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Criminal,
Judges and Judiciary,
U.S. Supreme Court

Sep. 20, 2018

Let’s not repeat the mistakes of our past

The FBI should conduct a proper investigation into Dr. Christine Ford’s recent allegations of attempted rape by Judge Brett Kavanaugh. Here’s where it could start.

Aashish Y. Desai

Desai Law Firm PC

3200 Bristol Street #650
Costa Mesa , CA 92626

Phone: (949) 614-5830

Fax: (949) 271-4190

Email: aashish@desai-law.com

University of Houston Law Center; Houston TX


Attachments


Justice Clarence Thomas at his confirmation hearings in 1991. (New York Times)

The FBI should conduct a proper investigation into Dr. Christine Ford's recent allegations of attempted rape by Judge Brett Kavanaugh. Here's where it could start:

Dr. Christine Blasey Ford. She will have further details over what occurred. While she can't remember exactly where or when the assault occurred, she may be able to point to other identifying marks and details, which other witnesses can then use to test the allegations.

Russell Ford. Ford claims the events were repressed and only came to light during couples' therapy sessions. Ford's husband, Russell, could corroborate these facts. Since the therapy happened sometime in 2013, long before Kavanaugh was in contention for the Supreme Court, this is valuable and credible evidence that militates in Ford's favor.

Therapist. Ford's therapist would be able to confirm, with detailed notes, that Ford told her that Kavanaugh attempted to rape her when she was a teenager in high school. The therapist would also be able to testify as to the personal harm this has caused Ford. Again, the pre-nomination timing of these events would bolster the credibility of such evidence. The therapist is also a neutral third-party.

Mark Judge. Ford claims that Judge was in the room during the assault. She claims that he jumped on the bed, knocking Kavanaugh off her and allowing her to escape. He was drunk, too. Judge, through counsel, claims that he "can't recall" the event. He doesn't say that he wasn't there that night, or that this event "did not happen." Rather, he says he can't recall if it happened. Maybe it did, maybe not. Who knows? Judge should be questioned under oath: Did you ever go to house parties in high school? Was Kavanaugh with you? Did you ever get drunk at these house parties? Who's house were these parties at? Was Kavanaugh the character who was often "stumbling drunk," as you describe in your fictional book? Do you agree that "what happens at Georgetown Preparatory, stays at Georgetown Preparatory"? Did you push Kavanaugh off of Ford in high school?

Georgetown Preparatory Classmates. There must have been students who heard about the house parties. They may recall whose house the parties were at. Who else might have been there during the alleged incident? Ford says four people were there -- the other girl from that night suspiciously has said nothing. What about other events that Kavanaugh attended "stumbling drunk"?

During the Anita Hill controversy, four witness were prepared to testify that Judge Clarence Thomas relentlessly pursued Hill, who was his assistant, for two years. They say Thomas was using crude language and inappropriate behavior. This would have taken the dispute out of the "he said, she said" puzzle. But in a backroom deal, the witnesses were never called. Hill was left out to dry -- and she has suffered the consequences to this day.

Let's not repeat the mistakes of the past. If #MeToo means anything, Ford's allegations should be taken seriously. That means a complete and through investigation by the FBI to get at the truth before Kavanaugh is bestowed with a lifetime appointment to one of the most powerful positions under our Constitution.

#349343


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