What the FBI’s Kavanaugh investigation will entail

Associated Press

WASHINGTON

President Donald Trump has ordered the FBI to reopen Supreme Court nominee Brett Kavanaugh’s background investigation after several women accused him of sexual misconduct. Just what the FBI will investigate remains a mystery.

The Senate Judiciary Committee asked the White House to ask the FBI to conduct the supplemental investigation, which will be “limited to current credible allegations” and must be done by Oct. 5.

Q. What is the FBI’s role?

A. The FBI conducts background checks for federal nominees but does not make judgments on the credibility or significance of allegations.

Investigators compile information about a nominee’s past and provide findings to the agency that requested the background check; in this case, it’s the White House. The information would be added to the nominee’s background file, which is available to senators.

Typically, background investigations do not go back decades, but that’s what is needed in Kavanaugh’s case because the allegations are about incidents said to have happened during his teenage years. Kavanaugh is now 53.

Q. Could the FBI investigation bring clarity to what happened?

A. Perhaps. The FBI has wide discretion in determining the scope of the investigation.

The committee questioned Kavanaugh and one of his accusers, Christine Blasey Ford during a hearing Thursday; other potential witnesses have submitted sworn statements. FBI agents could interview the other accusers and witnesses and gather additional evidence or details.

Kavanaugh’s high-school friend, Mark Judge, who Ford says was in the room when a drunken Kavanaugh sexually assaulted her, said Friday that he will cooperate with any law- enforcement agency that will “confidentially investigate” sexual-misconduct allegations against him and Kavanaugh.

Q. Can an investigation be done in a week?

A. Experts say the work can be done in a matter of days in most circumstances.

Ron Hosko, a former FBI assistant director, said background investigations done by the bureau typically have short turnaround times because the requesting agency needs the information quickly in order to make a decision on the nominee.

The FBI cannot force someone to talk to them as part of the process.