https://www.wsj.com/articles/schumers-fbi-ploy-1537313532
Democrats have succeeded in delaying a vote on Brett Kavanaugh’s nomination until the Senate holds a public hearing with him and his accuser scheduled for Monday, but they’re still not happy. Now they don’t even want to hold that hearing until the FBI investigates the alleged sexual assault that happened when the two were in high school.
“The FBI conducted a background check on Judge Kavanaugh before these allegations were known,” Minority Leader Chuck Schumer said Monday on the Senate floor. “It is now the FBI’s responsibility to investigate these claims, update the analysis to Judge Kavanaugh’s background, and report back to the Senate.”
Other Democrats have picked up the same chant since Senator Dianne Feinstein announced last week that she had forwarded to the FBI a letter that accuser Christine Ford had written to her. Both Senators know this isn’t the role that the FBI plays in nominations, and their demand shows that their real motive here is further delay.
The FBI doesn’t conduct criminal investigations into nominees, especially not into an alleged incident that would not have been a violation of a federal statute. State law would be at issue. That’s why the FBI responded to Ms. Feinstein’s statement last week by saying it had no plans to conduct a criminal probe and merely added Ms. Ford’s letter to Judge Kavanaugh’s background file.
The purpose of a background check is to interview people about the character and qualifications of a nominee. The FBI makes no judgments about the veracity of the people it interviews, and its role isn’t to issue a judgment about the nominee. The FBI simply compiles information that is then submitted to the White House.