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)