Justin Fairfax is not being Franken'd

[Jarqui]

104. I agree and never suggested otherwise that the police, a prosecutor or

a grand jury make the decision on whether to proceed with a criminal case or not.

Having said that, you do not have to be one of those to develop an opinion that this case is a "he said vs she said" MA claim and therefore, it is a claim severely lacking in evidence to proceed in criminal court.

We know that from the Washington Post making a substantial effort to look into it and being unable to even report the story at the outset after their investigation. And we know that from her recent statements on the matter that provided no more than what she had already provided to the Washington Post. The bar for reporting such a thing is much lower than the bar to decide to whether to proceed with a criminal case or not. She fell well short of that lower bar to publish the story. Fairfax's press release opened the door for publication and was a major error on his part.

As 14 years have passed and no claim was made for fourteen years, we have no physical evidence, no police report and no witnesses from back then at this point. Unless something almost magical happens in terms of evidence appearing, she doesn't have nearly enough to attain "beyond reasonable doubt" and therefore, no prosecutor is going to proceed with this case that they cannot win. It would be a waste of public resources.

He says it was consensual. She says it wasn't. That will not get you beyond reasonable doubt. Most people don't need the police or a prosecutor to understand that. If you're going to put someone in prison, you better have substantial evidence or it is a waste of time and resources. Now, one might say "let the police look at it". Maybe they already are - as a formality. But what chance to they have of turning up something WaPo couldn't after 14 years? Very unlikely.