How the FBI Investigation of Court Nominees Works
The FBI is investigating Christine Blacy Ford’s allegations of sexual assault this week. Why is the FBI involved and what can they find?
The FBI is involved because it is background checks
While the FBI investigates criminal cases of terrorism, organized crime, art theft, hate crimes and human trafficking (to name a few) , its investigation into Ford’s charges is not a criminal investigation, but rather its role in providing background checks. data.
The New York Times reports that the FBI interviews a minimum of 30 people, usually with professional contacts such as other judges and lawyers, as part of its routine screening of judge candidates. The FBI sends its report to the White House and Senate, and usually no further action is required.
The President can order background checks.
While the president had previously stated that the FBI “really doesn’t do it,” it turns out that the FBI may, in fact, resume background checks to gather more information about the candidate. The White House has the power to bring the FBI back into action, but the Senate Judicial Committee or the FBI itself may request such permission.
In 1991, the FBI investigated Anita Hill’s allegations of sexual harassment by Supreme Court justice candidate Clarence Thomas. Most recently, the FBI investigated allegations of domestic violence against White House Secretary Rob Porter, who stepped down earlier this year.
What will be on the FBI report?
Since this is not a criminal investigation, the FBI is not expected to conduct searches requiring a warrant. Rather, they interview people who can provide additional information and may ask for documents that may be relevant to corroborating the testimony of Ford or Cavanaugh. Anyone who cooperates with the investigation does so voluntarily; they cannot make a person speak.
The FBI will send a report to the Senate and White House, but the FBI is unable to determine if a crime has been committed and should be withdrawn. Security expert Mark Zayed told The Associated Press : “Remember, they don’t make decisions or recommendations. They just put together an investigation and report it. “