FBI investigators should carefully examine a woman's affidavit accusing Supreme Court justice nominee Brett Kavanaugh of being involved in gang rape parties, and should question her attorney, Michael Avenatti, about the witnesses his client says she has to confirm her claims, Harvard Law professor emeritus Alan Dershowitz said Monday.
"Avenatti should waive any lawyer-client privilege and let the FBI find out what the original story was," Dershowitz told Fox News' "Fox and Friends" about the claims made by Avenatti's client, Julie Swetnick. "That is the most serious one, charging him with gang rape...if it turns out that was made up out of whole cloth, it puts the lie to the notion that you should believe all victims, that no woman ever lies."
If the FBI can learn what Swetnick's original story was, they can also learn if she changed it based on her coordination with Avenatti or others, said Dershowitz.
Dershowitz also dismissed the idea that Kavanaugh's confirmation proceedings are a "job interview," as he is accused publicly of specific, focused crimes that could destroy his career.
"Imagine if the situation were different?" said Dershowitz, while discussing an opinion piece he wrote for The Wall Street Journal on the topic. "Imagine if a liberal Democrat president appointed the first Muslim-American to the Supreme Court, somebody said, oh, yeah, I remember he was a terrorist when he was 17. The ACLU would be all over this case. No, you can't presume guilt of terrorism."
But when it is a "white man being accused" of sexual offenses, "all the rules are called off," said Dershowitz. "We know he is guilty because he is a white man, she's a woman, she is a survivor. That is the end of the inquiry."
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