The Potential Pros and Cons of Rachel Mitchell

In what appears to be a cowardly move, the Republican majority Senate Judiciary Committee has decided to bring in an outside female attorney to question Christine Blasey Ford on this Thursday regarding allegations that Supreme Court nominee Brett Kavanaugh sexually assaulted her in high school. The initial appearance is that the Committee, whose Republican members are all old white men, do not want a repeat of the optics from the hearing of Supreme Court Justice Clarence Thomas, where an all male panel – some of them the same old white men – aggressively questioned Anita Hill about her allegations of harassment by Thomas.

Yet there may be a number of benefits of this approach – benefits to Ford and to the truth.

Having a woman interview Ford may be less emotionally traumatic for Ford, the victim, than being surrounded by a group of old white men interrogating her. It is likely that this female attorney will be more capable of asking questions in a sensitive way.

More importantly, though, is the background of this particular female attorney, Rachel Mitchell. She is a sex crimes prosecutor with a track record of handling cases where the crime was committed years ago. Surely such an individual will have a degree of expertise that the Senators do not have regarding what questions to ask.

Mitchell’s ability to perform her responsibility here will be impaired by the Committee’s unwillingness to have the FBI include an investigation of these allegations in their background check of Kavanaugh. Prosecutors in court typically have the benefit of an attempt at fact-finding by law enforcement.

Mitchell’s political allegiance to hardcore Republican former Maricopa County Sheriff Joe Arpaio, as well as her appointment by a highly partisan Republican Senate Committee bent of pushing Kavanaugh through regardless of the facts, make her presence worthy of skepticism. However, if she can be balanced in her pursuit of the truth with both Ford and Kavanaugh, the results may be more humane and effective than if the task had been left to the likes of Committee members Chuck Grassley (R-IA), John Cornyn (R-TX), Mike Crapo (R-ID), Ted Cruz (R-TX), Jeff Flake (R-AZ), Lindsey Graham (R-SC), John Kennedy (R-IA), Orrin Hatch (R-UT), Michael Lee (R-UT), Ben Sasse (R-NB), and Thom Tillis (R-NC).

Perhaps the Democrats should consider bringing in their own prosecuting attorney with specific expertise in sex crimes as well.

– rob rünt

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