In the legal context, here is my bottom line: A “he said, she said” case is incredibly difficult
to prove. But this case is even weaker than that. Dr. Ford identified other witnesses to the
event, and those witnesses either refuted her allegations or failed to corroborate them. For
the reasons discussed below, I do not think that a reasonable prosecutor would bring this
case based on the evidence before the Committee. Nor do I believe that this evidence is
sufficient to satisfy the preponderance-of-the-evidence standard.
Dr. Ford has not offered a consistent account of when the alleged assault happened.
• In a July 6 text to the Washington Post, she said it happened in the “mid 1980s.”
• In her July 30 letter to Senator Feinstein, she said it happened in the “early 80s.”
• Her August 7 statement to the polygrapher said that it happened one “high school
summer in early 80’s,” but she crossed out the word “early” for reasons she did not
explain.
• A September 16 Washington Post article reported that Dr. Ford said it happened in the
“summer of 1982.”
• Similarly, the September 16 article reported that notes from an individual therapy session
in 2013 show her describing the assault as occurring in her “late teens.” But she told the
Post and the Committee that she was 15 when the assault allegedly occurred. She has not
turned over her therapy records for the Committee to review.
• While it is common for victims to be uncertain about dates, Dr. Ford failed to explain
how she was suddenly able to narrow the timeframe to a particular season and particular
year.
Dr. Ford has struggled to identify Judge Kavanaugh as the assailant by name.
• No name was given in her 2012 marriage therapy notes.
• No name was given in her 2013 individual therapy notes.
• Dr. Ford’s husband claims to recall that she identified Judge Kavanaugh by name in
2012. At that point, Judge Kavanaugh’s name was widely reported in the press as a
potential Supreme Court nominee if Governor Romney won the presidential election.
• In any event, it took Dr. Ford over thirty years to name her assailant. Delayed disclosure
of abuse is common so this is not dispositive.
When speaking with her husband, Dr. Ford changed her description of the incident to become
less specific.
• Dr. Ford testified that she told her husband about a “sexual assault” before they were
married.
• But she told the Washington Post that she informed her husband that she was the victim
of “physical abuse” at the beginning of their marriage.
• She testified that, both times, she was referring to the same incident.
Dr. Ford has no memory of key details of the night in question—details that could help
corroborate her account.
• She does not remember who invited her to the party or how she heard about it.
• She does not remember how she got to the party
She does not remember in what house the assault allegedly took place or where that
house was located with any specificity.
• Perhaps most importantly, she does not remember how she got from the party back to her
house.
o Her inability to remember this detail raises significant questions.
o She told the Washington Post that the party took place near the Columbia Country
Club. The Club is more than 7 miles from her childhood home as the crow flies,
and she testified that it was a roughly 20-minute drive from her childhood home.
o She also agreed for the first time in her testimony that she was driven somewhere
that night, either to the party or from the party or both.
o Dr. Ford was able to describe hiding in the bathroom, locking the door, and
subsequently exiting the house. She also described wanting to make sure that she
did not look like she had been attacked.
o But she has no memory of who drove her or when. Nor has anyone come forward
to identify him or herself as the driver.
o Given that this all took place before cell phones, arranging a ride home would not
have been easy. Indeed, she stated that she ran out of the house after coming
downstairs and did not state that she made a phone call from the house before she
did, or that she called anyone else thereafter.
• She does, however, remember small, distinct details from the party unrelated to the
assault. For example, she testified that she had exactly one beer at the party and was
taking no medication at the time of the alleged assault.
Dr. Ford’s account of the alleged assault has not been corroborated by anyone she identified as
having attended—including her lifelong friend.
• Dr. Ford has named three people other than Judge Kavanaugh who attended the party—
Mark Judge, Patrick “PJ” Smyth, and her lifelong friend Leland Keyser (née Ingham).
Dr. Ford testified to the Committee that another boy attended the party, but that she could
not remember his name. No others have come forward.
• All three named eyewitnesses have submitted statements to the Committee denying any
memory of the party whatsoever. Most relevantly, in her first statement to the Committee,
Ms. Keyser stated through counsel that, “imply put, Ms. Keyser does not know Mr.
Kavanaugh and she has no recollection of ever being at a party or gathering where he was
present, with, or without, Dr. Ford.” In a subsequent statement to the Committee through
counsel, Ms. Keyser said that “the simple and unchangeable truth is that she is unable to
corroborate [Dr. Ford’s allegations] because she has no recollection of the incident in
question.”
o Moreover, Dr. Ford testified that her friend Leland, apparently the only other girl
at the party, did not follow up with Dr. Ford after the party to ask why she had
suddenly disappeared.