Harvard law professor emeritus Alan Dershowitz called the affidavit filed by attorney Michael Avenatti as "an embarrassment to the law."
"That affidavit is so deeply flawed and so open-ended that any good lawyer, any good defense attorney would be able to tear that apart in 30 seconds," Dershowitz said during an interview on Fox News. "It's an embarrassment to the law that anybody would file an affidavit like that filled with hearsay."
On Wednesday, Avenatti, the attorney representing adult film star Stormy Daniels, filed a declaration from a third woman, Jill Swetnick, who alleged sexual misconduct by Supreme Court nominee Brett Kavanaugh.
Swetnick claimed that Kavanaugh and his friend Mark Judge helped facilitate "train" rapes by spiking girls' drinks at parties in the early 1980s.
Kavanaugh has denied all of the allegations made against him. Judge has also denied the accusations.
What did the affidavit say?
In the document, Swetnick said she attended numerous house parties "between 1981-1983 where Kavanaugh and Judge were present."
She claimed that she witnessed them "drink excessively and engage in highly inappropriate conduct, including being overly aggressive with girls and not taking ‘No’ for an answer."
"This conduct included the fondling and grabbing of girls without their consent," according to the documents Avenatti posted on Twitter.
Swetnick goes on to say that she "witnessed efforts" by Kavanaugh, Judge, and others "to become inebriated and disoriented so they could then be 'gang raped' in a side room or bedroom by a 'train' of numerous boys."
My client Julie Swetnick is again demanding the opportunity to testify before the Committee and that an FBI investi… https://t.co/0MWldvt9H6— Michael Avenatti (@Michael Avenatti) 1538053303.0
"I have a firm recollection of boys lined up outside of rooms at many of these parties waiting for their 'turn' with a girl inside the room," according to the affidavit. "These boys included Mark Judge and Brett Kavanaugh."
Swetnick said in 1982, she became the "victim of one of these 'gang' or 'train' rapes" where Kavanaugh and Judge were present.
"During the incident, I was incapacitated without my consent and unable to fight off the boys raping me," she claimed. "I believe I was drugged using Quaaludes or something similar placed in what I was drinking."
The accuser said she told two others after the incident. The two people were not named in the documents.
What else did Dershowitz say?
Dershowitz said the affidavit was filled with hearsay and statements, such as "I was raped, but he didn't rape me."
Swetnick alleged that Kavanaugh was present when she was raped.
"Where was he?" Dershowtiz asked, pointing out that the document doesn't include that information,
The document said she had witnessed the train rapes at numerous parties, but she kept attending the parties.
Are there consequences for lawyers who file a false affidavit?
Dershowitz said there are many gaps in the document but he doesn't believe Avenatti would face professional consequences.
"I don't think it reaches that line," he said. "I want to know who drafted it. I want to know why they didn't fill in the gaps."