The Trump administration protected Brett Kavanaugh from facing a full FBI investigation in the wake of serious allegations that he sexually assaulted two women – once in high school and once in college – during his controversial 2018 Senate confirmation to become a supreme court justice, according to a new report.
An investigation led by the Democratic senator Sheldon Whitehouse also found that both the Trump White House and the FBI “misled the public and the Senate” about the scope of the investigation it did conduct into the sexual assault allegations by falsely claiming that the FBI had conducted its investigation thoroughly and “by the book”.
Kavanaugh’s confirmation by the Senate seemed to be in doubt after Christine Blasey Ford, a professor at Palo Alto University, alleged he had sexually assaulted her while the two were in high school. A classmate at Yale, named Deborah Ramirez, alleged in a report published by the New Yorker that Kavanaugh had exposed himself at a drunken dormitory party. Kavanaugh denied both allegations.
The Senate judiciary committee agreed after Ford publicly testified about her allegations that the FBI conduct a supplemental background check to examine those allegations before the full Senate voted on his nomination.
In the aftermath of Kavanaugh’s ultimate confirmation by the Senate, in a 50-48 vote, Whitehouse and his staff set out on a six-year investigation to try to find answers about how the FBI conducted its investigation.
The investigation was hampered, Whitehouse said, by executive branch delays, reluctance to answer even basic questions, and often incomplete answers.
“In 2018, I pledged to Christine Blasey Ford that I’d keep digging, for however long it took, and not give up or move on from Senate Republicans and the Trump White House’s shameful confirmation process for Justice Kavanaugh,” 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.”
The findings are significant because at least eight senators cited the FBI’s findings – that “no corroborating evidence” had been found to back up the allegations against Kavanaugh – when they voted to confirm the justice. They include the then majority leader, Mitch McConnell, Shelley Moore Capito, former senator Jeff Flake and Bob Corker, Chuck Grassley and Susan Collins.
In reality, the Whitehouse report claims the FBI’s limited supplemental background investigation involved only a “handful” of interviews of relevant witnesses, and ignored other potential sources, including Kavanaugh himself, Ford, or others who had offered to give the FBI corroborating or otherwise relevant information.
Ford was not interviewed, the report said, even though her attorney repeatedly contacted the FBI directly to request the FBI interview her.
A lawyer for Ramirez provided lists of suggested witnesses to the FBI, including a list of 20 additional witnesses likely to have relevant information who Ramirez suspected could corroborate her account.
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In one case, a former classmate of Kavanaugh at Yale named Max Stier sought to come forward to report that he had once witnessed Kavanaugh with his pants down at a drunken party, and that his friends pushed the future justice’s penis into the hands of a female student.
The alleged incident was separate from others that became public during the investigation but bore similarities to the allegations made by Ramirez. Stier notified the Senate and the FBI about his account, according to media reports, but the matter was never investigated by the FBI.
The FBI director, Christopher Wray, was even personally notified by Senator Chris Coons of Delaware about Stier’s account but he was never contacted.
Stier, who runs a non-profit in Washington, has declined to discuss the matter with the Guardian. He is married to Florence Pan, who serves as a circuit judge on the US court of appeals, a post formerly held by the supreme court justice Ketanji Brown Jackson.
In response to the release of the report, Debra Katz and Lisa Banks, lawyers for Ford, said in a statement: “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. They conspired, with the FBI complicit, to silence those who offered important evidence, including one college classmate who ‘saw Mr Kavanaugh with his pants down at a different drunken dorm party, where friends pushed his penis into the hand of a female student.’ We also know that this will likely result in no consequences for those involved, though it should.”
The FBI also declined to pursue information it received through the agency’s tip line. The tips were forwarded directly to the White House.
