>> >> Bret: LET'S LISTEN IN.
CHUCK GRASSLEY.
>> GOOD MORNING.
WE CONTINUE OUR HEARING ON THE
NOMINATION OF JUDGE BRETT
KAVANAUGH TO SERVE AS ASSOCIATE
JUDGES ON OUR SUPREME COURT.
WE WILL HEAR FROM TWO WITNESSES,
DR. CHRISTINE BLASEY FORD AND
JUDGE KAVANAUGH.
THANKS OF COURSE TO DR. FORD AND
JUDGE KAVANAUGH FOR EXPECTING
OUR COMMITTEE'S INVITATION TO
TESTIFY AND ALSO THANK THEM FOR
VOLUNTEERING TO TESTIFY BEFORE
WE EVEN INVITED BOTH DR. FORD
AND JUDGE KAVANAUGH HAVE BEEN
THROUGH A TERRIBLE COUPLE OF
WEEKS.
ARE THEY AND THEIR FAMILIES HAVE
RECEIVED VILE THREATS.
WHAT THEY HAVE ENDURED OUGHT TO
BE CONSIDERED BY ALL OF US AS
UNACCEPTABLE AND A POOR
REFLECTION ON THE STATE OF
CIVILITY IN OUR DEMOCRACY.
SO I WANT TO APOLOGIZE TO YOU
BOTH FOR THE WAY YOU'VE BEEN
TREATED, AND I INTEND HOPEFULLY
FOR TODAY'S HEARING, TO BE SAFE,
COMFORTABLE, AND A DIGNIFIED FOR
BOTH OF OUR WITNESSES.
I HOPE MY COLLEAGUES WILL JOIN
ME IN THIS EFFORT OF A SHOW OF
CIVILITY.
WITH THAT SAID, I LAMENTS THAT
THIS HEARING, HOW THIS HEARING
HAS COME ABOUT.
ON JULY 9TH 2018, THE PRESIDENT
ANNOUNCED JUDGE KAVANAUGH'S
NOMINATION TO SERVE ON THE
SUPREME COURT.
JUDGE KAVANAUGH HAS SERVED ON
THE MOST IMPORTANT FEDERAL
APPELLATE COURT FOR 12 YEARS.
BEFORE THAT, HE HELD SOME OF THE
MOST SENSITIVE POSITIONS IN THE
FEDERAL GOVERNMENT.
THE PRESIDENT ADDED JUDGE
KAVANAUGH TO HIS SHORT LIST OF
SUPREME COURT MORE THAN NINE
MONTHS AGO IN NOVEMBER
NOVEMBER 2017.
AS PART OF JUDGE KAVANAUGH'S
NOMINATION TO THE SUPREME COURT,
THE FBI CONDUCTED ITS SIX FULL
FIELD OF BACKGROUND
INVESTIGATIONS OF JUDGE
KAVANAUGH SINCE 1993, 25 YEARS
AGO.
NOWHERE IN ANY OF THESE SIX FBI
REPORTS, WHICH COMMITTEE
INVESTIGATORS HAVE REVIEWED ON A
BIPARTISAN BASIS, WAS THERE WITH
OF ANY ISSUE.
ANY ISSUE AT ALL, RELATED IN ANY
WAY TO INAPPROPRIATE SEXUAL
BEHAVIOR.
MS. FORD FIRST RAISED HER
ALLEGATIONS IN A SECRET LETTER
THIS LETTER WAS SECRET FROM JULY
THIS LETTER WAS SECRET FROM JUL3
THIS LETTER WAS SECRET FROM JULT
THIS LETTER WAS SECRET FROM JULH
THIS LETTER WAS SECRET FROM JULS
THIS LETTER WAS SECRET FROM JULP
THIS LETTER WAS SECRET FROM JULE
THIS LETTER WAS SECRET FROM JULB
THIS LETTER WAS SECRET FROM JULR
THIS LETTER WAS SECRET FROM JUL1
THIS LETTER WAS SECRET FROM JUL-
THIS LETTER WAS SECRET FROM JULN
TWO MONTHS AGO.
THIS LETTER WAS SECRET FROM JUL,
JULY 30TH -- SEPTEMBER 15, WHEN
I FIRST HEARD ABOUT IT.
THE RANKING MEMBER TOOK NO
ACTION.
THE LETTER WASN'T SHARED WITH ME
YOUR COLLEAGUES OR MY STAFF.
THESE ALLEGATIONS COULD HAVE
BEEN INVESTIGATED IN A WAY THAT
MAINTAINS THE CONFIDENTIALITY
THAT DR. FORD REQUESTED.
BEFORE HIS HEARING, JUDGE
KAVANAUGH MET PRIVATELY WITH 65
SENATORS, INCLUDING THE RANKING
MEMBER.
BUT THE RANKING MEMBER HE DIDN'T
ASK JUDGE KAVANAUGH ABOUT THE
ALLEGATIONS WHEN SHE MET WITH
HIM PRIVATELY IN AUGUST.
THE SENATE JUDICIARY COMMITTEE
HELD HER THERE FOR A FROM
SEPTEMBER 4TH TO SEPTEMBER 7TH.
JUDGE KAVANAUGH TESTIFIED FOR
MORE THAN 32 HOURS IN PUBLIC.
WE HELD A CLOSED SESSION FOR
MEMBERS TO ASK SENSITIVE
QUESTIONS ON THE LAST EVENING,
WHICH THE RANKING MEMBER DID NOT
ATTEND.
IT JUDGE KAVANAUGH ANSWERED
NEARLY 1300 WRITTEN QUESTIONS
SUBMITTED BY SENATORS AFTER THE
HEARING.
MORE THAN ALL PRIOR NOMINEES.
THROUGHOUT THIS PERIOD, WE DID
NOT KNOW ABOUT THE RANKING
MEMBERS OF SECRET EVIDENCE.
THEN, ONLY AT THE 11TH HOUR, ON
THE EVENING OF HIS CONFIRMATION
BOARD, DID THE RANKING MEMBER
REFER THE ALLEGATIONS TO THE FB
FBI.
AND THEN, SADLY, THE ALLEGATIONS
WERE LINKED TO THE PRESS.
THAT IS WHERE DR. FORD WAS
MISTREATED.
THIS IS A SHAMBLE WAY TO TREAT
OUR WITNESS, WHO INSISTED ON
CONFIDENTIALITY.
AND OF COURSE, JUDGE KAVANAUGH,
WHO HAS HAD TO ADDRESS THESE
ALLEGATIONS, IN THE MIDST OF A
MEDIA CIRCUS.
WHEN I RECEIVED DR. FORD LETTER
ON SEPTEMBER THE 13TH, MY STAFF
AND I RECOGNIZED THE SERIOUSNESS
OF THESE ALLEGATIONS AND
IMMEDIATELY BEGAN OUR
COMMITTEE'S INVESTIGATION WITH
THE WAY THE COMMITTEE HAS
HANDLED SUCH ALLEGATIONS IN THE
PAST.
EVERY STEP OF THE WAY IT, THE
DEMOCRATIC SIDE REFUSED TO
PARTICIPATE AND WHAT SHOULD HAVE
BEEN A BIPARTISAN INVESTIGATION.
AS FAR AS I KNOW ON ALL OF OUR
JUDGESHIPS THROUGHOUT AT LEAST
THE LAST FOUR YEARS OR THREE
YEARS, THAT HAS BEEN THE WAY IT
HAS BEEN HANDLED.
AFTER DR. FORD'S IDENTITY BECAME
PUBLIC, MY STAFF CONTACTED ALL
THE INDIVIDUALS SHE SAID I
ATTENDED THE 1982 PARTY
DESCRIBED IN
"THE WASHINGTON POST" ARTICLE.
IT JUDGE KAVANAUGH IMMEDIATELY
YOU SUBMITTED IT TO AN INTERVIEW
UNDER PENALTY FOR ANY KNOWINGLY
FALSE STATEMENTS.
HE DENIED THE ALLEGATIONS
CATEGORICALLY.
DEMOCRATIC STAFF WAS
PARTICIPATING, AND COULD HAVE
ASKED ANY QUESTIONS THAT THEY
WANTED TO, BUT THEY DECLINED,
WHICH LEADS ME THEN TO WONDER IF
THEY ARE REALLY CONCERNED WITH
GOING TO THE TRUTH, WHY WOULDN'T
YOU WANT TO TALK TO THE ACCUSED?
THE PROCESS AND PROCEDURE IS
WHAT THE COMMITTEE ALWAYS DOES
WHEN WE RECEIVE ALLEGATIONS OF
WRONGDOING.
MY STAFF REACHED OUT TO OTHER
INDIVIDUALS ALLEGEDLY AT THE
PARTY, JUDGE PATRICK SMITH,
LELAND KAISER, ALL THREE
SUBMITTED STATEMENTS TO THE
SENATE UNDER PENALTY OF FELONY,
DENYING ANY KNOWLEDGE OF THE
EVENTS DESCRIBED BY DR. FORD.
DR. FORD'S LIFELONG FRIEND
STATED THAT SHE DOESN'T KNOW
JUDGE KAVANAUGH AND IT DOESN'T
RECALL EVER ATTENDING A PARTY
WITH HIM.
MY STAFF MADE REPEATED REQUESTS
TO DR. FORD IT DURING THE 11
DAYS.
TAKING TESTIMONY.
PRESENTING ALLEGATIONS TO
CONGRESS.
I NEVERTHELESS HONORED HER
REQUEST FOR A PUBLIC HEARING.
SO DR. FORD TODAY HAS THE
OPPORTUNITY TO PREVENT HER
ALLEGATIONS UNDER OATH.
AS YOU CAN SEE, THE JUDICIARY
COMMITTEE WAS ABLE TO CONDUCT
THOROUGH INVESTIGATIONS INTO
ALLEGATIONS.
THOROUGH INVESTIGATIONS INTO
ALLEGATIONS.
SOME OF MY COLLEAGUES STATED
THEIR DESIRES TO OBSTRUCT
KAVANAUGH'S NOMINATION BY ANY
MEANS NECESSARY.
FBI INVESTIGATIONS INTO THE
ALLEGATIONS.
BUT I HAVE NO AUTHORITY TO FORCE
EDGE.
MOREOVER, ONCE THE ALLEGATIONS
BECAME PUBLIC, IT WAS EASY TO
IDENTIFY ALL OF THE ALLEGED
WITNESSES AND CONDUCT OUR OWN
INVESTIGATIONS.
CONTRARY TO WHAT THE PUBLIC HAS
BEEN LED TO BELIEVE, THE FBI
DOES NOT PERFORM CREDIBILITY
ASSESSMENTS OR VERIFY THE TRUTH
OF ANY OF THE EVENTS IN THESE
BACKGROUND INVESTIGATIONS.
THE CHAIRMAN, JOE BIDEN, DURING
JUSTICE THOMAS' CONFIRMATION
HEARING, THIS IS WHAT THE
SENATOR SAID.
"THE NEXT PERSON WHO REFERS TO
AN FBI REPORT AS BEING WORTH
ANYTHING OBVIOUSLY DOESN'T
UNDERSTAND ANYTHING.
THE FBI EXPLICITLY DOES NOT IN
THIS OR ANY OTHER CASE REACH A
CONCLUSION, PERIOD.
THEY SAY HE SAID, SHE SAID, THEY
SAID.
SO WHEN PEOPLE WAIVE AN FBI
REPORT FOR YOU, UNDERSTAND THEY
DO NOT.
THEY DO NOT.
THEY DO NOT REACH CONCLUSIONS.
THEY DO NOT MAKE RECOMMENDATION
RECOMMENDATIONS.
THE FBI THEN PROVIDED US WITH
THE ALLEGATIONS.
NOW IT IS UP TO THE SENATE TO
ASSESS THEIR CREDIBILITY.
WHICH BRINGS US TO THIS VERY
TIME.
I LOOK FORWARD TO A FAIR AND
RESPECTFUL HEARING.
THAT IS WHAT WE PROMISED
DR. FORD.
SOME OF MY COLLEAGUES HAVE
COMPLAINED ABOUT THE FACT THAT
AN EXPERT ON THIS SIDE IS
INVESTIGATING SEX CRIMES WILL BE
QUESTIONING THE WITNESS.
I SEE NO BASIS FOR COMPLAINT,
OTHER THAN JUST PLAIN POLITICS.
THE TESTIMONY WE WILL HEAR TODAY
CONCERNS ALLEGATIONS OF
SEXUAL ASSAULT.
A VERY SERIOUS ALLEGATIONS.
THIS IS AN INCREDIBLY COMPLEX
AND SENSITIVE SUBJECT TO
DISCUSS, AND IS NOT AN EASY ONE
TO DISCUSS.
THAT IS WHY THE SENATORS ON THE
SIDE OF THE DICE AND BELIEVE AN
EXPERT WHO HAS DEEP EXPERIENCE
AND TRAINING IN INTERVIEWING
VICTIMS OF SEXUAL ASSAULT AND
INVESTIGATING A SEXUAL ASSAULT
ALLEGATIONS SHOULD BE ASKING
QUESTIONS.
THIS WILL BE IN STARK CONTRAST
TO THE GRANDSTANDING AND CHAOS
THAT WE SAW FROM THE OTHER SIDE
DURING THE PREVIOUS FOUR DAYS IN
THIS HEARING PROCESS.
I CAN THINK OF NO ONE BETTER
EQUIPPED TO QUESTION THE
WITNESSES.
MS. MITCHELL IS A CAREER
PROSECUTOR, CIVIL SERVANT, WITH
DECADES OF EXPERIENCE,
INVESTIGATING SEX CRIMES.
SHE IS DEDICATED TO SEEKING
JUSTICE FOR SURVIVORS OF THESE
CRIMES.
SHE WAS A DIVISION CHIEF IN THE
ATTORNEY'S OFFICE, WHICH IT
PROSECUTES SEX CRIMES AND FAMILY
VIOLENCE.
THEN DEMOCRATIC SENATOR
SENATOR NAPOLITANO, WE
PREVIOUSLY RECOGNIZE HER AS THE
OUTSTANDING ARIZONA
SEXUAL ASSAULT PROSECUTOR.
AND SHE HAS SPENT YEARS
INSTRUCTING PROSECUTORS AND A
CHILD PROTECTION WORKERS ON HOW
TO PROPERLY INTERVIEW VICTIMS OF
SEXUAL ASSAULT AND ABUSE.
I LOOK FORWARD TO A PRODUCTIVE
HEARING.
I UNDERSTAND THAT THERE ARE TWO
OTHER PUBLIC ALLEGATIONS.
AT TODAY'S HEARING WAS SCHEDULED
TO -- IN CLOSE CONSULTATION WITH
DR. FORD'S ATTORNEYS AND HER
TESTIMONY WILL BE THE SUBJECT OF
THIS HEARING.
WE HAVE BEEN TRYING TO
INVESTIGATE OTHER ALLEGATIONS.
AT THIS TIME, WE HAVE NOT HAD
COOPERATION FROM ATTORNEYS
REPRESENTING OTHER CLIENTS.
THEY HAVE MADE NO ATTEMPT TO
SUBSTANTIATE THEIR CLAIMS.
SHE HAS TRIED TO SECURE
TESTIMONY FROM THESE ATTORNEYS
FROM DEBORAH RAMIREZ AND JULIE
SWETNICK.
MY STAFF MADE EIGHT REQUESTS.
IT YES, REQUEST FOR EVIDENCE
FROM ATTORNEYS FROM MISS RAMIRE
MISS RAMIREZ.
AND SIX REQUESTS FOR EVIDENCE
FROM A MISS JULIE SWETNICK.
NEITHER ATTORNEY HAS MADE THEIR
CLIENTS AVAILABLE FOR
INTERVIEWS.
THE COMMITTEE CAN'T DO AN
INVESTIGATION IF THEY ARE
STONEWALLING.
I HOPE YOU WILL UNDERSTAND THAT
WE HAVE ATTEMPTED TO SEEK
ADDITIONAL INFORMATION AS WE DO
WHEN THERE ARE HOLES IN WHAT WE
CALL THE BI REPORTS.
THE WITNESSES SHOULD KNOW, WHEN
I SAY ALL THE WITNESSES, I MEAN
DR. FORD, AND I MEAN JUDGE
KAVANAUGH, ALL THE WITNESSES
SHOULD KNOW THAT THEY HAVE THE
RIGHT, UNDER SENATE RULE 26.5,
ASKING THE COMMITTEE GOING TO A
CLOSED SESSION, IF THE QUESTION
REQUIRES AN ANSWER THAT IS A
CLEAR INVASION OF THEIR RIGHT TO