FBI's alleged unrestricted authority in investigating Kavanaugh accusations challenged in internal emails, according to fresh report.
The investigation into the accusations, which Kavanaugh strongly denies, was initiated after an intense hearing with his accuser, Christine Blasey Ford, prompted some influential senators to consider not confirming the nominee.
As per the report, the White House directed the FBI to only speak with 10 individuals, and the agency was not authorized to seek out additional witnesses who could potentially provide supporting evidence, nor was it allowed to explore beyond the specific topics specified by the White House for the interrogation of witnesses.
The report highlights the restrictive parameters imposed by the White House on the FBI during its "supplemental" background investigation while Kavanaugh's confirmation was in limbo. Senate investigators managed to access internal communications between the White House and the FBI that demonstrated how the narrative being pushed by Trump and his allies differed from the instructions given to the FBI.
However, the Senate investigators were unable to obtain copies of key emails between the FBI and the White House. Instead, they were only granted the chance to view several of the mentioned emails in a private setting, preventing CNN from gaining access to the emails themselves.
Trump made public statements claiming that the FBI was "speaking to everyone" and had "unrestricted access," even lashing out at a report limiting the investigation's scope on Twitter. According to the report, these comments were subsequently documented by the FBI's public relations department in emails to other agency personnel, including some high-ranking officials.
The following day, an FBI official reached out to the White House, via phone and email, to clarify if the scope of the supplemental investigation had been expanded. The White House responded that they would contact the official if they had any additional guidance to offer on the investigation.
The report, published by Rhode Island Sen. Sheldon Whitehouse, alleges that the FBI slowed down Democrats' requests for information about their Kavanaugh investigation – even after President Biden assumed office. Whitehouse's report also suggests that the FBI hid from the public and Congress the degree of limitation imposed on the investigation, with top officials from the Trump White House and the FBI claiming that the investigation was being conducted "by the book", without acknowledging that there were no established procedures for such an investigation.
During the FBI's 2018 supplemental Kavanaugh investigation, the White House ultimately requested that the agency interview a few more witnesses, with guidelines on the subjects to be discussed, according to the report. Trump continued to claim publicly that the FBI could investigate anyone it wanted, while White House officials also suggested to media outlets that there were no limitations on the individuals the FBI could interview. The FBI requested clarification on this expansion of the scope, but received no response until the White House approved the interview of one more witness.
Eventually, Kavanaugh was confirmed.
The FBI refused to comment specifically on the report, but stated in a statement that when they are asked by governing bodies to carry out background investigations, "the FBI adheres to a long-standing, established procedure, and the scope of the investigation is limited to what is requested."
"For decades, we have followed this process for the Kavanaugh investigation as well. The FBI does not possess the autonomy to exceed the scope of a supplemental background investigation beyond the requesting agency's boundaries," the statement said.
The Supreme Court did not respond to CNN's inquiry about the senator's findings.
With the report, Whitehouse is advocating for the creation of standard procedures for how such supplemental investigations should be handled in the future.
“The FBI must devise authentic protocols so that senators and the American people can obtain genuine responses – not fabricated misdirections – the next time crucial questions about a nominee emerge close to the confirmation process,” Whitehouse said.
The restrictive parameters placed on the FBI's investigation by the White House raised questions about the fairness of the process, given the politics surrounding Kavanaugh's nomination. After Kavanaugh's confirmation, there were allegations that the FBI deliberately slowed down Democratic requests for information related to the investigation.
