Sunday, September 30, 2018

FBI has a week to investigate additional allegations in Kavanaugh case. Comey says they can do it.

The clock is running on the re-opening of the FBI investigation into various allegations about sexual abuse and drinking habits of SCOTUS nominee Brett Kavanaugh. Some have questioned whether a week is enough time. Some have suspicions about whether Trump and the White House will stay out of the way - or attempt to bias the Bureau’s work.

Former FBI Director James Comey weighed in with a NY Times op-ed saying that The F.B.I. Can Do This. Despite limitations and partisan attacks, the bureau can find out a lot about the Kavanaugh accusations in a week. Comey gives us a bit of a window into how the Bureau runs such an investigation.

… President Trump’s decision to order a one-week investigation into sexual assault allegations against Brett Kavanaugh, his Supreme Court nominee, comes in a time of almost indescribable pain and anger, lies and attacks.

We live in a world where the president routinely attacks the F.B.I. because he fears its work. He calls for his enemies to be prosecuted and his friends freed. We also live in a world where a sitting federal judge channels the president by shouting attacks at the Senate committee considering his nomination and demanding to know if a respected senator has ever passed out from drinking. We live in a world where the president is an accused serial abuser of women, who was caught on tape bragging about his ability to assault women and now likens the accusations against his nominee to the many “false” accusations against him.

Most disturbingly, we live in a world where millions of Republicans and their representatives think nearly everything in the previous paragraph is O.K.

In that world, the F.B.I. is now being asked to investigate, on a seven-day clock, sexual assaults that the president says never happened, that some senators have decried as a sham cooked up to derail a Supreme Court nominee, and that other senators believe beyond all doubt were committed by the nominee.

If truth were the only goal, there would be no clock, and the investigation wouldn’t have been sought after the Senate Judiciary Committee already endorsed the nominee. Instead, it seems that the Republican goal is to be able to say there was an investigation and it didn’t change their view, while the Democrats hope for incriminating evidence to derail the nominee.

Although the process is deeply flawed, and apparently designed to thwart the fact-gathering process, the F.B.I. is up for this. It’s not as hard as Republicans hope it will be.

F.B.I. agents are experts at interviewing people and quickly dispatching leads to their colleagues around the world to follow with additional interviews. Unless limited in some way by the Trump administration, they can speak to scores of people in a few days, if necessary.

The trick here is to not let Trump and the Crassley Crew ham-string the FBI agents. More on that from another source below. First, Comey continues.

They will confront people with testimony and other accounts, testing them and pushing them in a professional way. Agents have much better nonsense detectors than partisans, because they aren’t starting with a conclusion.

Yes, the alleged incident occurred 36 years ago. But F.B.I. agents know time has very little to do with memory. They know every married person remembers the weather on their wedding day, no matter how long ago. Significance drives memory. They also know that little lies point to bigger lies. They know that obvious lies by the nominee about the meaning of words in a yearbook are a flashing signal to dig deeper.

Once they start interviewing, every witness knows the consequences. It is one thing to have your lawyer submit a statement on your behalf. It is a very different thing to sit across from two F.B.I. special agents and answer their relentless questions. Of course, the bureau won’t have subpoena power, only the ability to knock on doors and ask questions. But most people will speak to them. Refusal to do so is its own kind of statement.

Agents will summarize every witness encounter in a detailed report called a 302, and then synthesize all the interviews into an executive summary for the White House. Although the F.B.I. won’t reach conclusions, their granular factual presentation will spotlight the areas of conflict and allow decision makers to reach their own conclusions.

It is idiotic to put a shot clock on the F.B.I. But it is better to give professionals seven days to find facts than have no professional investigation at all. When the week is up, one team (and maybe both) will be angry at the F.B.I. The president will condemn the bureau for being a corrupt nest of Clinton-lovers if they turn up bad facts. Maybe Democrats will similarly condemn agents as Trumpists if they don’t. As strange as it sounds, there is freedom in being totally screwed. Agents can just do their work. Find facts. Speak truth to power.

Despite all the lies and all the attacks, there really are people who just want to figure out what’s true. The F.B.I. is full of them.

But is the White House limiting the investigation?

AZCentral reports that the White House is not involved with FBI investigation into Kavanaugh allegations, officials say. But others have reservations.

WASHINGTON – The White House is not interfering with the FBI’s background investigation into Supreme Court nominee Brett Kavanaugh, officials said Sunday.

“The White House is not getting involved in the FBI investigation in that way,” Trump adviser Kellyanne Conway said Sunday on CNN’s “State of the Union.” “The president very much respects the independence of the FBI.”

Her point was reiterated by White House Press Secretary Sarah Sanders.

“The White House is not micromanaging this process,” Sanders said on “Fox News Sunday.” “The Senate is dictating the terms, they laid out the request. As you’ve heard the president say, do what you need to do, and we’re out of the way and doing exactly that.”

Their comments come after reports, citing unnamed sources, that the White House had instructed the FBI to investigate claims made by two women: Christine Blasey Ford and Deborah Ramirez, but not a third woman, Julie Swetnick, who accused Kavanaugh of sexual misconduct and claimed she was gang-raped at a party that Kavanaugh was present at decades ago.

President Donald Trump told reporters himself Saturday as he left for a rally in West Virginia that FBI agents have “free rein” over the investigation.

“The FBI, as you know, is all over talking to everybody,” he said. “They have free rein. They’re going to do whatever they have to do. Whatever it is they do, they’ll be doing things that we’ve never even thought of.”

The FBI declined to comment.

When the White House announced the probe last week, following a call from Arizona Sen. Jeff Flake, the president said the investigation “must be limited in scope.”

Conway pointed to that on Sunday, saying the probe was “not meant to be a fishing expedition.”

Still, she emphasized that it was up to the FBI to determine what the “limited scope” meant.

Sen. Dianne Feinstein, the top Democrat on the Senate Judiciary Committee, said on Twitter that the “FBI’s hands must not be tied in this investigation.”

“We need the facts,” she wrote.

That’s the essence it of but you can read more at the azcentral site.

No comments:

Post a Comment