VIDEO: Brad Micklin Weighs in on Accusations Against Kavanaugh

Video Transcript

Speaker 1: To help us break down the legal aspects of all of this, trial attorney, Brad Micklin.

Brad, the Senate is not a courtroom, but this certainly looks like it’s going to be a trial. You’re a lawyer, we’ve got no corroborating evidence on both sides, we’ve got the testimony that both sides are going to say tomorrow, they’ve already put that out, the prepared testimony. As a lawyer, what would you be looking for?

Brad Micklin: Well, it’s a challenging question in a case like this, there’s always a balancing interest. The victims that are coming forward, they have rights to be protected and to have their time in court and to be heard and even in this process. But so do the accusers, Brett Kavanaugh and his family. They also have a right to be heard, they have a right to be defended and we can’t lose sight of the fact that our country promises innocent until proven guilty and that’s going to be the first thing that I think we need to look at.

Speaker 1: What would due process actually look like for both sides?

Brad Micklin: Well that’s another challenging question because it depends where we are. In the confirmation hearing some people questioned whether or not it’s even appropriate to be talking about these issues. If there were assaults, there’s a criminal process. I believe in Maryland where the first allegation from Dr. Ford originated, has no statute of limitations on certain sexual assaults, so due process would be in that forum. So depending on what we hear tomorrow, not really sure where the next step will be.

Speaker 1: Brad, last question to you. One of the accusers has signed an affidavit. How does that change things?

Brad Micklin: Well it puts a little more seriousness behind it, although I didn’t get to actually see what the affidavit stated but it’s putting under oath of penalty of perjury where a lot of the allegations that we’ve seen, where they originated from as well as the ones that surfaced just recently, are by other people. They’re coming out either through their attorneys or through their spokesperson. We haven’t had too many people that actually testified which is tomorrow’s going to be such a crucial hearing.

Speaker 1: Oh and we’re all going to be watching that certainly as is the President of the United States who mentioned that several times at that press conference. Stan [Ravine 00:01:48], Steve [Langford 00:01:49], Brad Micklin, thank you all for joining us on this.

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