October 8 | Senator Sheldon Whitehouse (D-RI), Chair of the Senate Judiciary Subcommittee on Federal Courts, today released a report detailing disturbing shortcomings in the supplemental background investigation conducted after allegations of sexual misconduct emerged during the 2018 confirmation process of Supreme Court Justice Brett Kavanaugh.
Whitehouse’s report is the culmination of a six-year-long investigation hindered by executive branch obstruction, particularly during the Trump Administration.
The full report is available here:
The four key findings of Whitehouse’s years-long investigation into this episode are:
• The supplemental background investigation was completely controlled by the Trump White House. The FBI was never given “free rein” to conduct a thorough, complete investigation. Statements to the contrary from former President Trump and White House and Department of Justice officials were false.
• Trump White House and FBI assertions that the Kavanaugh supplemental background investigation was conducted “by the book” according to standard FBI procedures were false and misleading, failing to disclose that there are no standard procedures for supplemental background investigations. Instead, FBI practice, which the Trump Administration never disclosed, requires step-by-step instructions from the White House. This practice may be appropriate for handling many routine, minor questions that can arise after an initial background investigation, but it was uniquely inappropriate for investigating the serious, high-profile allegations against Kavanaugh.
• The investigation was directed by the Trump White House to pursue only first-hand evidence and not corroborating evidence. Senate Republicans then cited the absence of corroborating evidence to justify confirming Kavanaugh.
• The FBI’s public “tip line” investigation was a fake. No tip was ever investigated; Kavanaugh-related tips were delivered straight to the Trump White House without FBI investigation. Indeed, the Trump White House could have used tip line information to steer FBI investigators away from derogatory evidence.
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