Evidence doesn't support claims against Kavanaugh, prosecutor says

No reasonable prosecutor would bring sexual assault charges against Supreme Court nominee Brett Kavanaugh based on the public evidence, the prosecutor whom Republicans hired to ask the questions during last week's Senate hearing said in a memo to senators.

In the memo, which was sent to all Republican senators and was obtained Sunday night by NBC News, Rachel Mitchell, the deputy county attorney in charge of the Special Victims Division in Maricopa County, Arizona, said her "bottom line" was that "a 'he said, she said' case is incredibly difficult to prove."

"But this case is even weaker than that," Mitchell wrote. "Dr. Ford identified other witnesses to the event, and those witnesses either refuted her allegations or failed to corroborate them."

"I do not think that a reasonable prosecutor would bring this case based on the evidence before the committee," she wrote.

Mitchell led the questioning on Thursday of Christine Blasey Ford, who said in her Senate testimony that she was "100 percent" certain that Kavanaugh sexually assaulted her when they were in high school.

Kavanaugh, a U.S. appeals court judge in Washington, D.C., has strongly denied allegations against him from Ford and Deborah Ramirez, a classmate of Kavanaugh's at Yale University, as well as an allegation from a third woman, Julie Swetnick, that she was the victim of a gang rape in about 1982 at which she says Kavanaugh was present.

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U.S. Supreme Court nominee Brett Kavanaugh testifies before a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., September 27, 2018. REUTERS/Jim Bourg TPX IMAGES OF THE DAY
Family members of of U.S. Supreme Court nominee Brett Kavanaugh, including his wife Ashley (R) and mother Martha (L), listen to him testify before a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., September 27, 2018. REUTERS/Jim Bourg
Judge Brett Kavanaugh testifies to the Senate Judiciary Committee during his Supreme Court confirmation hearing in the Dirksen Senate Office Building on Capitol Hill in Washington, DC, U.S., September 27, 2018. Win McNamee/Pool via REUTERS TPX IMAGES OF THE DAY
Senator Lindsey Graham, a Republican from South Carolina, speaks during a Senate Judiciary Committee hearing in Washington, D.C., U.S., on Thursday, Sept. 27, 2018. Supreme Court nominee�Brett Kavanaugh�angrily, tearfully and 'unequivocally' denied sexually assaulting Christine Blasey Ford, after she told senators at a dramatic hearing that shes 'one hundred percent' certain he is the one who attacked her when they were teenagers. Photographer: Tom Williams/Pool via Bloomberg
White House Counsel and Assistant to the President for U.S. President Donald Trump, Donald McGahn, as Supreme Court nominee Brett Kavanaugh testifies before the US Senate Judiciary Committee on Capitol Hill in Washington, DC, September 27, 2018. SAUL LOEB/Pool via REUTERS
Judge Brett M. Kavanaugh testifies in front of the Senate Judiciary committee regarding sexual assault allegations at the Dirksen Senate Office Building on Capitol Hill, in Washington, DC, U.S. September 27, 2018. Gabriella Demczuk/Pool via Reuters
Senate Judiciary Committee ranking members Sen. Dianne Feinstein (D-CA) (R) and Chairman Charles Grassley (R-IA) question Judge Brett Kavanaugh during his Supreme Court confirmation hearing in the Dirksen Senate Office Building on Capitol Hill in Washington, DC, U.S., September 27, 2018. Win McNamee/Pool via REUTERS
Supreme court nominee Brett Kavanaugh is sworn in to testify before the Senate Judiciary Committee on Capitol Hill in Washington, DC, U.S., September 27, 2018. Andrew Harnik/Pool via REUTERS
Senator Patrick Leahy, a Democrat from Vermont, left, speaks during a Senate Judiciary Committee hearing in Washington, D.C., U.S., on Thursday, Sept. 27, 2018. Supreme Court nominee�Brett Kavanaugh�angrily, tearfully and 'unequivocally' denied sexually assaulting Christine Blasey Ford, after she told senators at a dramatic hearing that shes 'one hundred percent' certain he is the one who attacked her when they were teenagers. Photographer: Win McNamee/Pool via Bloomberg
Supreme court nominee Brett Kavanaugh arrives with his wife Ashley to testify before the Senate Judiciary Committee on Capitol Hill in Washington, DC, U.S., September 27, 2018. Andrew Harnik/Pool via REUTERS
Senate Judiciary Committee Chairman Chuck Grassley (R-IA) presides over a hearing as Supreme Court nominee Brett Kavanaugh testifies before the Senate Judiciary Committee on Capitol Hill in Washington, DC, U.S., September 27, 2018. Andrew Harnik/Pool via REUTERS
Sen. Lindsey Graham, R-SC, leaves for a break from the Senate Judiciary Committee confirmation hearing with U.S. Supreme Court nominee Brett Kavanaugh and Palo Alto University professor Christine Blasey Ford, who has accused Kavanaugh of a sexual assault in 1982, in Washington, U.S., September 27, 2018. REUTERS/Mary F. Calvert
U.S. Senator Ben Sasse (R-NB) speaks during U.S. Supreme Court nominee Brett Kavanaugh's testimony before a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., September 27, 2018. REUTERS/Jim Bourg
Judge Brett Kavanaugh is sworn in before testifying before the U.S. Senate Judiciary Committee on Capitol Hill in Washington, U.S., September 27, 2018. Tom Williams/Pool via REUTERS TPX IMAGES OF THE DAY
Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, smiles during Senate Judiciary Committee on Capitol Hill in Washington, Thursday, on September 27, 2018. - University professor Christine Blasey Ford, 51, told a tense Senate Judiciary Committee hearing that could make or break Kavanaugh's nomination she was '100 percent' certain he was the assailant and it was 'absolutely not' a case of mistaken identify. (Photo by Andrew Harnik / POOL / AFP) (Photo credit should read ANDREW HARNIK/AFP/Getty Images)
WASHINGTON, DC - SEPTEMBER 27: Senate Judiciary Committee member Sen. Ted Cruz (R-TX) questions Judge Brett Kavanaugh during his Supreme Court confirmation hearing in the Dirksen Senate Office Building on Capitol Hill September 27, 2018 in Washington, DC. Kavanaugh was called back to testify about claims by Christine Blasey Ford, who has accused him of sexually assaulting her during a party in 1982 when they were high school students in suburban Maryland. (Photo by Win McNamee/Getty Images)
WASHINGTON D.C. - SEPTEMBER 27: U.S. Senator Thom Tillis (R-NC) displays a judiciary committee document while questioning Judge Brett Kavanaugh during his Supreme Court confirmation hearing before the Senate Judiciary Committee in the Dirksen Senate Office Building on Capitol Hill September 27, 2018 in Washington, DC. Kavanaugh was called back to testify about claims by Christine Blasey Ford, who has accused him of sexually assaulting her during a party in 1982 when they were high school students in suburban Maryland. (Photo by Jim Bourg-Pool/Getty Images)
Senate Judiciary Committee member Sen. Mike Lee (R-UT) questions U.S. Supreme Court nominee Brett Kavanaugh as he testifies before a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., on September 27, 2018. - University professor Christine Blasey Ford, 51, told a tense Senate Judiciary Committee hearing that could make or break Kavanaugh's nomination she was '100 percent' certain he was the assailant and it was 'absolutely not' a case of mistaken identify. (Photo by Andrew Harnik / POOL / AFP) (Photo credit should read ANDREW HARNIK/AFP/Getty Images)
WASHINGTON, DC - SEPTEMBER 27: Senate Judiciary Committee members (L-R) Sen. Ted Cruz (R-TX), Sen. Lindsey Graham (R-SC), Sen. Orrin Hatch (R-UT) and Chairman Charles Grassley (R-IA) talk at the conclusion of the Supreme Court confirmation hearing for Judge Brett Kavanaugh in the Dirksen Senate Office Building on Capitol Hill September 27, 2018 in Washington, DC. Kavanaugh was called back to testify about claims by Christine Blasey Ford, who has accused him of sexually assaulting her during a party in 1982 when they were high school students in suburban Maryland. (Photo by Win McNamee/Getty Images)
WASHINGTON D.C. - SEPTEMBER 27: Judge Brett Kavanaugh testifies to the Senate Judiciary Committee during his Supreme Court confirmation hearing in the Dirksen Senate Office Building on Capitol Hill September 27, 2018 in Washington, DC. Kavanaugh was called back to testify about claims by Christine Blasey Ford, who has accused him of sexually assaulting her during a party in 1982 when they were high school students in suburban Maryland. (Photo by Jim Bourg-Pool/Getty Images)
WASHINGTON, DC - SEPTEMBER 27: Supreme Court nominee Brett Kavanaugh is sworn in to testify before the Senate Judiciary Committee on Capitol Hill on September 27, 2018 in Washington, DC. Kavanaugh was called back to testify about claims by Dr. Christine Blasey Ford, who has accused him of sexually assaulting her during a party in 1982 when they were high school students in suburban Maryland. (Photo by Andrew Harnik - Pool/Getty Images)
Ashley Estes Kavanaugh, wife of Supreme Court nominee�Brett Kavanaugh, listens during a Senate Judiciary Committee hearing in Washington, D.C., U.S., on Thursday, Sept. 27, 2018. Kavanaugh�angrily, tearfully and 'unequivocally' denied sexually assaulting Christine Blasey Ford, after she told senators at a dramatic hearing that she's 'one hundred percent' certain he is the one who attacked her when they were teenagers. Photographer: Jim Bourg/Pool via Bloomberg
Senator Lindsey Graham, a Republican from South Carolina, speaks during a Senate Judiciary Committee hearing in Washington, D.C., U.S., on Thursday, Sept. 27, 2018. Supreme Court nominee�Brett Kavanaugh�angrily, tearfully and 'unequivocally' denied sexually assaulting Christine Blasey Ford, after she told senators at a dramatic hearing that shes 'one hundred percent' certain he is the one who attacked her when they were teenagers. Photographer: Andrew Harnik/Pool via Bloomberg
U.S. Senator Orrin Hatch (R-UT) listens to U.S. Supreme Court nominee Brett Kavanaugh testify before a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., on September 27, 2018. - University professor Christine Blasey Ford, 51, told a tense Senate Judiciary Committee hearing that could make or break Kavanaugh's nomination she was '100 percent' certain he was the assailant and it was 'absolutely not' a case of mistaken identify. (Photo by JIM BOURG / POOL / AFP) (Photo credit should read JIM BOURG/AFP/Getty Images)
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The FBI is conducting a one-week supplementary investigation after the Judiciary Committee cleared Kavanaugh's nomination on a party-line vote last week. NBC News reported that Ramirez spoke with the FBI on Sunday but that the agency is operating under White House constraints on the scope of its investigation and that Swetnick isn't on its list of witnesses to interview.

Mitchell acknowledged that the standard of proof in a nomination hearing is less daunting than in a criminal trial. But she said the allegations against Kavanaugh didn't even rise to a lesser "preponderance-of-the-evidence" standard.

She highlighted what she said were inconsistencies in Ford's memory of dates, events and details, including who invited her to the party where the alleged assault occurred, the address of the home where the party took place or how she got to the party.

Mitchell wrote that in her previous accounts of the alleged incident — particularly in notes of sessions with marriage and individual therapists in 2012 and 2013 — Ford struggled to identify Kavanaugh as the assailant by name.

Democrats and other opponents of Kavanaugh have contended that it was inappropriate to have a prosecutor question Ford in a nonjudicial setting and that Mitchell was chosen to avoid the spectacle of 11 Republican men challenging her story.

Mitchell wrote in her memo Sunday that "while I am a registered Republican, I am not a political or partisan person" and that no senator reviewed the memo before it was released.

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