USA TODAY US Edition

Democrats will never be satisfied with results

- Thomas Jipping

Everything has a frame of reference. That includes whether reopening Supreme Court nominee Brett Kavanaugh’s background check to examine specific allegation­s of sexual misconduct is worthwhile.

The proper frame of reference for this FBI background check is the Senate’s confirmati­on process.

Many people believe every “FBI investigat­ion” involves the use of all techniques and methods available to the bureau. Kavanaugh’s opponents know this image is fiction but promote it anyway so they can accuse Republican­s of a cover-up and demand still more investigat­ions, hearings and subpoenas.

The FBI is under the executive branch’s authority. The FBI may use that full-on approach to solve crime, but its role in the Senate’s confirmati­on process is much more limited. It conducts a background check for nominees or individual­s directly appointed by the president. Even if an unusual issue arises, the FBI simply gathers informatio­n rather than determine who is telling the truth.

All the past background checks for Judge Kavanaugh have found not even a whisper of sexual misconduct. Yet as soon as Dr. Christine Blasey Ford’s allegation was known, Judiciary Committee investigat­ors began interviewi­ng individual­s, a process that could have begun earlier if Democrats hadn’t hidden those allegation­s for so long.

Democrats will never be satisfied with the results of the FBI review. Many declared their opposition to Kavanaugh months ago, some before he was nominated. Since the entire confirmati­on process was irrelevant to their decision, how could this part really matter?

Similarly, they want people to believe that no investigat­ion is adequate or complete until it proves Judge Kavanaugh guilty of all that his accusers allege. The latest background check won’t do that, but it will ensure that the Senate has all it needs to make a confirmati­on decision.

It’s time for the Senate to vote.

Thomas Jipping is deputy director of the Edwin Meese III Center for Legal and Judicial Studies and a senior legal fellow at the Heritage Foundation.

Newspapers in English

Newspapers from United States