Molly Prince, DCNF
- Sen. Ted Cruz used his legal background to review evidence related to assault allegations against Supreme Court nominee Brett Kavanaugh, based on how it would be done in a court of law.
- Cruz focused on the importance of the written testimony from accuser Christine Blasey Ford’s close friend Leland Keyser
- Cruz illustrated how Kavanaugh does not fit the profile of someone alleged to have committed the sexual assault described by Ford.
Republican Sen. Ted Cruz of Texas dismantled the argument against confirming Judge Brett Kavanaugh to the Supreme Court by systematically evaluating the evidence that was presented to the Senate Judiciary Committee in a way that would be done in a court of law.
“How do the American people resolve the discrepancy when you have two witnesses that testify to things diametrically opposed?” Cruz asked Friday in front of the committee, acknowledging the conflict in testimony between Kavanaugh and Christine Blasey Ford, the woman accusing Kavanaugh of sexual misconduct more than 35 years ago. “Well, the only way I know to — and this is how a court of law operates, this is how most reasonable people operate — is when you have conflicting testimony you look to what does the rest of the evidence demonstrate.”
Ford named three individuals as witnesses who she contended could corroborate her account of events, however all three, in written statements, denied any knowledge of the incident in question.
“Not only do they not corroborate her story, all three of the named fact witnesses explicitly refuted her story,” Cruz continued. “And they did so under penalty of perjury.”
Cruz focused on a certain witness, Leland Keyser, a close friend of Ford, noting that her testimony is the most revealing since she had no incentive to lie when she denied any recollection of Kavanaugh or the alleged event.
“Dr. Ford testified yesterday that Ms. Keyser texted her after submitting that statement to say she was sorry, sorry for not backing up her story. I think that indicates powerfully that her incentives, that if all possible, were to back up the story and yet she didn’t feel she could,” Cruz said. “She had no incentive, no motive to lie. Every incentive to agree with Dr. Ford’s story and yet she did not do so.”
The Texas senator also emphasized the importance of the only physical evidence presented: Kavanaugh’s calendars.
“I’ll tell you, in a court of law that kind of contemporaneous evidence [like his calendars] would be powerful,” Cruz explained. “If you’re trying to ascertain two conflicting witnesses and which one is telling the truth, you would look for contemporaneous evidence one way or the other.”
While Ford said that she cannot remember details of the alleged incident including the time, place or location, Kavanaugh’s calendar shows a busy schedule during the summer in question.
Cruz also highlighted the profile of a person who is likely to commit such acts as Kavanaugh is alleged to have done, and juxtaposed it with the type of person Kavanaugh is characterized by those who know him to be.
“We know Judge Kavanaugh’s impeccable record of decades of public service. He’s 53 years old and prior to two weeks ago, there have been no allegations whatsoever of this kind,” Cruz said. “Six FBI background checks, detailed, thorough FBI background checks, nobody raised any claims like this.”
“Now all of us know from human experience that if someone is a sexual predator, if someone is committing the kind of actions that have been alleged, that it is very rare if they are a one time offender — that if someone is carrying out this kind of conduct, they typically have a pattern of doing so over and over and over again,” Cruz said. “There’s no credible indication that that’s occurred.”
Cruz has an extensive legal career, which includes being solicitor general for the state of Texas.
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