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What will the FBI investigation into Kavanaugh actually do? What will the FBI investigation into Kavanaugh actually do?
(about 20 hours later)
President Trump has ordered an FBI investigation into sexual misconduct allegations against Brett Kavanaugh, his nominee for the Supreme Court. Now that President Donald Trump has ordered an FBI investigation into sexual misconduct allegations against Brett Kavanaugh - his nominee for the Supreme Court - many are wondering about the work being conducted by investigators and what they are likely to ultimately conclude.
The announcement came after Arizona Republican Jeff Flake sensationally changed his mind about backing the judge - telling the Senate Judiciary Committee he would not support Mr Kavanaugh's confirmation in the Senate without an additional FBI inquiry. A full Senate vote on whether Mr Kavanaugh gets a seat on America's top court has been delayed for a week, while the FBI works.
The committee duly requested an investigation "limited to current credible allegations" and concluding "no later than one week from today" [Friday 28 September]. Investigators, the committee said, are "limited to current credible allegations" and must complete their assignment "no later than one week from today" [Friday 28 September].
A full Senate vote on whether Mr Kavanaugh gets a seat on America's top court has been delayed for a week, while the FBI gets to work. So what exactly is the FBI doing?
So what exactly is the agency doing, and what difference is it likely to make? Hasn't the FBI checked out Kavanaugh already?
Firstly - hasn't the FBI checked Kavanaugh out already? Yes. The FBI has completed a traditional background check - provided to any federal appointee - on Judge Kavanaugh, who is currently an appeal court judge.
In short, yes. The FBI has completed a traditional background check on Judge Kavanaugh, who is currently an appeal court judge. In his confirmation hearing, the judge himself referred to "six separate FBI background investigations over 26 years". In his confirmation hearing, the judge himself said he had been through "six separate FBI background investigations over 26 years".
This new investigation will reopen the latest background check, focusing on the recent allegations. Agents may review documents, speak to new witnesses, or revisit previous ones - including the judge and his main accuser, Professor Christine Blasey Ford, whom he denies assaulting as a teenager in the 1980s. This new investigation will focus on the recent allegations of what agents call "derogatory information".
You might be wondering what the point is of a fresh background check. Didn't the FBI do its job properly the first time? Agents may review documents, speak to new witnesses, or revisit previous ones - including the judge and his main accuser, Prof Christine Blasey Ford, whom he denies sexually assaulting as a teenager in the 1980s.
The answer is probably - but it wouldn't typically look back as far as 36 years ago, when Prof Ford says the assault took place. They typically never look back as far as 36 years ago, when Prof Ford says the assault took place.
Lawyer Greg Rinckey explained the process to the Associated Press news agency: "The FBI is looking for any kind of current problem. What do I mean by current? Seven to 10 years." Lawyer Greg Rinckey told the Associated Press news agency that agents were normally looking for a "current problem", meaning any issue that has arisen in the past seven to 10 years.
Democrats are keen to hear more from Mark Judge, a boyhood friend of Judge Kavanaugh's. Prof Ford says he was in the room when she was assaulted. Mr Judge told the Senate Judiciary Committee in a written statement that he did not recall any such incident - but did not appear to testify in person. Former FBI Assistant Director Chris Swecker told Fox News that, according to FBI guidelines, investigators typically look back no further than 18 years.
His lawyer Barbara Van Gelder said: "If the FBI or any law enforcement agency requests Mr Judge's co-operation, he will answer any and all questions posed to him." Who might be interviewed?
The agency is expected to focus on allegations made by women other than Prof Ford, which are also denied by the judge. They include a claim from his Yale classmate Deborah Ramirez, who alleges that he exposed his genitals in her face during a drinking game at a college party. Democrats have been keen to hear more from Mark Judge, a boyhood friend of Judge Kavanaugh's, who Prof Ford said was in the room when she was assaulted.
On Monday, Mr Trump responded to criticism of the limited scope of the investigation, saying: "The FBI should interview anybody that they want within reason." Mr Judge told the Senate Judiciary Committee in a written statement that he did not recall any such incident - but he was not asked to testify in person.
He added that the investigation should be "comprehensive" but warned investigators against engaging in a "witch hunt". The FBI has now finished questioning Mr Judge.
Another set of claims have been made by Julie Swetnick alleging that Judge Kavanaugh was involved in the drugging and sexual assault of girls at house parties in the 1980s. Mr Judge is also expected to be asked about those claims. Democrats also want agents to investigate allegations made by women other than Prof Ford, which are also denied by the judge.
Michael Avenatti, the lawyer for Ms Swetnick, says his client has not been contacted by the investigators so far. They include a claim from his Yale classmate Deborah Ramirez, who alleges that he exposed his genitals in her face during a drinking game at a college party.
On Monday, Mr Trump said all of the judge's accusers should be given the opportunity to testify.
"It wouldn't bother me at all," he said in the White House Rose Garden.
Ms Ramirez's lawyer confirmed she had been contacted for interview by the FBI, and agreed to co-operate.Ms Ramirez's lawyer confirmed she had been contacted for interview by the FBI, and agreed to co-operate.
According to a report in the New York Times, Ms Ramirez was interviewed on Sunday. It said Mr Kavanaugh's turn was Monday. On Monday, Mr Trump expanded the scope of the investigation, saying: "The FBI should interview anybody that they want within reason."
When its brief timeframe is up, the FBI will pass its findings to the White House - which will give them to the Senate. The contents are not expected to be made public. He added that the investigation should be "comprehensive" but warned investigators against engaging in a "witch hunt".
The agency won't reach a verdict on Mr Kavanaugh's guilt or innocence, because this isn't a criminal investigation. And as such, witnesses do not have to co-operate. However, lying to an FBI agent does carry the threat of federal charges. "It wouldn't bother me at all" if all of the judge's accuser were interviewed, Mr Trump said, as long as the deadline did not shift.
Another set of claims have been made by Julie Swetnick - a US government employee - alleging that Judge Kavanaugh was involved in the drugging and sexual assault of girls at house parties in the 1980s.
In an interview with NBC on Monday, Ms Swetnick said she remembered Judge Kavanaugh as a "very sloppy drunk, very mean drunk," who she saw often groping girls.
Will the FBI reach a definitive conclusion?
Not exactly. When the timeframe is up, the FBI will pass its findings to the White House - which will give them to the Senate. The contents are not expected to be made public.
As many senators and conservative commentators have pointed out, the FBI files a report but does not reach any conclusion regarding the credibility or significance of allegations.
"They could interview someone who says I saw Judge Kavanaugh get beamed down from a UFO - he's an alien," Mr Swecker told CNN.
"They wouldn't say 'we disproved this, [or] they didn't disprove this.'
"They report any corroborating information that they obtain, or any contradicting information," he said, but added that "they do not make conclusions" in their interview reports, which are known as 302 forms.
Former FBI Assistant Director Steve Pomerantz told Fox News: "Hopefully they provide enough information within their reports that allow a reasonable person to reach a conclusion based on the work that they've done.
"So it's simplistic to say they don't reach a conclusion."
Because it is not a criminal inquiry, witnesses are not compelled to co-operate with the investigation.
However, lying to an FBI agent does carry the threat of federal charges, as former Trump officials Paul Manafort or Michael Cohen could tell you.
Why did Trump order another investigation?Why did Trump order another investigation?
President Trump gave the order at the request of the Senate Judiciary Committee. Mr Trump gave the order at the request of the Senate Judiciary Committee, after Arizona Republican Jeff Flake sensationally changed his mind about backing the judge.
His party has a slender one-seat majority in the 100-member Senate. That means that if all Democrats vote against confirming Kavanaugh, he can only afford for one Republican to join them - since in a tie, Vice-President Mike Pence would get the casting vote. His party has only a 51-49 Senate majority. That means that if all Democrats vote against confirming Kavanaugh, he can only afford for one Republican to join them - since in a tie, Vice-President Mike Pence would get the casting vote.
The Republican side can't afford to lose Senator Flake's vote - and a week-long FBI investigation clearly looked like a price worth paying.The Republican side can't afford to lose Senator Flake's vote - and a week-long FBI investigation clearly looked like a price worth paying.
Mr Trump is standing by his nominee, and tweeted on Friday: "He will someday be recognized as a truly great Justice of The United States Supreme Court!" Some observers believe the FBI inquiry will strengthen the resolve of uncertain Republican senators - because unless something dramatic is unearthed, they will feel more confident in rejecting Prof Ford's claims.
Some observers believe the FBI inquiry will strengthen the resolve of uncertain Republican senators - because unless something dramatic is unearthed, they will feel more confident rejecting Prof Ford's claims.
Speaking to NPR, Minnesota Democrat Senator Amy Klobuchar said of the inquiry: "I think it will be better for the country that this FBI investigation occur. I'm not sure what the answers will be. It's possible some of the witnesses won't even agree to talk with the FBI. But to think we wouldn't even try would be the saddest thing for the country."
Mr Kavanaugh has confirmed he will co-operate with investigators.
One last thing... Why only a week?One last thing... Why only a week?
Prof Ford's lawyer, Debra Katz, said her client welcomed the FBI's involvement, but questioned the week-long time limit.Prof Ford's lawyer, Debra Katz, said her client welcomed the FBI's involvement, but questioned the week-long time limit.
"A thorough FBI investigation is critical to developing all the relevant facts... No artificial limits as to time or scope should be imposed on this investigation," she said."A thorough FBI investigation is critical to developing all the relevant facts... No artificial limits as to time or scope should be imposed on this investigation," she said.
The timing matters because Republicans are keen to get their Supreme Court nominee confirmed before the US mid-term elections on 6 November. And Democrats would profit from seeing that process delayed - or blocked altogether.The timing matters because Republicans are keen to get their Supreme Court nominee confirmed before the US mid-term elections on 6 November. And Democrats would profit from seeing that process delayed - or blocked altogether.
As a conservative, it is believed Mr Kavanaugh would swing America's top court to the right for years to come - which could have deep repercussions for social issues like abortion rights, and challenges to government policy.As a conservative, it is believed Mr Kavanaugh would swing America's top court to the right for years to come - which could have deep repercussions for social issues like abortion rights, and challenges to government policy.
That's especially the case as the nine Supreme Court judges are appointed for life.That's especially the case as the nine Supreme Court judges are appointed for life.
So overall, there's a lot riding on the FBI over the few remaining days.So overall, there's a lot riding on the FBI over the few remaining days.