So much for the FBI having nothing on Brett Kavanaugh
Many Republicans have insisted that the recent round of allegations and concerns expressed during the Brett Kavanaugh nomination process are baseless because six prior FBI reports found nothing. The Senate Judiciary Democrats have issued a letter in response to Chairman Chuck Grassley refuting that assertion. In two tweets from @senjudiciary, Republicans posted on October 2, 2018, the following:
“As part of Judge Kavanaugh’s nomination to #SCOTUS, the FBI conducted its SIXTH full-field background investigation of Judge Kavanaugh since 1993. As part of these 6 prior FBI investigations, the FBI interviewed nearly 150 different people who know Judge Kavanaugh personally … Nowhere in any of these six FBI reports, which the committee has reviewed on a bipartisan basis, was there ever a whiff of ANY issue – at all – related in any way to inappropriate sexual behavior or alcohol abuse.”
In a letter on October 3 signed by the Judiciary Committee Democrats, they stated that they reviewed the “confidential background investigation of Judge Kavanaugh” and while limited because of confidentiality, “there is information in the second post that is not accurate. We urge you to ensure that these Twitter posts are promptly corrected.”
The letter from the Judiciary Committee Democrats suggests something was in the prior reports about one or both topics. What we do not know, but it would not be surprising, is that the FBI has already found something major and incriminating on Kavanaugh. As we have learned throughout this process, the FBI merely reports to the President or Senate, and they make the decisions. It could also be minor comments or statements about Kavanaugh and his drinking or something else. But it’s not nothing.
Daniel is a lawyer writing and teaching about SCOTUS, and is the author of the book “The Chief Justices” about the SCOTUS as seen through the center seat.