Consider the following, undisputed facts about her testimony and the evidence she’s provided. Not one of the witnesses that she’s put forward have backed her version of events – not even her own friends. At best they’ve said they have no recollection of the party. Her friend, Leyland Keyser, went further, declaring through her attorney that “Simply 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.”
Moreover, Dr. Ford herself has provided conflicting accounts of her age at the time of the attack and the number of attendees at the party. Even the evidence of the details of the attack isn’t uniform. Her therapists’ notes allegedly indicate that four boys were present, not just Kavanaugh and Judge. She claims these notes are erroneous, but contemporaneous notes of a conversation are almost always far more reliable than a years-later recollection of that same conversation.
Dr. Ford’s conduct since coming forward has also been disturbing. When making a serious claim against another person, it is the obligation of the accuser to come forward with evidence. Instead, she has withheld evidence – including her complete therapists’ notes and the complete polygraph record. She has defied the Senate Judiciary Committee and refused to fully cooperate with its investigation. In a civil litigation context, the persistent refusal to hand over relevant evidence can lead to dismissal of a plaintiff’s claim. In this context, it should at the very least lead to a negative inference about the contents of the withheld evidence.