Wednesday, September 26, 2018

Kavanaugh & Ford: The undetectable truth

General confusion has already seeped into the conversation surrounding the FBI's role, the value of the polygraph, and what would be deemed "Normal" behavior for and Judge Kavanaugh.

Although the FBI is responsible for conducting background investigations on Supreme Court nominees, Ford's allegations, based on the information made public, would not result in the opening of a criminal investigation.

The FBI conducts criminal investigations that fall within their federal jurisdiction and are initiated based upon specific allegations.

Further investigative activity by the FBI in the Kavanaugh appointment process would be a misuse of the FBI's finite resources and the overt politicization of the FBI by posturing politicians.

The FBI frequently uses polygraph exams, and agents frequently take them, but polygraphs are just a tool, not an answer.

Some have asked why, if Ford is lying, would she ask for an FBI investigation, knowing that lying to the FBI is a federal crime? A reasonable question, but from an investigative standpoint, absent an admission of guilt from either party, in this case the "Lie" would be just as unlikely to prove as the truth.

In other words, if Doctor Ford was lying but stuck to her story, it would be highly improbable to achieve the elements of the crime of lying to the FBI. Intelligent attorneys would know such things.

https://thehill.com/opinion/judiciary/408326-kavanaugh-ford-the-undetectable-truth

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