The FBI Has Always Had The Power To Criminally Investigate Brett Kavanaugh, But It Hasn't Done That.
Updated: Dec 5, 2018
Brett Kavanaugh is a perjury addict. In virtually every public hearing that he has held under oath he, he has materially lied. Despite minor protests from lawmakers and media outlets a criminal investigation into Brett Kavanaugh has never been conducted for perjury or any other potential crime. This isn't just about the FBI and federal DOJ. They aren't alone. Both the State of Maryland Attorney General office and the Montgomery County DA's office are controlled by Democrats. They could choose to investigate the allegations since no statute of limitations applies. They haven't. There is an ongoing review of complaints against Kavanaugh by a panel of judges. Such a review is of course better than nothing, but real criminal investigations (that everyone else including the incumbent president currently face) would be better.
The real scandal here isn't what Kavanaugh did. It's that virtually no one has ever called for a criminal investigation. Neither Republicans or Democrats have ever made serious calls for a criminal investigation (except one). When Kavanaugh's allegations were at a fever pitch, officeholders and virtually the entire media and even regular people on social media only wanted a background investigation. Such an investigation can be limited in scope (President Trump apparently did limit it). A criminal investigation is vastly harder to limit and whomever tried to limit it could be guilty of obstruction of justice. It would've taken much longer and helped stall and stop the nomination.
This point is unappreciated. There is no report of a single FBI agent or DOJ official asking for a criminal investigation, even from those involved in the background probe who felt that there work was obstructed. Legal reporters (many with law degrees) didn't question why there wasn't one or even call for one. No member of the Judiciary committee asked for one including several former State Attorney General's did so. The same goes for a state or local investigation, which the Democrats would control. Bear in mind two men confessed to the Senate Judiciary Committee under oath that they attempted to rape Dr. Ford. If confessions of attempted rape aren't enough to start an investigation, what is? (Even if it's not Brett Kavanaugh, we should still find the real perpetrators.)
Oh, but there has been only one criminal complaint so far. It's been against Julie Swetnick and her attorney Michael Avenatti for perjury by Chuck Grassley the Republican Senate Judiciary Committee Chairman. This is despite the fact that multiple people told the committee under oath that they had tried to rape Dr. Ford under oath instead of Kavanaugh. Each man claimed they did it on their own and not together. Obviously at least one is lying. Senator Graham agrees.
Every single democrat has refused to aggressively pursue this. Sure, they claim that they will try committee hearings or impeachment in a distant future they are entirely passive. It's not just Kavanaugh. Both parties' leaders in the senate agreed to expedite votes on conservative lower court judges. Democratic leadership did the deal and there has been scarcely a peep of protest in Democratic circles (whether they may be media outlets or from office holders themselves). When it came time to pass the Affordable Care Act Democrats could've used Reconciliation, the same process Republicans used during their attempt at Obamacare repeal and successful passage of a tax cut package. Instead they decided that they had to get 60 votes for passage. They only could do this by not including the public option, which kept some donors happy. They paid dearly in the next election, but still haven't quite learned that lesson yet.
Simply put, this means that the Democrats continually drop the ball on purpose because they are willfully stupid or secretly prefer conservatives winning. Before Joe Biden, Elizabeth Warren, Kamala Harris, Kirsten Gillibrand, Joaquin Castro, Corey Booker, and Bernie Sanders run in 2020, someone should ask "why did you refuse to stop the Brett Kavanaugh nomination when you had the chance and still have the power to get him off (not in a sexual manner lol)?" The followup would then be "Even after he was confirmed, why didn't you call for one?"
The most important part of this article is that he can still be investigated and charged with any of the possible crimes that we've outlined. Just because he's on the Supreme Court does not mean that he's magically above the law.
If you would like to politely suggest that the FBI and the US DOJ criminally investigate Brett Kavanaugh for perjury, here is their contact information.
If you would like to politely suggest that the Maryland State AG and Montgomery County State attorney criminally investigate Dr. Ford's allegations, here and here is their contact information respectively.