A new report released on October 8, 2024, by Democratic Senator Sheldon Whitehouse unveils concerning details about the FBI’s 2018 supplemental background check into Supreme Court Justice Brett Kavanaugh. The findings, the result of a six-year investigation, allege that the Trump administration significantly restricted the scope of the FBI’s inquiry, preventing a comprehensive examination of sexual assault allegations against Kavanaugh.
White House Control and Public Statements
Senator Whitehouse’s report contends that the Trump White House exercised “total control” over the FBI’s investigation, contradicting then-President Trump’s public assertions. Trump had publicly stated that the FBI would have “free rein” to scrutinize the allegations and interview “whoever they deem appropriate, at their discretion.” However, the report suggests that the administration actively limited the FBI’s ability to pursue leads and interview key witnesses.
In a statement, Senator Whitehouse said, “This report shows that the supplemental background investigation was a sham, controlled by the Trump White House, to give political cover to Senate Republicans and put Justice Kavanaugh back on the political track to confirmation.”
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Key Shortcomings in the Investigation
The report highlights several critical issues with the FBI’s investigation:
- Failure to Interview Key Individuals: The FBI did not interview Christine Blasey Ford, who accused Kavanaugh of sexual assault in high school, or Deborah Ramirez, who alleged misconduct during college.
- Ignored Potential Witnesses: Ramirez’s lawyer provided a list of 20 additional witnesses who could potentially corroborate her account, but these leads were not pursued.
- Overlooked Credible Allegations: Max Stier, a former Yale classmate of Kavanaugh, attempted to report witnessing an incident similar to Ramirez’s allegations. Despite notifying the Senate and the FBI, his account was never investigated.
- Mishandling of Tip Line Information: The FBI received thousands of tips through its dedicated tip line, but these were forwarded directly to the White House without further investigation.
- The report also notes that FBI Director Christopher Wray was personally notified about Stier’s account by Senator Chris Coons but took no action to follow up on the information.
Impact on the Confirmation Process
The limited investigation had significant implications for Kavanaugh’s confirmation. At least eight senators, including then-Majority Leader Mitch McConnell and Senator Susan Collins, cited the FBI’s findings of “no corroborating evidence” as a reason for their votes to confirm Kavanaugh. Senator Collins, who played a crucial role in Kavanaugh’s confirmation, had described the investigation as “very thorough” just two days before the Senate vote. The new report casts doubt on the accuracy of this assessment.
Reactions to the Report
Debra Katz and Lisa Banks, lawyers for Christine Blasey Ford, released a statement in response to the report: “Dr. Ford performed a heroic act of public service that came at a steep personal cost for her and those close to her. We know today that Trump White House officials acted to hide the truth.”
The FBI has defended its actions, stating that in background investigations, “the FBI follows a long-standing, established process through which the scope of the investigation is limited to what is requested.” The agency maintains that it has consistently followed this process for decades, including in the Kavanaugh inquiry.
Political Context
The release of this report comes as former President Trump seeks reelection in 2024. Trump’s campaign spokesperson, Karoline Leavitt, dismissed the report as a “ridiculous story” aimed at delegitimizing the Supreme Court. In 2021, Trump made comments about his role in Kavanaugh’s confirmation, stating, “I saved his life. He wouldn’t even be in a law firm. Who would have had him? Nobody. Totally disgraced. Only I saved him. … I saved his life, and I saved his career.” These comments take on new significance in light of Whitehouse’s findings.
Calls for Reform
Senator Whitehouse’s investigation highlights the need for reforms in the FBI’s background check process, particularly for high-stakes nominations. The report advocates for greater transparency and standardized procedures to ensure thorough and independent investigations in the future.
Conclusion
The revelations in Senator Whitehouse’s report raise questions about the integrity of the FBI’s supplemental background check into Brett Kavanaugh and the role of political influence in such investigations. The report underscores the importance of maintaining the independence and thoroughness of investigative processes, especially those related to lifetime appointments to the Supreme Court.
As this story continues to develop, it may prompt further discussion about the process of vetting and confirming nominees for lifetime appointments to the nation’s highest court.
