Sen Whitehouse said the Dems will investigate the allegations

[BigmanPigman]

against Kavanaugh when they hold the gavel again. I know it takes 2/3 of the Senate to impeach him, but if the Dems investigate it can they also have the FBI investigate it later AND if he is found guilty, can a sitting justice be arrested and charged with a crime instead of impeaching him?


"Sen. Sheldon Whitehouse (D-RI) says that if Supreme Court nominee Brett Kavanaugh is confirmed and "as soon as Democrats get gavels," they will "get to the bottom" of the sexual assault allegations against Kavanaugh."
Source: CNN
https://www.cnn.com/videos/politics/2018/09/20/sen-sheldon-whitehouse-democrats-investigate-kavanaugh-lead-vpx.cnn

[FBaggins]

1. The Senate has the power to investigate...

... but can’t have the FBI do it for them. The closest they can come is a criminal referral, but that has to be for a federal offense.

[john657]

2. I don't know how many times this has to be said,

but you and I and a couple of others have pointed out, numerous times, that the FBI has no jurisdiction to investigate the alleged crime itself, this is a state crime which would be under the jurisdiction of the state or local authorities.

[SunSeeker]

4. The FBI has jurisdiction to investigate whether Kav committed perjury in his Senate testimony.

Which necessarily involves investigating whether he committed the sexual assault.

[john657]

6. They could investigation the perjury,

but not the alleged sexual assault, that never came up during the hearings, so no federal crime.

Now they can re-open the background investigation if the WH authorizes it, if that happened, then they could interview Dr. Ford, Judge Kavanaugh, and Mark Judge, but all that would happen is that they would hand the results of the interviews to the WH and that would be that.

And, what are the chances that the WH would give permission for the FBI to re-open the background check?

[SunSeeker]

8. Investigating the perjury necessarily involves investigating the sexual assault.

Of course DOJ would not bring charges for the sexual assault itself, because it is not a federal crime. But the FBI absolutely could investigate any facts related to whether Kavanaugh perjured himself in the Senate. And if the FBI determined his denial of the sexual assault was false, which necessarily involves investigating whether Kavanaugh committed the assault, the FBI would refer the matter to DOJ for prosecution for perjury.

[john657]

9. The problem with that is that he was never questioned under oath about

the alleged sexual assault, so there's no federal perjury crime related to the alleged sexual assault.

I would like to see Dr. Ford file a criminal complaint with the MD. State Police and let them investigate it, that would be well within their preview.

[SunSeeker]

10. Kavanaugh will be asked about the assault next week, assuming Ford agrees to testify. nt

[john657]

11. After he testifies under oath, then the FBI can investigate if he committed perjury. N/T.

Thank you for the civil conversation, I've been flamed several times for saying that the FBI doesn't have jurisdiction to investigate the alleged sexual assault, sometimes quite nasty.

Very refreshing.

Have a very good night and a great and peaceful weekend.

[uponit7771]

13. +1

[FBaggins]

14. They would have jurisdiction, but...

The senate still can’t tell them to investigate because they don’t work for the senate. They’re an executive branch function.

They could make a criminal referral to DOJ... but Sessions would decide whether to do anything about it.

[BigmanPigman]

3. There is no statute of limitations in Maryland

so could the victim make charges against him? How could he still get charged and arrested in the future by the victim, through the old fashioned way, the police?

[john657]

5. Absolutely she can make a criminal complaint,

but it's been 36 years since the alleged sexual assault, she can't remember where it happened, when it happened, how she got there, how she got home.

Doesn't leave much for the police to investigate, they would to the best of their ability, then send the results of the investigation to the DA, who would then make the determination if there was enough evidence to file charges.

[regnaD kciN]

7. Anyone want to bet...

...that, if they charge him with a crime, it will go to the Supreme Court, he’ll refuse to recuse himself, and cast the deciding vote in a 5-4 ruling that Supreme Court justices cannot be indicted?

[triron]

12. no way.

[PoliticAverse]

15. No one on the court thinks Supreme Court justices can't be indicted. n/t