On "Fox & Friends" on Friday, Alan Dershowitz said the "most disturbing" thing about the controversy surrounding Supreme Court nominee Judge Brett Kavanaugh is seeing people on television immediately accept Kavanaugh's sexual assault accuser as a victim and Kavanaugh as a perpetrator.

California professor Christine Blasey Ford has publicly accused Kavanaugh of attempted rape at a house party in the early 1980s when they were both high school students in Maryland.

Dershowitz, a Harvard Law professor emeritus, took issue with the fact that many lawmakers, pundits and celebrities have apparently assumed that Ford's allegation is 100 percent accurate.

"Are women born with a special gene for telling the truth and men with a special gene for lying?" Dershowtiz asked. "I don't believe her. I don't believe him. I have an open mind. I want to hear both sides of the story and make a determination."

"That's what the American system of justice is all about."


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Dershowitz also reacted to Rachel Maddow's assertion that Kavanaugh could lose his Supreme Court seat even if he is confirmed.

Maddow made the claim on Thursday, arguing that Kavanaugh could be removed from the high court if Ford ever decided to press charges and a criminal attempted rape investigation led to an indictment in Maryland.

“There is no statute of limitations for a felony like this in Maryland,” Maddow said, noting that there is also no law or Justice Department policy against indicting a sitting Supreme Court justice.

“She could, at any point, make that criminal complaint to the police in Maryland,” she said. “Such a complaint count start a criminal investigation conceivably of a sitting Supreme Court justice for felony attempted rape."

Dershowitz said that it's "theoretically" possible that Kavanaugh could be prosecuted more than 35 years after the alleged incident, but that has never happened in the history of the United States -- or in any Anglo-American legal system.

He pointed out that there is no evidence to back up Ford's allegation, and that her accusation does not rise to the level of "attempted rape" based on how the law is written in Maryland. 

Dershowitz added that Kavanaugh has categorically denied Ford's claims, which sets up a he said-she said scenario.


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