WASHINGTON – The Senate Judiciary Committee today referred for criminal investigation apparent false statements made to committee investigators alleging misconduct by Judge Brett Kavanaugh. In a letter to Attorney General Jeff Sessions and FBI Director Chris Wray, Chairman Chuck Grassley sought a criminal review of the actions by a named individual who provided Congress with the information, diverting Committee resources from an ongoing investigation.
Committee investigators have actively pursued a number of tips the committee has received regarding the nomination of Judge Kavanaugh to the Supreme Court, though the committee has not been able to substantiate any allegations of wrongdoing by Judge Kavanaugh. One tip was referred to the committee by staff for Sen. Sheldon Whitehouse (D-R.I). While Whitehouse referred the accuser to a reporter, the committee took the claim seriously and questioned Judge Kavanaugh about the allegations under penalty of felony. Judge Kavanaugh denied any misconduct. After the transcripts of that interview became public, the individual recanted the claims on a social media post.
“The Committee is grateful to citizens who come forward with relevant information in good faith, even if they are not one hundred percent sure about what they know. But when individuals provide fabricated allegations to the Committee, diverting Committee resources during time-sensitive investigations, it materially impedes our work. Such acts are not only unfair; they are potentially illegal. It is illegal to make materially false, fictitious, or fraudulent statements to Congressional investigators. It is illegal to obstruct Committee investigations,” Grassley said in the letter.
Grassley has called on the Justice Department and the FBI to review the matter as a possible violation of 18 U.S.C. §§ 1001 and 1505, portions of the U.S. code criminalizing the sharing of materially false information with committee investigators and obstruction of proceedings of congressional committees.
Grassley letter to DOJ and FBI...
Snip....[....]=redacted...D.C
Dear Attorney General Sessions and Director Wray:
As you know, the Senate Judiciary Committee recently processed the nomination of Judge Brett
M. Kavanaugh to serve as an Associate Justice on the Supreme Court. As part of that process, the
Committee has been investigating various allegations made against Judge Kavanaugh. The Committee’s
investigation has involved communicating with numerous individuals claiming to have relevant
information. While many of those individuals have acted in good faith in providing the Committee
information during the investigation, unfortunately it appears some have not. As explained below, I
write today respectfully referring Mr.[...] for investigation of potential violations of 18
U.S.C. §§ 1001 and 1505, for materially false statements Mr.[...] made to the Committee as part of
its investigation of allegations against Judge Kavanaugh.
According to Senator Whitehouse and his Committee staff, on the morning of September 24,
2018, Mr.[...] contacted the Senator’s office to report an allegation of sexual misconduct by Judge
Kavanaugh. Mr.[...] claimed that in August of 1985, Judge Kavanaugh sexually assaulted a close
acquaintance of Mr.[...] on a boat in the harbor at Newport, Rhode Island. Committee staff took
Mr.[...]’s allegation seriously, and asked Judge Kavanaugh numerous questions about it under
penalty of felony during an interview on September 25, 2018. He categorically denied the allegation.
On September 26, 2018, the Committee publicly released a redacted transcript of that interview, with
Mr.[...]’s name redacted. Afterwards, at 7:51 pm that same evening, Mr.[...] “recanted” and
apologized for his allegation via social media. I have enclosed the relevant materials documenting these
facts.
Committee investigations in support of the judicial nomination process are an essential part of
the Committee’s constitutional role. The Committee is grateful to citizens who come forward with
relevant information in good faith, even if they are not one hundred percent sure about what they know.
But when individuals provide fabricated allegations to the Committee, diverting Committee resources during time-sensitive investigations, it materially impedes our work. Such acts are not only unfair; they
are potentially illegal. It is illegal to make materially false, fictitious, or fraudulent statements to
Congressional investigators. It is illegal to obstruct Committee investigations.
Accordingly, in light of the seriousness of these facts, and the threat these types of actions pose
to the Committee’s ability to perform its constitutional duties, I hope you will give this referral the utmost
consideration.
Thank you for your prompt attention to this matter. If you have any questions, please contact a
professional staff investigator in the Committee’s Oversight and Investigations Unit at (202) 224-5225.
Sincerely,
Charles E. Grassley
A
Chairman
Committee on the Judiciary
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