According to numerous reports, Senator Dianne Feinstein has referre a letter written by a constituent in Rep. Anna Eshoo's district concerning Brett Kavanaugh's past to the FBI.
The New York Times reports that it may concern an alleged incident with a woman he knew in high school, which seems like a very long stretch when it comes to an FBI referral.
Law & Crime suggests that it could indeed concern that incident, and that the FBI referral could be because he lied about it during the background checks.
That means that federal investigators may have asked Kavanaugh questions about any crimes he may have committed or been accused of, as well as questions about past romantic relationships. If Kavanaugh had been accused of criminal activity–particularly sexual misconduct–in his past, and he lied about it during the vetting process, that itself could be grounds for criminal charges for providing a false statement to federal investigators.
At the same time, national security lawyer Brad Moss says there’s just not enough information out there to know for sure what the FBI referral is all about. We don’t know if the FBI asked questions related to this, and if they did, we don’t know what Kavanaugh would have said.
File this in the "Pending Further Information" file for now.
Meanwhile, Senator Cory Booker released 50 pages of the Committee Confidential material last night which clearly points to Kavanaugh as a key player in the Pickering confirmation hearings, despite his denial under oath in the public hearings last week.
According to the documents, Kavanaugh was responsible for shepherding the nomination through as part of a package of controversial judges then-President George W. Bush was anxious to confirm. This runs counter to Kavanaugh's very sincere answer in last week's hearings where he swore he had no knowledge of those hearings.
Both of these point to a dishonest man. Blend that with the dishonesty he showed with regard to his use of Manuel Miranda's stolen emails, where he swore he did not know they were stolen when they very clearly were, and it adds up to a person who lacks the character to be a Supreme Court justice.
The committee vote on Kavanaugh has been postponed to September 20th. As more information emerges about Kavanaugh's lack of candor, pressure will mount on all vulnerable Republicans and Red State Democrats to oppose his nomination. It must fail, or Kavanaugh will face impeachment shortly after being sworn in.
