As things have proceeded in the drama surrounding the tentative hearings by the Senate Judiciary Committee regarding Dr. Ford's allegations against Bret Kavanaugh, new claims keep popping up. Most are complete nonsense and do not even merit comment, but there is one new one that is so idiotic that some explanation is needed.
Here's the claim. I first heard this claim being pushed by Rachel Maddow on MSNBC, although I can't be certain that she is the original source. The Democrats/media chorus is saying that even if Bret Kavanaugh is confirmed, he could still be investigated and arrested for sexual assault by the state of Maryland. The supposed attack is said by Dr. Ford to have taken place somewhere in Chevy Chase, MD. The local county government is run by the Democrats, so the local prosecutor could investigate Kavanaugh were Ford to file a criminal complaint (something she never did). Then, even were Kavanaugh a sitting Supreme Court Justice, he could be arrested on any resulting charges. At that point, he could be impeached and removed from SCOTUS.
This is nonsense. Prosecutors don't bring charges that have no chance of success. In fact, it would be an ethical violation for the local prosecutor to bring a charge that he or she knows cannot be successful in court. Right now, think of what the prosecutor would have:
1. Dr. Ford says there was an attempted attack. She can't remember where or when it happened. She says she didn't tell anyone of the attack at the time, so there cannot be any corroboration there. She cannot recall how she got to the party or how she got home afterwards.
2. Kavanaugh denies the attack or even being at the party Ford described.
3. Ford put three other people at the party, two boys and one girl. All three have now stated under oath that they have no memory of any attack happening or, indeed, any party as described happening. One witness, a long time friend of Ford, says that she has never even met Bret Kavanaugh. That means that all the other possible witnesses support Kavanaugh's story.
4. There is no physical evidence of any sort. Even had there been some at the time, it is now gone after 36 years, and police don't even know where to look to find it.
5. Ford has a motive to attack Kavanaugh. She is a Democrat activist who has said that she hates the President. Beating Kavanaugh would be a blow to Trump. Further, Ford's parents were defendants in a foreclosure action brought by a bank to take the home of Ford's parents. Kavanaugh's mother was the judge who presided in that action.
If you put these facts together, you have a case that would be dismissed by a judge because the prosecutors could never prove guilt beyond a reasonable doubt. In fact, it seems more likely than not that Ford's story is wrong and Kavanaugh is innocent. No reasonable prosecutor would ever bring this case.
On top of this, you also have the issue of the statute of limitations. After the supposed attack 36 years ago or so, the statute of limitations expired in Maryland. That means that Kavanaugh could not be prosecuted even were he to admit to the attack (which he has not). Not long ago, Maryland changed that law to provide that there will no longer be a statute of limitations for sex attacks. That change cannot reopen a matter for prosecution, however. Only those alleged crimes that were not yet barred due to the statute of limitations were affected.
In summary, this whole claim of possible state prosecution is a bogus falsehood. Anyone with any understanding of how our legal system works would understand this. It's just one more lame attempt to smear Kavanaugh.
Here's the claim. I first heard this claim being pushed by Rachel Maddow on MSNBC, although I can't be certain that she is the original source. The Democrats/media chorus is saying that even if Bret Kavanaugh is confirmed, he could still be investigated and arrested for sexual assault by the state of Maryland. The supposed attack is said by Dr. Ford to have taken place somewhere in Chevy Chase, MD. The local county government is run by the Democrats, so the local prosecutor could investigate Kavanaugh were Ford to file a criminal complaint (something she never did). Then, even were Kavanaugh a sitting Supreme Court Justice, he could be arrested on any resulting charges. At that point, he could be impeached and removed from SCOTUS.
This is nonsense. Prosecutors don't bring charges that have no chance of success. In fact, it would be an ethical violation for the local prosecutor to bring a charge that he or she knows cannot be successful in court. Right now, think of what the prosecutor would have:
1. Dr. Ford says there was an attempted attack. She can't remember where or when it happened. She says she didn't tell anyone of the attack at the time, so there cannot be any corroboration there. She cannot recall how she got to the party or how she got home afterwards.
2. Kavanaugh denies the attack or even being at the party Ford described.
3. Ford put three other people at the party, two boys and one girl. All three have now stated under oath that they have no memory of any attack happening or, indeed, any party as described happening. One witness, a long time friend of Ford, says that she has never even met Bret Kavanaugh. That means that all the other possible witnesses support Kavanaugh's story.
4. There is no physical evidence of any sort. Even had there been some at the time, it is now gone after 36 years, and police don't even know where to look to find it.
5. Ford has a motive to attack Kavanaugh. She is a Democrat activist who has said that she hates the President. Beating Kavanaugh would be a blow to Trump. Further, Ford's parents were defendants in a foreclosure action brought by a bank to take the home of Ford's parents. Kavanaugh's mother was the judge who presided in that action.
If you put these facts together, you have a case that would be dismissed by a judge because the prosecutors could never prove guilt beyond a reasonable doubt. In fact, it seems more likely than not that Ford's story is wrong and Kavanaugh is innocent. No reasonable prosecutor would ever bring this case.
On top of this, you also have the issue of the statute of limitations. After the supposed attack 36 years ago or so, the statute of limitations expired in Maryland. That means that Kavanaugh could not be prosecuted even were he to admit to the attack (which he has not). Not long ago, Maryland changed that law to provide that there will no longer be a statute of limitations for sex attacks. That change cannot reopen a matter for prosecution, however. Only those alleged crimes that were not yet barred due to the statute of limitations were affected.
In summary, this whole claim of possible state prosecution is a bogus falsehood. Anyone with any understanding of how our legal system works would understand this. It's just one more lame attempt to smear Kavanaugh.
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