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Norman Young

Send In the FBI! ... after the Confirmation


By now everyone knows about Christine Blasey Ford's allegations against Brett Kavanaugh. Earlier this week, the leading Democrat voice in the Senate, Chuck Schumer, called for an FBI investigation into her allegation, demanding that it take place before Kavanaugh's confirmation hearing. Many have surmised that Schumer's demand is a transparent political ploy to delay the confirmation, which Democrats hope to push back beyond the November midterm elections. Not only would a delay excite the Democrat base to vote in November, it could also enable the Democratic Party to block the nomination of Brett Kavanaugh, provided they take back the Senate.

The FBI has pointed out that Ford's allegation is a political matter, not a law enforcement one, since no federal crime has been alleged. However, writer Jonah Goldberg and blogger Allahpundit think it makes sense for Republicans to call the Democrats' bluff and proceed with an FBI investigation. After all, with no crime scene to investigate, such a matter could be concluded rather quickly. The Republican base would be upset with this move, of course, but the conservative pundits believe it would be worth it in order to clear Brett Kavanaugh's name.

I have a slightly different idea. How about everyone do what they were elected to do? Donald Trump was elected to lead the executive branch, and, as such, he directs the FBI. Republican Senators were at least partly elected to confirm conservative nominees to the Supreme Court, and they should should do so with all speed. With every day of delay, Republican Senators anger their own base of support and embolden their adversaries'.

I agree that it would be politically advantageous for Donald Trump to launch an FBI investigation of the allegations against Kavanaugh. But he need not delay the confirmation hearing in order to do this. The Senate hearing can take place now, regardless of the pending FBI investigation. After all, if the FBI ever turns up evidence that Ford's allegations are true, Congress can immediately move to impeach Judge Kavanaugh. And they should.

There is an added bonus to this confirm-now-then-investigate strategy. When the dust settles after Kavanaugh's confirmation, the FBI can take the time to be thorough with its investigation. There would be no need to rush. In fact, Donald Trump could order the FBI to do more than merely investigate Ford's allegations. He could take aim at the allegations made by Deborah Ramirez and Julie Swetnick, directing the FBI to ask their lawyers pointed questions about their involvement in concocting the allegations. And, during such a questioning, there would be criminal penalties attached to lying.

Just imagine how different the political discussion might look if the FBI discovers that either of the two most recent Kavanaugh accusers were coached into their allegations by politicized lawyers. Suddenly, Democrats would be clamoring for Trump to call off the very investigation that they demanded he begin.


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