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highplainsdem

(48,993 posts)
Fri Sep 28, 2018, 06:29 PM Sep 2018

Damn. Even if Ford allegations proven, Kavanaugh can't be charged because of OLD Maryland law





Apparent inconsistency between yesterday's Kavanaugh hearing ("in Maryland, there is no statute of limitations" ) and statement by the local police chief & prosecutor — "in 1982, assault and attempted rape were both misdemeanors and subject to a one-year statute of limitations."



https://www.washingtonpost.com/local/public-safety/amid-the-ford-kavanaugh-exchanges-have-the-local-police-been-asked-to-investigate/2018/09/27/7787d8c0-c297-11e8-a1f0-a4051b6ad114_story.html


And even if an accuser went to the local department, the statute of limitations appears to have long since passed for pursuing the allegations described in Thursday’s dramatic Senate Judiciary Committee hearing.

The most serious allegation that authorities could pursue, given the sworn testimony provided by Ford, would be attempted rape. But that was considered a misdemeanor in Maryland in 1982, and that would be the relevant legal standard.

As a misdemeanor, the offense carried a one-year statute of limitations, meaning charges would have had to be filed within a year of an incident, according to John McCarthy, Montgomery County’s longtime chief prosecutor. Lisae C. Jordan, the executive director and counsel for the Maryland Coalition Against Sexual Assault, and other longtime Maryland lawyers interviewed in recent days concurred.

The Maryland legislature changed the law in 1996, making attempted rape a felony and removing the statute of limitations, according to McCarthy and Jordan.

“But we’d have to apply the law as it existed at the time of the allegations,” McCarthy said.

Other possible charges, such as second-degree assault, remain misdemeanor offenses in Maryland and subject to a one-year statute of limitations, McCarthy said.
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Damn. Even if Ford allegations proven, Kavanaugh can't be charged because of OLD Maryland law (Original Post) highplainsdem Sep 2018 OP
Federal perjury charges would be the best we can get. hlthe2b Sep 2018 #1
There's Julie Swetnick and Likely Others dlk Sep 2018 #2
What about kidnapping? torius Sep 2018 #3
But, he can be impeached for lying about it. TreasonousBastard Sep 2018 #4
Proves Kavanaugh is too stupid to be on the SCOTUS marylandblue Sep 2018 #5
there is a 100 grand payment if perjury can be proven questionseverything Sep 2018 #8
I can't believe it took so long for this to come out. I bet the Statute of Limitations has run on rzemanfl Sep 2018 #6
He could be denied the SC, be stripped of his seat on DC court, and NCjack Sep 2018 #7
If it keeps him off the SCOTUS ... GeorgeGist Sep 2018 #9

torius

(1,652 posts)
3. What about kidnapping?
Fri Sep 28, 2018, 06:34 PM
Sep 2018

And the covering her mouth--and reckless endangerment (putting his weight on top of her, plus Mark Judge doing that too).

marylandblue

(12,344 posts)
5. Proves Kavanaugh is too stupid to be on the SCOTUS
Fri Sep 28, 2018, 06:40 PM
Sep 2018

If he simply admitted he drank too much or that it was a misunderstanding, he would have been fine. But he insisted there was no party and he didn't drink underage, so he committed perjury.

rzemanfl

(29,565 posts)
6. I can't believe it took so long for this to come out. I bet the Statute of Limitations has run on
Fri Sep 28, 2018, 07:31 PM
Sep 2018

the gang rapes too.

NCjack

(10,279 posts)
7. He could be denied the SC, be stripped of his seat on DC court, and
Fri Sep 28, 2018, 07:41 PM
Sep 2018

have to go home and live with his wife. That would barely be enough to satisfy me. But some "lock-him-up" would be nice.

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