An FBI probe of Kavanaugh assault allegations would be routine, take 2-3 days, ex-White House officials say

President Trump and Senate Republicans are insisting that an FBI investigation of Christine Blasey Ford's allegation that Supreme Court nominee Brett Kavanaugh tried to rape her in the 1980s would be impractical and unnecessary. If Ford doesn't agree by Friday to testify on Monday, Republicans say, the Senate Judiciary Committee will vote to confirm Kavanaugh next week anyway. Ford wants the FBI or other independent, nonpartisan investigators to gather facts and testimony in the case before she testifies. FBI involvement would require White House consent.

"It would seem that the FBI really doesn't do that," Trump said Wednesday, a day after saying the FBI doesn't "want to be involved" and "this is not really their thing." Sen. Orrin Hatch (R-Utah), who was also on the Senate Judiciary Committee in 1991, when the FBI investigated Anita Hill's claim of sexual misconduct against Clarence Thomas, said: "The FBI does not do investigations like this. The responsibility falls to us."

"But several officials who have had direct roles in the nomination and background check process said it's common, as part of the FBI's vetting of presidential nominees for judicial posts and executive branch jobs, to investigate matters that do not qualify as federal crimes," Politico reports. When the FBI investigated Hill's allegations against Thomas in 1991, it took only three days.

The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE

Sign up for The Week's Free Newsletters

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

Sign up

"What happened here is actually not unusual," said John Yoo, a senior Justice Department official under former President George W. Bush. "The Judiciary Committee will often say to the Justice Department: 'Can you send the agents back out and find out if this is true, find out what happened with this?' ... You could have this done in a day or two." Having the FBI investigate "is a quick process, I don't think it needs to take more than a couple of days," agreed former Obama White House lawyer Sarah Baker. "The only reason you don't ask is if you don't want the answer."