Background
The Senate Judiciary Committee has engaged in a thorough and
robust investigation of allegations raised against Judge Kavanaugh. Throughout
the last month, Committee staff members have collected statements, letters, and
calls from individuals around the country. The reports range from substantive
allegations of sexual misconduct, to short messages to senators passing along
internet rumors and theories.
Committee staff continue to work tirelessly to pursue any
and all substantive leads. In the course of the continuing investigation, staff
members have spoken with 35 individuals, a task that requires extensive work
during nights and weekends. More than 20 Committee staffers have contributed to
the investigative efforts. The Committee has not received any evidence that
would corroborate the claims made by Dr. Ford, Ms. Ramirez, Ms. Swetnick, or
anybody else.
Allegations
and Subjects
Ford Allegations
In response to Dr. Ford’s allegations, Committee staff
repeatedly requested an opportunity to interview Dr. Ford, but her lawyers
repeatedly refused. Committee staff offered to fly to California or any other
location to interview Dr. Ford. But as Dr. Ford explained at her hearing, she
was not clear that this offer had been made.
The Committee thus reopened the hearing on Judge Kavanaugh’s
nomination.
·
During the additional hearing day (Day 5), the Committee
solicited more than 8 total hours of public testimony under oath from Dr. Ford
and Judge Kavanaugh.
·
In connection with the hearing, the Committee collected 24
pages of evidence from Dr. Ford in two productions. The Committee also received
Judge Kavanaugh’s calendars.
The Committee also received a statement, submitted under
penalty of felony, from Dr. Ford’s ex-boyfriend, who cast serious doubt on the
credibility of some of Dr. Ford’s testimony before the Committee.
·
Notably, he stated that he had not known her to have any
fear of flying or related claustrophobia and that she had previously provided
advice to someone on how to successfully take a polygraph, directly
contradicting her hearing testimony.
·
Despite repeated requests by the Chairman, Dr. Ford still
has not supplied several key items, including the charts from her polygraph
examination, any recording of her polygraph examination, and the therapy notes
that she claimed corroborated her story. Dr. Ford has not provided these
therapy notes to the Committee, even though she shared these same notes with
the media.
In addition to conducting the hearing, the Committee obtained
statements from the three individuals who Dr. Ford identified as being present
at the 1982 gathering: PJ Smyth, Leland Ingham Keyser, and Mark Judge (who
submitted two statements).
·
Each person denied having any knowledge of the alleged
gathering. Ms. Keyser stated that she does not even know Judge Kavanaugh and
does not recall ever meeting him. And Mr. Smyth and Mr. Judge each said they
had never witnessed Judge Kavanaugh engage in conduct of the kind described by
Dr. Ford.
The Committee contacted a total of 15 former classmates of Judge Kavanaugh and Dr. Ford. The
Committee also received several statements, signed under penalty of felony,
that support Judge Kavanaugh’s explanation of terms in his high school yearbook.
Finally, prior to Day 5 of the hearing, the Committee staff
conducted a transcribed telephone interview with Judge Kavanaugh regarding Dr.
Ford’s allegations. The Minority staff refused to attend.
Ramirez Allegations
In response to the allegations from Ms. Ramirez, the
Committee contacted Ms. Ramirez’s counsel 7 times seeking evidence to support
the claims made in The New Yorker. Ms. Ramirez produced nothing
in response. Ms. Ramirez’s counsel refused the Committee’s request for an
interview. Committee staff nevertheless pursued the investigation. Staff
interviewed 5 witnesses with relevant information. Committee staff also
investigated the public statements of 3 other individuals and found they had no
knowledge of the alleged event.
Prior to Day 5 of the hearing, Committee staff conducted a
transcribed telephone interview with Judge Kavanaugh, subject to penalty of
felony. He denied Ms. Ramirez’s allegations. Minority staff attended the interview
under protest and refused to participate.
Swetnick Allegations
In response to allegations by Ms. Swetnick, the Committee
requested evidence on 6 occasions from her. Ms. Swetnick refused the
Committee’s request for an interview. Despite this obstruction, Committee staff
attempted to pursue the investigation by interviewing 12 witnesses who claimed
to have relevant information. Committee staff obtained two sworn statements
from individuals with knowledge of Ms. Swetnick’s character and allegations.
Prior to Day 5 of the hearing, Committee staff also interviewed
Judge Kavanaugh on these allegations on two separate transcribed telephone
interviews, subject to penalty of felony—both before (when Ms. Ramirez’s
allegations were also discussed) and after Ms. Swetnick was identified by name.
Judge Kavanaugh denied Ms. Swetnick’s allegations, asserting that he does not
even know Ms. Swetnick. Minority staff attended the interview under protest and
refused to participate.
Anonymous Allegation from
Colorado
In response to an anonymous allegation claiming Judge
Kavanaugh pushed his girlfriend against a wall in a violent and sexual manner
in 1998, Committee staff obtained a sworn statement from the woman dating Judge
Kavanaugh at the time. She unequivocally denied that this incident ever took
place.
Committee staff also questioned Judge Kavanaugh on these
allegations during a transcribed telephone interview, subject to penalty of felony.
Like his then-girlfriend, he denied that the incident ever took place. Minority
staff attended but refused to participate in the interview.
Allegations by Others
The author of one allegation recanted in a public Tweet. The
Committee referred the individual to the FBI for possible violations of 18
U.S.C. §§ 1001 (materially false statements) and 1505 (obstruction of congressional-committee
proceedings). Committee staff questioned Judge Kavanaugh about the allegation
during a transcribed telephone interview, subject to penalty of felony. He unequivocally
denied the allegation. Minority staff attended but refused to participate in
the interview.
A second allegation was completely anonymous. Committee
staff questioned Judge Kavanaugh about the allegation during a transcribed
telephone interview, subject to penalty of felony. He unequivocally denied the
allegation. Minority staff attended but refused to participate in the interview.
A woman has subsequently begun contacting Senate offices, claiming to be the
author of the anonymous letter. Even though there are doubts about the
authenticity of her claim, Committee staff is investigating.
Conclusion
The
Committee’s investigation, like the FBI supplemental background investigation, has
found that there is no corroboration of the allegations made against Judge
Kavanaugh.