WASHINGTON – As
elements of Justice Brett Kavanaugh’s confirmation hearing recently
returned to the news cycle, Senate Judiciary Committee Ranking
Member Chuck Grassley (R-Iowa) today pressed the FBI and Justice Department for
an update on any investigations into the false allegations made to Congress
about Kavanaugh in violation of federal law.
Though
the FBI is not tasked with reaching conclusions in its background
investigations, it is responsible for comprehensively investigating potential
violations of federal law, including false statements to Congress. Following
then-Chairman Grassley’s
investigation into
allegations made during the course of the confirmation process, the committee
referred
several apparent false statements to the Justice Department for
investigation. Grassley
led
colleagues in seeking a status update in 2019, but the FBI and
Justice Department failed to respond.
In
a letter today to Attorney General Merrick Garland and FBI Director Chris Wray,
Grassley renewed his request for an update on any action taken by the Justice
Department to investigate these potential criminal violations.
March 23, 2021
VIA ELECTRONIC TRANSMISSION
The
Honorable Merrick Garland
Attorney
General
Department
of Justice
The
Honorable Christopher Wray
Director
Federal
Bureau of Investigation
Dear
Attorney General Garland and Director Wray:
On
October 8, 2019, several colleagues and I wrote a letter to Attorney General
Barr and Director Wray requesting an update concerning their handling of
criminal referrals made by the Committee following its investigation into
allegations of decades-old misconduct by then-Judge Brett Kavanaugh.
[1] To date, the Justice Department and FBI have
failed to respond to our letter and have failed to apprise the Committee
whether, and to what extent, any steps have been taken to investigate and hold
accountable those individuals who criminally interfered with the Committee’s
investigation.
These
failures are entirely unacceptable. As
my colleagues and I stressed in our previous letter, the Committee’s four
criminal referrals, dated September 29, 2018, October 25, 2018, October 26,
2018, and November 2, 2018, were not made lightly. Those referrals highlighted serious cases in
which individuals made materially false, fictitious, and fraudulent statements
to Committee investigators.
For
example, one of the referrals related to an individual from Rhode Island who
falsely alleged to Congress that Judge Kavanaugh had assaulted a friend on a
boat, only to later admit on social media that he lied about the event.
[2] Two referrals related to allegations made by
Mr. Michael Avenatti and his client, Ms. Julie Swetnick, who accused Judge
Kavanaugh of being involved in gang rape activities. The Committee identified no verifiable
evidence to support the allegations. The
Committee found that Mr. Avenatti, who has since been convicted on felony
extortion charges, and his client, Ms. Swetnick, had a long history of
credibility issues and may have criminally conspired to mislead the Committee
regarding those allegations and obstruct its investigation.
[3] A final referral related to Ms. Judy
Munro-Leighton, a woman who claimed to be the author of an anonymous letter
stating that Judge Kavanaugh and a friend raped her “several times each” in the
back seat of a car. Ms. Munro-Leighton
later admitted that she falsely claimed that she was the author of the letter
and its allegations and only claimed authorship of the letter “as a way to grab
attention.”
[4] These false allegations materially impeded
the Committee’s work and diverted important Committee resources during its
time-sensitive investigation.
As
Chairman, I rigorously performed my constitutional oversight role to vet Judge
Kavanaugh, instructing my Committee investigators to investigate each and every
serious allegation. My office later
released a 414 page report of those investigative findings which did not
include so much as a shred of evidence to support any of the allegations made
against Judge Kavanaugh.
The
FBI background checks – two of them – didn’t uncover any such evidence,
either. Both of those investigations
followed the normal process for FBI background checks of judicial
nominees. As then-Chairman of the
Senate Judiciary Committee Joe Biden remarked in 1991, in a background
investigation the FBI “do[es] not reach conclusions” and “do[es] not make
recommendations.”
[5] It is the Senate’s responsibility to weigh
the information that it collects from the background investigations and from
its own investigative work and make a fully informed decision. That’s what happened here. In the end, the Senate weighed evidence
assembled by the FBI and by veteran congressional investigators and fulfilled
its Constitutional responsibility by confirming Judge Kavanaugh to the Supreme
Court.
It
is, however, the responsibility of the Justice Department and FBI to hold those
who mislead and obstruct Congress accountable for their criminal behavior. Accordingly, I ask that you provide a
response to the questions posed in the October 8, 2019, letter no later than
April 6, 2021. Your response should
include a full explanation of the steps the Justice Department and FBI have
taken to investigate the Committee’s four criminal referrals for investigation
of potential violations of 18 U.S.C. §§ 1001 (materially false statements),
1505 (obstruction), and 371 (conspiracy).
If no actions have been taken in response to those referrals, please
explain why not.
Thank
you for your attention to this important matter.
Sincerely,
Charles
E. Grassley
Ranking
Member
Senate
Judiciary Committee
Enclosures:
(1) Letter from U.S. Senators to Attorney General
William Barr and FBI Director Christopher Wray (October 8, 2019)
(2) First Criminal Referral Letter (September 29,
2018)
(3) Second Criminal Referral Letter (October 25,
2018)
(4) Third Criminal Referral Letter (October 26,
2018)
(5) Fourth Criminal Referral Letter (November 2,
2018)
[1] Letter from
Senators Grassley, Graham, Cornyn, Crapo, Tillis, Blackburn, Lee, Kennedy and
Cruz to Hon. William P. Barr, Attorney General, U.S. Department of Justice, and
Hon. Christopher Wray, Director, Federal Bureau of Investigation (October 8,
2019).
[2] Letter from Sen.
Charles E. Grassley, Chairman, U.S. Senate Committee on the Judiciary, to Hon.
Jeff Sessions, Attorney General, U.S. Department of Justice, and Hon.
Christopher A. Wray, Director, Federal Bureau of Investigation (September 29,
2018). Available at: https://www.judiciary.senate.gov/imo/media/doc/2018-09-29%20Grassley%20to%20DOJ,%20FBI%20-%20Referral%20for%20Criminal%20Investigation.pdf.
[3] Letter from Sen.
Charles E. Grassley, Chairman, U.S. Senate Committee on the Judiciary, to Hon.
Jeff Sessions, Attorney General, U.S. Department of Justice, and Hon.
Christopher A. Wray, Director, Federal Bureau of Investigation (October 25,
2018). Available at: https://www.judiciary.senate.gov/imo/media/doc/2018-10-25%20CEG%20to%20DOJ%20FBI%20(Swetnick%20and%20Avenatti%20Referral)_Redacted.pdf. 25%20CEG%20to%20DOJ%20FBI%20(Swetnick%20and%20Avenatti%20Referral)_Redacted.pdf;
Letter from Sen. Charles E. Grassley, Chairman, U.S. Senate Committee on the
Judiciary, to Hon. Jeff Sessions, Attorney General, U.S. Department of Justice,
and Hon. Christopher A. Wray, Director, Federal Bureau of Investigation
(October 26, 2018). Available at: https://www.judiciary.senate.gov/imo/media/doc/2018-10-26%20CEG%20to%20DOJ%20FBI%20(Second%20Avenatti%20Referral)%20-%20with%20enclosures_Redacted.pdf.
[4] Letter from Sen.
Charles E. Grassley, Chairman, U.S. Senate Committee on the Judiciary, to Hon.
Jeff Sessions, Attorney General, U.S. Department of Justice, and Hon.
Christopher A. Wray, Director, Federal Bureau of Investigation (November 2,
2018). Available at: https://www.judiciary.senate.gov/download/grassley-to-justice-dept-fbi_-munro-leighton-referral-.
[5] Hearings before
the Committee on the Judiciary U.S. Senate One Hundred Second Congress First
Session on The Nomination of Clarence Thomas to be Associate Justice of the
Supreme Court of the United States (October 11, 12, and 13, 1991), Part 4 of 4
Parts at 268.