Monday, October 1, 2018

Mark Judge, the alleged third party in the room during Brett Kavanaugh sexual assault, likely will invoke Fifth Amendment protection to avoid incriminating himself

Brett Kavanaugh
Mark Judge, the high school classmate who allegedly was present when Trump Supreme Court nominee Brett Kavanaugh sexually assaulted Christine Blasey Ford, likely will hide behind the Fifth Amendment to avoid answering questions from the FBI, a Schnauzer legal analyst says. In fact, our expert saw signs over the weekend that Judge already is planning to invoke his right not to incriminate himself.

Our analyst graduated from one of the top law schools in the country, and we have relied on his expertise in a number of posts over the years. He says it's highly unlikely Judge actually will answer certain key questions from the FBI, and that could have a negative impact on Kavanaugh's nomination -- at least in the court of public opinion. Here is our expert, in his own words, from an email written last Friday:

For more than a week now, people have been asking why the Senate Judiciary Committee's majority members and Trump did not want this F.B.I. "follow up" investigation.

And, for more than a week, I've been saying there's at least one VERY SIMPLE REASON why they did not want an F.B.I. investigation. And, it's the same reason the majority members refused to issue a Senate subpoena ordering Mark Judge to appear yesterday to give testimony.

It's as simple as the Fifth Amendment to the Constitution of the United States.

Here's what's going to happen and here's my tip. I'm 99.99 percent CERTAIN that as the F.B.I. is at this very moment preparing to visit Mark Judge and to interview him, Mark Judge is going to refuse to answer any questions. Mark Judge will take the Fifth, no question about it.

If that happens, how will it look for Kavanaugh? Very bad, says our expert:

That optic alone will pretty much implode Judge Kavanaugh's chance to ascend to the Supreme Court. Dr. Ford provides compelling and highly credible testimony to the SJC yesterday, and then, when the F.B.I. interviews Judge, he takes the Fifth. In other words, Kavanaugh's good friend Mark Judge, who was allegedly in that bedroom with Ford and Kavanaugh is going to invoke his right to remain silent in order NOT to incriminate himself. WOW. It's already looking bad for Mark Judge for the F.B.I. to get involved, and this F.B.I. investigation has hardly started.

Here's something else. In most jurisdictions, there are certain crimes that have no statute of limitations. Murder, of course, is the most common crime that has no statute of limitations. However, several states have other serious crimes to which there is no statute of limitations. In many states, there is no statute of limitations for rape or attempted rape. It's my understanding the sexual assault Dr. Ford alleges Brett Kavanaugh committed against her has NO statute of limitations in Maryland.

We also know that if a 17-year-old black boy in Maryland had pushed 15-year-old Christine Ford into a bedroom and threw her on a bed and jumped on top of her and tried to remove her clothes, that black boy would have been thrown in prison for a very long time. So this allegation of sexual assault by Dr. Ford against Brett Kavanaugh is still very serious today, even if it happened 36 years ago.

In short, Judge has to think about his own criminal liability -- and about what others are likely to tell the FBI regarding his actions during that 1980s time period:

Furthermore, Mark Judge will also invoke the 5th to avoid self-incrimination in light of his former girlfriend reporting that Judge once admitted to her that he and high school friends had sex with one or more girls when they were drunk or had been drugged. . . .

Mark Judge
I spoke with a few ordinary folks today at Barnes and Noble, and their views reminded me that a huge majority of Americans who may be following this drama have somewhat limited and superficial ideas about what the issues are really all about. A very nice and thoughtful 53-year-old woman told me this afternoon that she saw it simply as a question of whether Brett Kavanaugh should be denied a seat on the Supreme Court for something stupid he did in high school. As she put it, we all did stupid things in high school. She and many other simpletons just don't seem to get that today's problem for Kavanaugh is that he may have committed several acts of perjury while giving testimony to the U.S. Senate. And that is today's crime, not something criminal nearly four decades ago.

My point. We have a lot of people out there who think very simply. HOWEVER, it's those same simple-minded people who are going to be troubled as soon as it's reported that Kavanaugh's good friend, and the other boy alleged to have been in that room with Ford and Kavanaugh, refuses to speak and has exercised his right not to incriminate himself. That's something that simple people believe is indicative of wrongdoing and criminality and attempting to hide and conceal the truth.

U.S. Senator Sheldon Whitehouse (D-RI) said this afternoon, with regard to Kavanaugh, that the truth has a "funny" way of eventually coming out. And he spoke with notable assurance that ultimately, the truth is going to catch up to Kavanaugh.

Our expert already has a pretty good track record of predicting twists and turns in the Kavanaugh hearing:

Still, I have watched all this drama pretty well and have made some accurate predictions that have come true. During the lunch break yesterday, I predicted to my wife that in the SJC's afternoon session, Senator Lindsey Graham would reclaim his 5 minutes and kick the woman questioner to the curb and launch a tirade and, boy, did I call that one accurately. I think it's virtually impossible that Mark Judge will do anything other than invoke his right not to say anything that might incriminate himself. Then, it's just simpletons who will have to think about birds that flock together. And, Brett Kavanaugh is hoping that most simpletons will never know what the urban slang phrase "Devil's Triangle" really means. (It actually means a threesome that involves two males and one female).

What about those steps Judge already has taken indicating he's thinking along Fifth Amendment lines? We will examine that in an upcoming post.

(To be continued)


Anonymous said...

Why did he submit the calendar that documents a possible time and place?

Anonymous said...

I'm sure that not all prep school students participated in the activities alleged in various accounts, however it seems that a certain percentage did. And perhaps still do. It is hard to understand, in my southern, white-bread, suburban upbringing that such people, with such neglectful parents, existed, and perhaps, still exist. Those upper class country club privileged folks might forever more be viewed with suspicion, did they participate in such activities in their youth or did they enable their sons to do such things? The stories surrounding the Beach Week vacations, where someone (an adult of course) rented a house at the beach for untold numbers of teenagers to party without any adults present or accountable seems at first blush to be poor judgment. But in light of current allegations those weeks must have been truly hedonistic. It seems wise for investigators (journalists and perhaps law enforcement) to continue to look into the culture that has spawned these accounts.

Zacherydtaylor said...

This would explain why they're trying to restrict the scope of the investigation. If you're correct, then whether or not he pleads the fifth may depend on how well the politicians can control and restrict the interview to give him a chance to avoid pleading the fifth.

The bigger mystery is why they're pushing so hard on this insane nomination, which should have been withdrawn. One or two GOP Senators could have spoken up and ended it, it's that close.

Kavanaugh was wrong about the reason this was out of the "Twilight Zone" but he was right about it being out of the "Twilight Zone."

legalschnauzer said...


Why are they pushing so hard on this insane nomination? That is the big question, and here is my guess: Trump and Kavanaugh are both so corrupt that they likely reached a quid pro quo agreement for Kavanaugh to side with the president on any questions re: the Mueller investigation that reach SCOTUS. That probably is why the White House is trying to limit the scope of FBI investigation.

Anonymous said...

Sounds like you've got a pretty good legal analyst there. I think he is on target.

legalschnauzer said...

@10:01 --

Yes, we think he's very sharp. We call him "The Ozark Mountain Legal Analyst."

Jedd Clampett and Jethro Bodine were clients before they struck oil and moved to Beverly Hills.

Anonymous said...

So, you're relying on a hillbilly lawyer?

What is the outstanding law school he attended? The University of Hooterville?

legalschnauzer said...

He went to law school at U of Virginia.

Did his undergrad at Hooterville Tech, which is big rival of U of Hooterville.

Anonymous said...

U.S. Senator Ted Cruz also agrees with your legal analyst. Cruz suggests that if the senate judiciary committee had ordered Mark Judge to appear before the committee and give testimony, that Mark Judge would have pleaded the fifth. Cruz also says that if Mark Judge is ordered by Congress to appear and give testimony, that Mark Judge almost certainly will plead the fifth amendment privilege against self incrimination. Here's the Cruz link,

It's my understanding Cruz also attended a top law school and is a very smart lawyer. It will be interesting to see how all of this plays out.

Anonymous said...

Don't think Mark Judge will fall on his sword to protect his good drinking buddy, Brett.

Anonymous said...

"Look at that big brain on Brett!"

Zacherydtaylor said...

Roger, according to Ockam's Razor simple answers like yours might be more likely; however, I suspect they might not add up if you think them through, so when ruling flawed ones out it might be necessary to consider more complicated theories.

I'll get back to you with one soon, that you might think comes out of the "Twilight Zone," which is much bigger, and might give you a laugh even if you don't believe it.

Anonymous said...

Calendars. SNL used the word "creepy" to describe the calendars. It is creepy. If Kavanaugh is indeed a serial rapist as alleged by others, then the calendars make some sort of sense. Most serial rapists keep some sort of trophy of their "conquests". The calendars might be his trophies. I wonder what other years might show.

Anonymous said...

Fact-checking Trump's Daily BS: Trump is incorrect, since Yale College doesn't calculate class rank or standing, and neither does Yale Law School.
In his undergraduate studies at Yale, Kavanaugh graduated “cum laude,” the lowest Latin honors given to students. Students with higher grades than Kavanaugh would graduate “magna cum laude,” while the best students would graduate “summa cum laude.”
IMHO, this is all about Kavanaugh's involvement with Dick Cheney and torture memos after 9/11. George W. has been madly working the phones to pound on moderate Repugs and keep them in line.

Anonymous said...

I'm surprised the Southern fellow doesn't understand the prep school culture. It is basically the sorority and fraternity culture that dominates the Southern colleges.