A Former FBI Agent Discusses the Gravity of the Kavanaugh Investigation

on

Courage is defined as being afraid to do something, but doing it anyway.  Dr. Christine Blasey Ford certainly is the definition of courage. Reaching back to a deeply disturbing personal experience any woman would like to forget ever happened, she put herself in harm’s way to inform the country that Judge Brett Kavanaugh may indeed have a dark past that precludes his appointment on the Supreme Court.  

Associate Justice Dr. Christine Blasey Ford is also a patriot, placing the interest of the country before her own. She has inspired many women to step forward and break the silence of their own experiences of sexual violence and harassment. Often seemingly ordinary people step up to lead the way in creating change, and  Dr. Ford is one of those people who, through her courage, has become extraordinary.

Dr. Christine Blasey Ford is also a patriot, placing the interest of the country before her own. She has inspired many women to step forward and break the silence of their own experiences of sexual violence and harassment.

On September 27, 2018 Dr. Ford spoke her truth to the Senate Judiciary Committee under the leadership of Republican Chairman Senator Chuck Grassley . She was clear, level-headed and calm, an exemplary witness by any means.

Then came Judge Brett Kavanaugh, the nominee. His performance was, at best, disturbing. In this attorney’s opinion, he did not demonstrate the dignity required of any judge, let alone an Associate of the Supreme Court of the United States. As the son of lawyers, one a judge herself, he should have known better behavior is required of any judge.

A man of privilege, for the first time in his life he faces the possibility of not getting what he wants, and what he feels entitled to. Kavanaugh yelled, he cried, he was insolent to Democratic Senators he saw as the “enemy,” he brought up partisan arguments bordering on conspiracy. He in no way demonstrated the calm dignity required to sit on the highest court in the land.

A man of privilege, for the first time in his life he faces the possibility of not getting what he wants, and what he feels entitled to. Kavanaugh yelled, he cried, he was insolent to Democratic Senators he saw as the “enemy,” he brought up partisan arguments bordering on conspiracy.

On September 28, 2018, Grassley steamrolled the Judiciary Committee toward moving the Kavanaugh nomination to the Senate floor with its Republican majority advantage. Senator Jeff Flake (R-AZ) stopped the train by calling for a supplemental FBI background investigation into the allegations brought against Judge Kavanaugh by Doctor Ford.

The bottom line was no investigation, then a “no” vote on Kavanaugh from Senator Flake when the full Senate took its vote to confirm. In that scenario, the Kavanaugh nomination was sunk. A lame duck Senator was now calling the shots and the White House had no choice but to agree to the supplemental FBI background investigation.

Now the game begins as usual with the Trump Administration. The FBI background investigation can only take a week and must be limited to four witnesses. As I write this, that directive from White House Counsel may or may have not changed.

As some of you know, I am a former FBI agent. I did such background investigations when I was a young agent in the Boston field office. Due to our proximity to Harvard, MIT, Boston University and other fine institutions in the Boston area, we did many of these background investigations.

These investigations are not taken lightly by the FBI.  An interview can often lead to more questions and more interviews. The agent’s job is to be objective and just follow the facts. Just as in the high-profile news-making cases, the reputation of the FBI rests on the accuracy of these background investigations. The FBI cannot be constrained in how the Kavanaugh supplement background investigation is conducted. Trump, of course, blows his usual smoke and confusion into the mix as to how the FBI is allowed to conduct the Kavanaugh investigation.

The agent’s job is to be objective and just follow the facts. Just as in the high-profile news-making cases, the reputation of the FBI rests on the accuracy of these background investigations.

The media circus ensues while the swing vote on the Supreme Court hangs in the balance. Now we hold our breath waiting for the outcome of the FBI investigation which, in a case so old, may yield nothing concrete. If the investigation is skewed by the White House, we can be sure of that.

What we do know is the Kavanaugh nomination had many problems before the allegations of Dr. Ford ever came to light. Some of Judge Kavanaugh’s opinions on the U.S. Court of Appeals for the District of Columbia have been questionable, such as the well-known abortion case in Texas involving a minor properly seeking an abortion under Texas law.

There are questions as to whether Kavanaugh told the truth in his confirmation hearings for his current position on the bench of the above-mentioned Court of Appeals. The White House has refused, claiming executive privilege, to release to the Judiciary Committee all Kavanaugh’s documents generated while he served in the George W. Bush Administration.

There are concerns of partisanship on the part of Brett Kavanaugh. Some of his rant before the Judiciary Committee brought that concern to renewed light. He served in the Office of Independent Counsel Ken Starr and took part in writing the Starr report that urged the impeachment of President Bill Clinton.

It took three years to confirm him to the Court of Appeal for D.C. bench due to concerns over partisanship. Now Trump wants him on the Supreme Court in a position that will affect the lives of countless Americans over decades. Surely, we can do better.

More you may like