Montgomery County police decline to investigate Brett Kavanaugh without complaint from accuser

The police department in Brett Kavanaugh’s Maryland hometown said that they will not honor a request from the Democrats to open a criminal investigation into alleged sexual assault by the Supreme Court nominee.

The Montgomery County Police Department and state’s attorney explained in a letter on Friday to the Maryland Democrats that they will not investigate Kavanaugh without a formal complaint from an accuser.

In their letter, Montgomery County Police Chief J. Thomas Manger and Montgomery County State’s Attorney John McCarthy said they were prepared to investigate any complaint if a victim files one — but added that prosecution is unlikely, given that the statute of limitations has expired since the assault allegedly took place in 1982.

Complaint needed

Eleven Maryland Democrats wrote to the state on Tuesday to “express our concern about the need for an investigation into recent high-profile allegations of sex assault in our county.” They wrote: “We believe local law enforcement has the authority to investigate allegations of crimes without need for a formal complaint, and we further believe third parties have standing to bring such complaints.”

But the police department cited a “victim-centered” protocol that requires victims to step forward themselves before opening an investigation, writing: “The decision to report the crime of sexual assault or rape to law enforcement is a deeply personal one and a decision that must be made by the survivor.

“To date, there have been no criminal reports filed with the Montgomery County Department of Police that would lead to the initiation of any criminal investigation related to Judge Kavanaugh,” they added.

Ford has accused Kavanaugh of sexually assaulting her at a high school party in Montgomery County when they were both teenagers in the 1980s. Ford and Kavanaugh both testified before the Senate Judiciary Committee on Thursday.

Investigation unlikely

The reply from the Maryland authorities came the same day that President Donald Trump ordered a week-long FBI investigation into Kavanaugh, buckling to demands from the Democrats and Arizona Sen. Jeff Flake (R).

In their response, the chief of police and state’s attorney said they would be willing to open an investigation — but a probe was unlikely because they would have to go by the laws in 1982.

“For example, in 1982, assault and attempted rape were both misdemeanors and subject to a one-year statute of limitations,” they wrote.

They added: “The Montgomery County Police Department and the Montgomery County State’s Attorney’s Office stand ready to investigate any sexual assault allegation from any victim where the incident occurred in our jurisdiction.”

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There was never any investigation because Ford never went to the police. If the Democrats want justice, they should allow Ford to file a complaint herself — not exploit her allegation for political reasons.

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