Summary of Actions by Chairman Grassley and the Senate Judiciary Committee Related to Allegations Made and Disputed Regarding Judge Brett Kavanaugh

A 38-year member of the Senate Judiciary Committee, Chairman Grassley has worked to secure a thorough, credible and effective committee process as the U.S. Senate meets its constitutional duty of advice and consent in considering the nomination of Judge Brett Kavanaugh to serve on the U.S. Supreme Court. Grassley reopened the hearing after four days and 32 hours of testimony from the nominee during the week of September 4, including a closed session available to all Judiciary Committee members to scrutinize any issues or concerns about the nominee that involve confidentiality. Chairman Grassley has planned a hearing day scheduled for September 27 to give a fair and professional forum for Dr. Christine Blasey Ford to share allegations she made about the nominee in a July 30 letter and subsequently in a September 16 newspaper story, and for the nominee to respond to questions and address those allegations.

 

Additionally, Chairman Grassley has conducted extensive review and investigation of the allegations made by Dr. Ford and comments and statements made by others both in news media reports and in messages to other senators that have been given to the Judiciary Committee. A description of those efforts is provided here.

 

 

Witnesses provided categorical, unequivocal statements denying any memory of events matching Dr. Ford’s allegations.  Lying in those statements is punishable under the same federal law as lying in an interview with other federal investigators. Given that the witnesses’ statements were categorical, an interview or deposition was unlikely to reveal any new information.  The Democrats, of course, have not even joined the chairman’s requests for witness interviews. 

 

On July 9, 2018, the President announced Judge Kavanaugh’s nomination to serve on the Supreme Court of the United States. Judge Kavanaugh has served on the most important federal appellate court in the country for the last 12 years. Before that, he held some of the most sensitive positions in the federal government. The President added Judge Kavanaugh to his short list for the Supreme Court more than 9 months ago – on November 17, 2017. As part of Judge Kavanaugh’s nomination to the Supreme Court, the FBI conducted its 6th full-field background investigation of Judge Kavanaugh since 1993 – 25 years ago. Nowhere in any of these 6 FBI reports, which committee investigators have reviewed on a bipartisan basis, was there ever a whiff of any issue – at all – related in any way to inappropriate sexual behavior.

 

Dr. Ford first raised her allegations in a secret letter to the Ranking Member nearly two months ago in July. The Ranking Member took no action. The letter wasn’t shared with the Chairman, his colleagues, or his staff. These allegations could have been investigated in a way that maintained the confidentiality Dr. Ford requested.

 

Before his hearing, Judge Kavanaugh met privately with 65 senators, including the Ranking Member. But the Ranking Member didn’t ask Judge Kavanaugh about the allegations when she met with him privately in August. The Senate Judiciary Committee held its 4-day public hearing from September 4 to September 7, 2018. Judge Kavanaugh testified for more than 32 hours in public. The committee held a closed session for members to ask sensitive questions on the last evening, which the Ranking Member did not attend. Judge Kavanaugh answered nearly 1,300 written questions submitted by senators after the hearing – more than all prior Supreme Court nominees combined. Throughout this period, the Chairman did not know about the Ranking Member’s secret evidence.

 

Only at the eleventh hour, on the eve of Judge Kavanaugh’s confirmation vote, did the Ranking Member refer the allegations to the FBI. And then the allegations were leaked to the press. This is a shameful way to treat Dr. Ford, who insisted on confidentiality, and Judge Kavanaugh, who has had to address these allegations in the midst of a media circus.

 

When the Chairman received Dr. Ford’s letter on September 13, he and his staff recognized the seriousness of these allegations and immediately began the Committee’s investigation, consistent with the way the Committee has handled such allegations in the past. Every step of the way, the Democratic side refused to participate in what should’ve been a bipartisan investigation. 

 

After Dr. Ford’s identity became public, the Chairman’s staff contacted all of the individuals she said attended the 1982 party described in the Washington Post article. Judge Kavanaugh immediately submitted to an interview under penalty of felony for any knowingly false statements. He denied the allegations categorically. Democratic staff was invited to participate—and could’ve asked any questions—but they declined.

 

The Chairman’s staff contacted the other individuals allegedly at the party—Mark Judge, Patrick J. Smyth and Leland Ingham Keyser. All three submitted statements to the Senate under penalty of felony denying any knowledge of the events described by Dr. Ford. Dr. Ford’s lifelong friend, Ms. Keyser, stated she doesn’t know Judge Kavanaugh and doesn’t recall ever attending a party with him.

 

The Chairman’s staff made repeated requests to interview Dr. Ford during the past eleven days, even volunteering to fly to California to take her testimony. But her attorneys refused to present her allegations to Congress. The Chairman nevertheless honored her request for a public hearing, so Dr. Ford today has the opportunity to present her allegations under oath.