.
This is a curious development indeed. A prosecutor experienced in sex crimes would be utilized questioning not just Ford but Kavanaugh as well. Having a figure like that investigating through questioning at the scheduled hearing could be key. It would be someone who would know how to get down to the truth of the matter.
Yet, Bromwich contends that the hearing “is not a criminal trial for which the involvement of an experienced sex crimes prosecutor would be appropriate.”
Except that his client is accusing a Supreme Court nominee of a sex crime. That’s kind of a pertinent detail here.
Getting to the truth of Christine Blasey Ford’s accusations — if it can indeed be done — is vital, as it’s vital in the case of any sexual assault. The Kavanaugh case has a different dimension, however, in that it could literally decide whether or not a federal judge is morally fit to receive a lifetime appointment to the nation’s highest bench.
If Brett Kavanaugh did what Ford is alleging, he shouldn’t be on the Supreme Court. That’s not debatable. However, she hasn’t produced a single piece of evidence or a single witness who’s able to back up her claims. That’s problematic, to say the least.
Even more problematic is the fact that Bromwich doesn’t feel that this should be treated anything like “a criminal trial” — where the accused in the United States gets the benefit of the presumption of innocence. One assumes that his client shares his view on this. This means, essentially, she wants the hearing to be as uncritical as possible.
The import of her appearance before the Senate Judiciary Committee — the mere fact that a Supreme Court nomination and the reputation of a public figure hangs in the balance — apparently doesn’t register with either Ford or her team.
If you’re alleging a brutal rape attempt involving a man who’s poised to be one of the most powerful individuals in America, why would you not want an experienced sex crimes prosecutor investigating? One can think of several reasons, none of which are particularly complimentary to Christine Blasey Ford.
There is nothing in bringing in a prosecutor that gets in the way of the “fair and credible process” Bromwich seems so concerned about in the letter. On the contrary, it’s the only way we can ensure what happens before the Senate Judiciary Committee will be either fair or credible.
The fact that the Ford team is fighting this should be seen as a highly telling move.
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