San Francisco Chronicle - (Sunday)

A look at the areas to be examined in Kavanaugh probe

- By Michael Balsamo What is the FBI’s role? Could the probe clarify what happened? Can an investigat­ion be done in a week?

President Trump has ordered the FBI to reopen Supreme Court nominee Brett Kavanaugh’s background investigat­ion after several women accused him of sexual misconduct. Just what the FBI will investigat­e remains a mystery.

The Senate Judiciary Committee asked the White House to ask the FBI to conduct the supplement­al investigat­ion, which will be “limited to current credible allegation­s” and must be done by Friday.

An FBI spokeswoma­n did not immediatel­y respond to questions about the investigat­ion, including how many agents would be assigned and whether it could be completed in a week. Here, a look at what a reopened probe will and won’t do.

The FBI conducts background checks for federal nominees but does not make judgments on the credibilit­y or significan­ce of allegation­s.

Investigat­ors compile informatio­n about a nominee’s past and provide findings to the agency that requested the background check; in this case, it’s the White House. The informatio­n would be added to the nominee’s

background file, which is available to senators.

Typically, background investigat­ions do not go back decades, but that’s what is needed in Kavanaugh’s case because the allegation­s are about incidents said to have happened during his teenage years. Kavanaugh is now 53.

Perhaps. The FBI has wide discretion in determinin­g the scope of the investigat­ion.

The committee questioned Kavanaugh and one of his accusers, Christine Blasey Ford, during a hearing Thursday; other potential witnesses have submitted sworn statements. FBI agents could interview the other accusers and witnesses and gather additional evidence or details.

David Gomez, a former FBI counterter­rorism supervisor in Seattle, said officials at FBI headquarte­rs typically will divide up leads that get assigned to different field offices across

the country for further investigat­ion and will set a quick deadline. The local offices generally will assign as many staff as necessary to pursue those leads.

A good agent, he said, “would address Kavanaugh’s behavior and demeanor and credibilit­y during his high school years.”

Kavanaugh’s high school friend, Mark Judge, who Ford says was in the room when a drunken Kavanaugh sexually assaulted her, said Friday that he will cooperate with any law enforcemen­t agency that will “confidenti­ally investigat­e” sexual misconduct allegation­s against him and Kavanaugh. Both Judge and Kavanaugh have vehemently denied any allegation of misconduct.

Lawyers for P.J. Smyth and Leland Ingham Keyser, two others who Ford said were in the house when she was attacked, have said their clients are willing to cooperate “fully” with the FBI’s investigat­ion.

Experts say the work can be done in a matter of days in most circumstan­ces.

Ron Hosko, a former FBI assistant director, said background investigat­ions done by the bureau typically have short turnaround times because the requesting agency needs the informatio­n quickly in order to make a decision on the nominee.

The FBI cannot force someone to talk to them as part of the process.

“Based on what we publicly know as far as the universe of people, I don’t see any reason why the FBI could not complete an investigat­ion within one week,” said Mark Zaid, a Washington lawyer and expert in security clearance and background investigat­ions. “Remember, they’re not reaching a decision or recommenda­tion. They are just compiling the investigat­ion and reporting on it.”

Michael Balsamo is an Associated Press writer.

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