Prosecutor: There Would Not Be Enough Evidence to Even Obtain Search Warrant in Kavanaugh Case

Rachel Mitchell questions Christine Blasey Ford during a Senate Judiciary Committee hearing / Getty Images
September 28, 2018

Rachel Mitchell, the chief of the Maricopa County attorney’s office Special Victims Division, told Republican senators Thursday night that she would not have prosecuted Brett Kavanaugh or even have been able to obtain a search warrant.

New York Times reporter Nicholas Fandos tweeted that he heard Mitchell's comments from three Republicans.

"Rachel Mitchell, Republican’s outside questioner, privately told GOP senators tonight that based on the evidence she heard at the hearing, she would not have prosecuted or even been able to obtain a search warrant, according to three Republicans," Fandos wrote in a tweet.

Mitchell was hired by Republicans on the Senate Judiciary Committee to ask questions to Kavanaugh accuser Christine Blasey Ford. Ford told the Washington Post that Kavanaugh, then a junior in high school, attacked her when they were at a party in Maryland in the early 1980s. She alleged Kavanaugh forced her onto a bed, groped her, and tried to remove her clothes while he was heavily intoxicated, all while his friend Mark Judge watched. She said she managed to escape after Judge jumped on them, sending them tumbling and giving her an opportunity to get out of the room.

Kavanaugh, during an impassioned opening statement, denied Ford's allegation along with the other allegations he has faced.

Ford doesn't remember the place or the date when the alleged incident occurred but states it happened in the summer of 1982 and that she's "100 percent" confident that Kavanaugh assaulted her. Ford has also named three individuals, in addition to Kavanaugh, who she says were at the party in question. All three individuals have denied attending a gathering as the one Ford describes.

In 2012, Ford described the assault to her therapist but has refused to authorize the release of the notes the therapist took. There have been reports there are discrepancies between Ford's letter that she sent to Sen. Diane Feinstein (D., Calif.) and the therapist notes, particularly when it comes to who was at the party. Ford said during testimony Thursday that the therapist made a mistake in her notes in saying four men were involved in the assault. She added that while she could confidently say there were at least four others who attended, in addition to herself and Kavanaugh, she could not guarantee there weren't others.  Ford did release the results of a polygraph test she took in August, where she was determined to be telling the truth. However, the polygraph notes also have discrepancies when compared to Ford's letter.

Mitchell asked Ford an array of questions that revealed small details of the alleged assault like Ford not remembering how she got home from the party to about how Ford came forward publicly with her accusation.