On Brett Kavanaugh Investigation, Democrats Will Never Be Satisfied

COMMENTARY Courts

On Brett Kavanaugh Investigation, Democrats Will Never Be Satisfied

Oct 5, 2018 1 min read
COMMENTARY BY
Thomas Jipping

Senior Legal Fellow, Center for Legal and Judicial Studies

Thomas Jipping is a Senior Legal Fellow for the Edwin Meese III Center for Legal and Judicial Studies.
Sen. Elizabeth Warren (D-MA) speaks to protestors at a rally against Supreme Court nominee Judge Brett Kavanaugh on Capitol Hill, in Washington, D.C. October 4, 2018. KEN CEDENO/UPI/Newscom

Key Takeaways

People believe every “FBI investigation” involves the use of all techniques and methods available to the bureau. Kavanaugh’s opponents know this image is fiction.

Even if an unusual issue arises, the FBI simply gathers information rather than determine who is telling the truth.

It’s time for the Senate to vote.

Everything has a frame of reference. That includes whether reopening Supreme Court nominee Brett Kavanaugh’s background check to examine specific allegations of sexual misconduct is worthwhile.

The proper frame of reference for this FBI background check is the Senate’s confirmation process.

Many people believe every “FBI investigation” involves the use of all techniques and methods available to the bureau. Kavanaugh’s opponents know this image is fiction but promote it anyway so they can accuse Republicans of a cover-up and demand still more investigations, hearings and subpoenas.

The FBI is under the executive branch’s authority. The FBI may use that full-on approach to solve crime, but its role in the Senate’s confirmation process is much more limited. It conducts a background check for nominees or individuals directly appointed by the president. Even if an unusual issue arises, the FBI simply gathers information rather than determine who is telling the truth.

All the past background checks for Judge Kavanaugh have found not even a whisper of sexual misconduct. Yet as soon as Dr. Christine Blasey Ford’s allegation was known, Judiciary Committee investigators began interviewing individuals, a process that could have begun earlier if Democrats hadn’t hidden those allegations for so long.

Democrats will never be satisfied with the results of the FBI review. Many declared their opposition to Kavanaugh months ago, some before he was nominated. Since the entire confirmation process was irrelevant to their decision, how could this part really matter?

Similarly, they want people to believe that no investigation is adequate or complete until it proves Judge Kavanaugh guilty of all that his accusers allege. The latest background check won’t do that, but it will ensure that the Senate has all it needs to make a confirmation decision.

It’s time for the Senate to vote.

This piece originally appeared in USA Today

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