#2435 (9/20) "Calls for New FBI Probe of Kavanaugh Have NO Precedent"

"CALLS FOR NEW FBI PROBE HAVE NO PRECEDENT" - Fred Lucas / @FredLucasWH / September 19, 2018 / https://www.dailysignal.com/2018/09/19/calls-for-new-fbi-probe-of-kavanaugh-have-no-precedent/

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     An FBI inquiry into a California woman’s allegation against Supreme Court nominee Brett Kavanaugh would be highly unusual, but wouldn’t necessarily delay a Senate vote on confirmation, legal experts said.

Christine Blasey Ford, a professor of clinical psychology at Palo Alto University in California, alleges that Kavanaugh attempted to sexually assault her when the two were teenagers in suburban Maryland in the early 1980s. The Senate Judiciary Committee was scheduled to reconvene Monday to hear from both Ford, 51, and Kavanaugh, 53, a judge on the U.S. Circuit Court of Appeals for the District of Columbia since 2006. But Tuesday night, Ford’s lawyer asked for an FBI investigation into the matter before Ford would talk to the committee.

     “Dr. Ford’s request is in reverse order,” Michael J. Clark, a former 22-year FBI agent, told The Daily Signal. “If she does not come forward for a Senate hearing, the Senate is chasing its tail.” Clark, who lectures in the criminal justice department of the University of New Haven, said the Senate then could decide to ask the FBI to look at the matter further. “She should testify so senators can determine if she is credible,” Clark said. “If Dr. Ford provides information in a private or public setting, the Senate Judiciary Committee will hash this out to determine if they want to ask the FBI for additional background information.”

Any additional FBI probe would only be in the context of the Senate confirmation process, as Ford hasn’t alleged Kavanaugh committed a federal crime, the only criminal matter the FBI may investigate. Only the Montgomery County Police Department, presuming the alleged incident occurred in its jurisdiction, could launch a criminal probe. But the county police have said they would not investigate unless Ford filed a complaint.

     When doing background investigations for a Supreme Court nominee, the FBI interviews hundreds of individuals, Clark said, including past employers, past and present co-workers, past college professors and classmates. The interviews produce findings “several feet thick” for the White House, without conclusion, he said. The FBI’s background investigations even for district court nominees are exhaustive with dozens of interviews, Clark said. But, it is strictly information gathering.

    In a legal context, it would be difficult to launch an investigation, said Sidney Powell, a former federal prosecutor who was chief of the appellate divisions in the Western District of Texas and Northern District of Texas. “She may not want to go under oath because there isn’t enough information to say anything,” Powell told The Daily Signal, referring to Ford. “There wouldn’t be enough evidence for an investigation, much less a prosecution” in a criminal justice setting, Powell said.

     This might be complex politically, but it’s a simple legal matter, said Ron Hosko, a former assistant director of the FBI and 30-year veteran of the bureau. “You don’t need FBI agents to ask these questions,” Hosko told The Daily Signal. “Senators could do this. More than half of them are already lawyers.” The FBI process is geared toward compiling information in a confidential way to prompt people to speak more freely. Now that Ford’s allegations are in the public arena, however, there is no longer a need for a confidential FBI investigation when a Senate investigation is more appropriate, Hosko and others said.

     If the FBI did probe the matter, it likely could do the job in a day over the phone by interviewing Ford, Kavanaugh, and Kavanaugh classmate Mark Judge, who Ford said was in the room when the alleged assault happened. Kavanaugh and Judge both have denied the allegation. “If she could describe the building, or other people she spilled this to, this could require more follow-up,” Hosko said.

Senate Judiciary Chairman Charles Grassley, R-Iowa, explained the process of an FBI background check in a letter to Ford’s lawyers, Debra Katz and Lisa Banks: "The FBI does not make a credibility assessment of any information it receives with respect to a nominee. Nor is it tasked with investigating a matter simply because the Committee deems it important. The Constitution assigns the Senate, and only the Senate, with the task of advising the President on his nominee and consenting to the nomination if the circumstances merit. We have no power to commandeer an Executive Branch agency into conducting our due diligence. The job of assessing and investigating a nominee’s qualifications in order to decide whether to consent to the nomination is ours, and ours alone. …"
     "I sincerely hope that Dr. Ford will accept my invitation to do so [address the committee], either privately or publicly, on Monday. In the meantime, my staff would still welcome the opportunity to speak with Dr. Ford at a time and place convenient to her."

     Tuesday morning, President Donald Trump told reporters: “The FBI has been very involved with respect to Justice Kavanaugh. They know Justice Kavanaugh very well. They’ve investigated him, I guess, six times.” But, the president added, “If she shows up and makes a credible showing, that will be very interesting and we’ll have to make a decision.”
     The FBI conducted six background checks, including for jobs Kavanaugh held in the White House and before he became a federal appeals judge in 2006. 

Sen. Dianne Feinstein, D-Calif., the ranking member of the Senate Judiciary Committee, revealed the existence of Ford’s letter days before the scheduled vote. Feinstein launched a tweet storm Wednesday about the need for an FBI probe. She had possessed Ford’s letter since July.

     “Demanding an FBI investigation can be an effective sound bite,” Thomas Jipping, deputy director of the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation, told The Daily Signal. But the FBI has completed its role in the confirmation process, Jipping said, and would have no role in conducting a criminal probe. “The only possible parallel to this would be the Clarence Thomas hearing,” Jipping said, referring to the late-breaking accusation in 1991 by Anita Hill, a former Thomas employee who accused the Supreme Court nominee of sexual harassment. “In that case, the Senate didn’t deputize the FBI to investigate further.”

[itaclics and colored emphasis mine

Fred Lucas is the White House correspondent for The Daily Signal and co-host of "The Right Side of History" podcast. Send an email to Fred.

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Praying Through the Open Doors World Watch List for persecuted believers:To learn more, please go to -https://www.opendoorsusa.org/take-action/pray/monthly-prayer-calendar/

Praying for Iran At #10 on the 2018 World Watch List and with a Church of 800,000 strong (out of 80.9 million), the main threat for believers in Iran comes from the government. The regime sees Christians, especially converts from Islam, as a threat and frequently imprisons believers for reaching out to Muslims— “crimes against the national security.” Throughout September, we’ll be focusing on our persecuted family in Iran. Please join us in praying with these secret believers.
September 20 | DEMOCRATIC REPUBLIC OF CONGO -  Pray that the Lord will bless Open Doors’ efforts to equip local churches for their current and anticipated challenges. Pray that churches will use this training to offer hope to those who are facing instability and persecution. 

STANDING STRONG THROUGH THE STORM - OpenDoorsUSA.org

At my first defense, no one came to my support, but everyone deserted me. May it not be held against them.  2 Tim.y 4:16                                                 

SPEAK ON BEHALF OF THOSE WHO SUFFER

The Apostle Paul knew exactly what it was like to be alone, to be deserted by all who called themselves “brothers” and “sisters.” A former colleague who has done considerable travel among the persecuted says, “It is hard to believe that Christians are the largest persecuted group in the world today. But it is even more difficult to believe that this is so seldom mentioned in our gatherings and church services. More Christians know the names of their favorite actors than their fellow believers who are in prison.”

He continues, “With every trip something in my heart breaks as I hear the echoes of suffering:

I remember the echoes of an Egyptian mother as she shared how her young boy was stuck in a haystack because she refused to deny Jesus.

I remember the sounds of weeping as fellow students in Indonesia shared how Sariman, their co-student, was hacked to death.

I remember the cries of anguish as we walked from church to church that was burned to the ground on the island of Lombok.

I remember the tears of Rebecca in Iran as she showed the picture of her father who was stabbed to death for sharing the gospel.

I remember the voice of Pastor Daniel in Vietnam as he shared how he was chained to the ground for six months.

I remember the fear of Grace from Sudan as she shared how her church was attacked and her friend was shot through the head.

Oh, I remember the cries of Caleb in Eritrea as he shared with tears how two dear friends were executed in front of him because of their faith.

And I remember the tears of Joy in the southern Philippines as she shared how her fiancé was shot to death in their church in Mindanao.

But, most all, I remember the deafening sounds of silence every time I return home.

RESPONSE

How can I be silent today? How can I not speak on behalf of those who suffer? How can I desert those that belong to the same body that I belong to and who desperately need the encouragement of my intervention on their behalf?

PRAYER
Lord, broaden my awareness of the needs of my suffering brothers and sisters. May I not be known for my silence.