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Feinstein Refers Mystery Kavanaugh Info to FBI, Sparking Confusion

Feinstein Says She Sent Kavanaugh Information to Federal Authorities

(Bloomberg) -- Top Senate Judiciary Democrat Dianne Feinstein notified the FBI about unspecified information she received about U.S. Supreme Court nominee Brett Kavanaugh, injecting confusion even as Republicans set a path to confirm him by the end of the month.

“I have received information from an individual concerning the nomination of Brett Kavanaugh to the Supreme Court,” Feinstein said in a statement Thursday. “That individual strongly requested confidentiality, declined to come forward or press the matter further, and I have honored that decision.” Her office declined to provide further details.

The FBI said it received the information Wednesday night and "included it as part of Judge Kavanaugh’s background file" under standard procedures.

Feinstein Refers Mystery Kavanaugh Info to FBI, Sparking Confusion

The issue involves an allegation of inappropriate sexual conduct involving a female while Kavanaugh was in high school, according to a person familiar with the matter. It’s not clear why Feinstein decided to refer it to federal authorities.

The FBI isn’t opening an investigation into Kavanaugh in response to Feinstein’s referral, according to a person familiar with the matter. 

Kavanaugh has appeared to be on track for confirmation by the Republican-controlled Senate, and the White House and Senate Republicans accused Democrats of making a last-ditch effort to block the appointment.

Feinstein’s bare-bones statement added an element of mystery to the opposition. That struggle played out anew in public Thursday when Republicans on the Judiciary Committee rejected Democratic attempts to subpoena witnesses for new testimony and get access to more documents on Kavanaugh’s work at the White House during President George W. Bush’s administration.

A White House spokeswoman said Kavanaugh has been vetted repeatedly by the FBI during his 25 years of public service, and contended that Feinstein’s move was done to undermine the confirmation.

‘11th-Hour Attempt’

“Not until the eve of his confirmation has Senator Feinstein or anyone raised the specter of new ‘information’ about him,” White House spokeswoman Kerri Kupec said in a statement. She said Senate Minority Leader Chuck Schumer has vowed to do everything he can to oppose Kavanaugh, “and it appears he is delivering with this 11th-hour attempt to delay his confirmation.”

Kavanaugh, who is President Donald Trump’s second Supreme Court nominee, was questioned for two marathon days last week at a Judiciary Committee hearing. He sidestepped Democratic efforts to pin him down on abortion and the investigations of Trump.

The Judiciary Committee plans to vote on Kavanaugh’s nomination on Sept. 20, with the aim of a full Senate vote before the high court starts its new term Oct. 1.

Senate Judiciary Chairman Chuck Grassley “is aware of Senator Feinstein’s referral,” said his spokesman, George Hartmann. “At this time, he has not seen the letter in question, and is respecting the request for confidentiality. There’s no plan to change the committee’s consideration of Judge Kavanaugh’s nomination.”

‘Badly Broken Process’

Democrats have accused Republicans of rushing Kavanaugh’s nomination to a vote and hiding documents from his time as Bush’s staff secretary and in the White House counsel’s office.

“This nomination’s going to be tainted, it will be stained by a badly broken process that has shattered the norms and broken the traditions of this committee,” Democrat Richard Blumenthal of Connecticut said at Thursday’s committee meeting.

The Intercept and Buzzfeed earlier reported that Feinstein had a confidential letter about Kavanaugh. The Intercept said Feinstein received it from Democratic Representative Anna Eshoo, who got it from someone affiliated with Stanford University, which is in her California district. Eshoo aide Emma Crisci said in an email that the office has a confidentiality policy for constituent casework and declined to comment further.

John Cornyn, the second-ranking Senate Republican, dismissed Feinstein’s statement.

“It’s a statement about a letter that nobody’s seen about a person that nobody’s named about a subject that is secret,” said Cornyn, who also sits on the Judiciary Committee. “I just think this all sounds like desperation to me.”

--With assistance from Justin Sink, Toluse Olorunnipa and Chris Strohm.

To contact the reporters on this story: Laura Litvan in Washington at llitvan@bloomberg.net;Greg Stohr in Washington at gstohr@bloomberg.net

To contact the editors responsible for this story: Joe Sobczyk at jsobczyk@bloomberg.net, Laurie Asséo, Larry Liebert

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