On Tuesday evening, lawyers for Christine Blasey Ford, the woman who has accused Supreme Court nominee Brett Kavanaugh of sexual assault, sent a letter to the Senate Judiciary Committee protesting that next Monday was too soon to hold an explosive public hearing about her allegation. Now, Judiciary Chairman Chuck Grassley has responded, telling Ford’s attorneys in a letter of his own that he is willing to make the hearing private, but not to delay it past Sept. 24.
“I certainly understand and respect Dr. Ford’s desire for an investigation of her allegations. That is precisely what the Senate is doing,” Grassley wrote. “That is why our investigators have asked to speak with your client. That is why I have invited Dr. Ford to tell her story to the Senate and, if she so chooses, the American people.”
In their letter, Ford’s attorneys had further stated that Ford wished the FBI to investigate her claims before he came before the committee. “A full investigation by law enforcement officials will ensure that the crucial facts and witnesses in this matter are assessed in a non-partisan manner, and that the committee is fully informed before conducting any hearing or making any decisions,” they wrote.
In his response, Grassley argued that such an investigation would fall beyond the jurisdiction of the FBI.
“Before nominating an individual to a judicial or executive office, the White House directs the FBI to conduct a background investigation,” Grassley wrote. “The FBI does not make a credibility assessment of any information it receives with respect to a nominee. Nor is it tasked with investigating a matter simply because the Committee deems it important. The Constitution assigns the Senate, and only the Senate, with the task of advising the President on his nominee and consenting to the nomination if the circumstances merit. We have no power to commandeer an Executive Branch agency into conducting our due diligence.”
After rescheduling a committee vote on Kavanaugh for late next week, Grassley now seemingly has a strong hand to keep things on schedule for then. Of the Republican senators who expressed concern over proceeding to confirm the judge without hearing from Ford, including Sen. Jeff Flake, Sen. Susan Collins, and Sen. Lisa Murkowski, each has now expressed consternation at Ford’s apparent unwillingness to testify soon.
I hope that Dr. Ford will reconsider and testify before the Senate Judiciary Committee on Monday. It is my understanding that the Committee has offered to hold either a public or a private session, whichever would make her more comfortable.
— Sen. Susan Collins (@SenatorCollins) September 19, 2018
When Dr. Ford came forward, I said that her voice should be heard and asked the Judiciary Committee to delay its vote on Judge Kavanaugh. It did so. I now implore Dr. Ford to accept the invitation for Monday, in a public or private setting. The committee should hear her voice.
— Jeff Flake (@JeffFlake) September 19, 2018
Others, like Sen. Lindsey Graham, have speculated that the request to delay is a politically motivated effort to stall out the confirmation process, as Democrats have independently been attempting to do for weeks.
Requiring an FBI investigation of a 36 year old allegation (without specific references to time or location) before Professor Ford will appear before the Judiciary Committee is not about finding the truth, but delaying the process till after the midterm elections.
— Lindsey Graham (@LindseyGrahamSC) September 19, 2018
