FBI is expected to hand over findings from their new Kavanaugh probe TODAY says senior Republican senator - but they have STILL not interviewed Christine Ford

  • Senate Majority Leader Mitch McConnell is trying to steer Kavanaugh's nomination through the Senate to a first vote on Friday
  • Senate Republicans met Wednesday and were updated on the timetable
  • The FBI is likely to hand over the documents from its Kavanaugh probe Wednesday afternoon
  • This would clear the way for McConnell to make moves for a procedural vote on Friday 
  • But new rows over secrecy and the adequacy of the probe are looming with McConnell saying it will be seen only by senators
  • Lawmakers will view the documents in a secure area 
  • Chuck Schumer, the Democratic Senate minority leader, demanded it be published in full and that senators are briefed by the lead FBI agent
  • Attorneys for all three accusers have complained about the process, with Christine Blasey Ford's writing the FBI director saying she has not spoken to agents
  • To move ahead McConnell needs support of two of three Republicans, including Sen. Susan Collins, who wants FBI to interview third accuser
  • Sen. Jeff Flake also has expressed reservations about scope of FBI background investigation of Kavanaugh  
  • President Trump faced pushback from senators after he mocked Ford at a Mississippi campaign rally 

The FBI is quickly wrapping up its investigation of Supreme Court nominee Brett Kavanaugh – and will likely deliver its final product to senators Wednesday afternoon, a senior Republican senator said.

The bureau does not at this time plan to produce any overarching analysis or conclusions of what it finds following an interview process that began Friday after a dramatic compromise hatched in the Senate Judiciary Committee.

Instead, GOP Sen. Bob Corker of Tennessee said, they will simply turn over a stack of '302s,' the forms the bureau produces during background interviews.

Senators will then get the chance to review the materials in a secure facility, Corker told DailyMail.com and a contingent of reporters in the Capitol.  

'These are 302s. And they’re just going to be a stack of those transmitted. That’s going to be it. There never has been expected to be findings,' Corker said.

'What we think is going to happen they’re going to transmit a stack of 302s where they went and talked to people. And we’ll go through those. It’s possible that they have conflicting accounts, I hope that’s not the case.'

Why hasn't she been asked: Christine Blasey Ford's attorneys Debra Katz and Michael Bromwich wrote to the FBI warning she had not been contacted at all

Why hasn't she been asked: Christine Blasey Ford's attorneys Debra Katz and Michael Bromwich wrote to the FBI warning she had not been contacted at all

He added: 'My understanding is they’re just going to send this raw data that is those 302s that they collect. I think it’s likely to happen this afternoon.' 

News of that the investigation is in its final hours comes as attorneys for Kavanaugh accuser Christine Blasey Ford complain their client has not been contacted for an interview. 

Instead, they would contain rough summaries of information provided by the six or more people FBI agents have contacted, under a deal being closely monitored by the White House and GOP senators.  

Such 302 documents contain an FBI agent's notes on information a witness provides. They don't contain analysis comparing the statements to what another witness may have said, or otherwise offer a conclusion – meaning if senators are looking for an answer on the key question of who is telling the truth, Kavanaugh or Ford, the documents very well may not provide it.

'My understanding is they’re just going to send this raw data that is those 302s that they collect. I think it’s likely to happen this afternoon,' said Sen. Bob Corker of Tennessee, signaling that the FBI is wrapping up its background investigation

'My understanding is they’re just going to send this raw data that is those 302s that they collect. I think it’s likely to happen this afternoon,' said Sen. Bob Corker of Tennessee, signaling that the FBI is wrapping up its background investigation

The official title of the 302 form is 'Form for Reporting Information That May Become Testimony.' But in this case, the hearings, and the key witness testimony, have already occurred. 

Democrats demanded further investigation after Ford testified she was '100 per cent' certain Kavanaugh assaulted her at a small party decades ago, and by allying with GOP Sen. Jeff Flake of Arizona, a key vote, were able to force the one-week probe.

Kavanaugh came back at last week's hearing with a defiant performance where he forcefully denied the charge and accused Democrats of a 'calculated and orchestrated political hit fueled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons, and millions of dollars in money from outside left-wing opposition groups.' 

Ready for a confrontation: Michael Avenatti, the attorney for third accuser Julie Swetnick said she had not been contacted by the FBI
Ready for a confrontation: Chuck Schumer, the Senate Minority Leader made clear Tuesday he wanted to see the FBI's results published in full

Ready for a confrontation: Michael Avenatti, the attorney for third accuser Julie Swetnick, said she had not been contacted by the FBI, while Chuck Schumer, the Senate Minority Leader made clear Tuesday he wanted to see the FBI's results published in full

There are at present no plans to have the FBI dispatch someone to summarize any conclusions, although Senate Republicans may request one to appear.

Corker made the comments following a closed meeting of the Senate GOP Conference where the status of the FBI's reopened probe into Kavanaugh's background was discussed.

The move keeps Senate Majority Leader on track with his plan to file a motion to cut off debate on the Kavanaugh nomination on Wednesday, which would set up a critical Friday vote.

The fast-moving developments came as attorneys for Kavanaugh accuser Christine Ford revealed the FBI has not spoken to the accuser who claims Kavanaugh sexually assaulted her.  

The 'background investigation' also came under fire from attorneys from Kavanaugh's other two accusers.

'It is inconceivable that the FBI could conduct a thorough investigation of Dr. Ford's allegations without interviewing her, Judge Kavanaugh, or the witnesses we have identified in our letters to you,' Ford's attorneys Debra Katz and Michael Bromwich wrote to the FBI's director, Christopher Wray.

John Clune, a lawyer for Debbie Ramirez, the second accuser, who was questioned at the weekend, also attacked, telling Bloomberg: 'We have great concern that the FBI is not conducting - or not being permitted to conduct - a serious investigation.'

Concerns: Attorneys for accusers Julie Swetnick and Debbie Ramirez have both said they are unhappy with the Senate Judiciary Committee and the FBI. Swetnick (pictured) has not been contacted by the FBI.
Concerns: Attorneys for accusers Julie Swetnick and Debbie Ramirez have both said they are unhappy with the Senate Judiciary Committee and the FBI. Ramirez (pictured) was questioned by agents  but her attorney said her list of witnesses has not been acted on.

Concerns: Attorneys for accusers Julie Swetnick and Debbie Ramirez have both said they are unhappy with the Senate Judiciary Committee and the FBI. Ramirez was questioned by agents  but her attorney said her list of witnesses has not been acted on. Swetnick has not been contacted by the FBI.

And Michael Avenatti, who represents the third accuser, Julie Swetnick, published emails he had sent to the Senate Judiciary Committee demanding that it  'take all steps to arrange an FBI interview' with her.   

Agents have spoken to at least six people involved in the allegations.

One of those is Mark Judge, the high school friend of Kavanaugh who was accused of being in the room when the nominee allegedly tried to rape Ford, while the other is Debbie Ramirez, the second accuser.

WHAT HAPPENS NEXT IN BRETT KAVANAUGH'S CONFIRMATION

The Senate is currently engaged in an unlimited period of debate on Supreme Court nominee Brett Kavanaugh, meaning they have the option to talk about him on the Senate floor should they so choose.

When Senate Republican Leader Mitch McConnell is ready to call for a confirmation vote, he must make a motion to end the debate, a process known as cloture. 

Senate rules require an intervening day to pass between when a GOP leader files for cloture and when the Senate votes on the cloture motion.

So if McConnell were to file for cloture on Wednesday evening, the cloture vote would 'ripen' to allow this to happen on Friday. 

If he waits until Thursday morning to file for cloture, then that vote would take place Saturday.

For cloture to be invoked for the nomination, 51 votes are required, under the 'nuclear option' rules change pushed through by Senate Republicans before the confirmation of Justice Neil Gorsuch during Trump's first year as president.

Once the cloture is invoked, that starts the clock on the final 30 hours of debate on Kavanaugh.

Senators can only vote sooner if they are able to reach unanimous agreement to do so.

Once those 30 hours are up, Senators will vote on whether or not to confirm Kavanaugh.

It takes a simple majority of 51 senators to confirm a nominee.

But since Republicans only have a 51 seat majority, they can afford to lose only one senator if all Democrats vote no on Kavanaugh.

Should it be a 50-50 vote, Vice President Mike Pence would break the tie to confirm Kavanaugh.

Advertisement

They have also spoken to Patrick 'P.J.' Smyth and Leland Keyser, both of whom Ford said were present, and to Tim Gaudette, whose home Kavanaugh's calendars showed he partied at on July 1, 1982, under the term 'skis'.

And they have spoken to 'Squi' or 'Squee', real name Chris Garrett, who Ford said she dated and who Kavanaugh's calendar put at the July 1 party.

Ford testified at length during an emotional Judiciary Committee hearing last week, where she fielded questions from Rachel Mitchell, the prosecutor hired by the all-male Senate Republicans on the panel to ask her questions. 

Gaudette, who lives in Denver, Colorado, where he works in healthcare and is a former chairman of the city's Gay and Lesbian Chamber of Commerce confirmed the interview through an attorney who said he did not want to comment further.

Smyth, a PWC managing director who works in Washington D.C. has not commented on the interview and had previously issued a statement saying he had no recollection of a party matching the one described by Ford.

Concerns about the lack of FBI action were stoked by a lengthy statement from Ramirez's attorney, Clune, who said a list of witnesses Ramirez presented does not appear to have been acted on.

'Debbie Ramirez spoke to the FBI for over two hours this past Sunday. It was a detailed and productive interview, and the agents were clearly motivated to investigate the matter in any way they were permitted,' Clune said on Twitter.

'Ms. Ramirez identified a number of witnesses, and, at the end of the interview, her lawyers provided the FBI the names and known contact information of additional witnesses (totaling more than 20) who may have corroborating information.

'Although we do not know the status of the investigation, we are not aware of the FBI affirmatively reaching out to any of those witnesses.

'Though we appreciated the agents who responded on Sunday, we have great concern that the FBI is not conducting—or not being permitted to conduct—a serious investigation.' 

The confirmation of the number of interviews led to speculation that the FBI probe could end as soon as Wednesday, which came as Senate Majority Leader Mitch McConnell said there would be a vote on Kavanaugh's nomination this week.

Counselor to the president Kellyanne Conway said Wednesday the White House had in no way blocked the FBI from talking to Ford, but also said the country had already heard from her 'for hours.'

‘No. Absolutely... the whole country heard from her last week. The whole heard from her for hours under testimony,' Conway said.

Pressed on whether the FBI would be allowed to contact her, she dodged: ‘You’d have to talk to the FBI. But the FBI has been given free range … we’re not micromanaging anything,' Conway added.

‘This woman has testified under oath for hours for all of you to see. If now you’re getting concerned about the factual inconsistencies, the memory gaps, the fact that delay has not helped her much because people from all corners of her life are coming forward when they’re telling their story,' she said, defending the president's decision to go after Ford at his Mississippi rally Tuesday night.   

The FBI had been given a deadline of Friday to end its new background investigation. 

Questioned: Tim Gaudette, whose house was where a party similar to the one described by Christine Blasey Ford took place, has been interviewed by the FBI.
Questioned: Leland Keyser, Christine Blasey Ford's longtime friend, has been interviewed by the FBI.
P.J. Smyth, a PWC executive who was named as being at the party by Ford and is named as partying at 'Tobin's' in Kavanaugh's calendars has been questioned

Questioned: Tim Gaudette, whose house was where a party similar to the one described by Christine Blasey Ford took place, has been interviewed by the FBI. So has Leland Keyser, Ford's longtime friend, and P.J. Smyth, a PWC executive who was named as being at the party by Ford and is named as partying at 'Tobin's' in Kavanaugh's calendars

Skis at Timmy's: Timmy is in fact Tim Gaudette, a Denver, CO, resident who works in the healthcare sector and who said through an attorney that he has been questioned by the FBI

Skis at Timmy's: Timmy is in fact Tim Gaudette, a Denver, CO, resident who works in the healthcare sector and who said through an attorney that he has been questioned by the FBI

Detailed: Brett Kavanaugh furnished his 1982 calendars which showed - he said - how he spent the time in the summer which Christine Ford said was when he tried to rape her  

Detailed: Brett Kavanaugh furnished his 1982 calendars which showed - he said - how he spent the time in the summer which Christine Ford said was when he tried to rape her  

WHO THE FBI ARE KNOWN TO HAVE QUESTIONED IN THE KAVANAUGH PROBE

Accuser Debbie Ramirez

She says Kavanaugh exposed himself during a dorm party in their freshman year at Yale. Her attorney says she gave a list of 20 potential witnesses to the FBI

Kavanaugh friend Mark Judge

Man who Christine Blasey Ford says was in the room when Kavanaugh tried to rape her. His attorney said his interview spread over Monday and Tuesday. 

Judge, a recovering alcoholic, has denied being present at any such event and said he believed his high school friend's innocence. He also denied claims that he and Kavanaugh spiked drinks with drugs and were present during third accuser Julie Swetnick's alleged gang rape

Kavanaugh friend Tim Gaudette

His house was the venue for a mid-week 'skis' (beers) party on July 1, 1982, according to Kavanaugh's calendars. Ford described a party with an almost identical list of attendees. His attorney confirmed an interview but did not say what Gaudette told agents.

 

 

Kavanaugh friend P.J. Smyth

He was named by Ford as being at the party downstairs when she was sexually assaulted, and featured on the July 1 'skis' night list of attendees. Has previously said he did not recall such an event.

Kavanaugh friend Chris 'Squi' Garrett

Has been named by Ford as someone she was dating in the summer of 1982, and is on the list of attendees of the 'skis' party. His attorney says he spoke to the FBI but did not disclose his evidence.

Ford friend Leland Keyser

Ford said her longtime friend was at the party where she alleges she was assaulted and was downstairs at the time.  Has denied any memory of such an event but Ford said Leland sent a text message saying she believed her.

Advertisement

However the possibility of the investigation coming to an end immediately led to the prospect of a series of new rows - over the release of the report, how senators are presented with it, and crucially, exactly who was questioned.

McConnell created dissent within his own party by saying that only senators would see the FBI's report.

But both John Cornyn, the second-most powerful Republican in the Senate, and South Carolina senator Lindsey Graham, who made himself a viral hero to conservatives with a fiery attack on Democrats over Kavanaugh, said that the public needed to get at least a sense of its contents.

Graham said he wanted to see the full report published, while Chuck Schumer, the Democratic Minority Leader, said he wanted the same.

Schumer also set up a confrontation with McConnell by saying he wanted senators to be briefed by the lead FBI agent before they voted.'

'We need to be briefed by the FBI. By the agent in charge,' Schumer told CNN.

But the largest dispute of all - and the biggest political risk for McConnell - is over exactly who agents questioned.

The public perception of the scale and scope of the FBI probe is now the key for Republicans wanting to get Kavanaugh nominated. 

McConnell is relying on the FBI investigation winning support to get the votes of the key swing senators. There are three Republicans: Lisa Murkowski (Alaska); Susan Collins (Maine); and Jeff Flake (Utah); and two Democrats: Joe Manchin (West Virginia) and Heidi Heitkamp (North Dakota).

All five have said that the FBI investigation must be adequate before they decide how to vote. 

Collins has said publicly that Swetnick needs to be questioned for her to vote 'yes'. 

Public questions over whether agents failed to investigate fully could lead to at least two of them voting Kavanaugh down, which would force a tie-break, while if three vote against, he is doomed.

Murkowski said she was not worried that McConnell was moving too fast on the nomination by promising a floor vote this week.  

Asked about McConnell's pledge to move forward with the vote, Murkowski told The Associated Press that McConnell 'talked about a vote a last week, too.'

Collins was riding with Murkowski on an underground Senate train when the question was asked, and smiled and told her colleague: 'Good answer.'

Murkowski and Collins both said they were satisfied with the scope and pace of the FBI's probe.

However Flake said that he wanted a full investigation, while Manchin and Heitkamp did not pass comment.

McConnell himself attacked Democrats for pursuing the 'politics of personal destruction' in a fiery floor speech Tuesday where he insisted the Senate would vote 'this week' on the embattled judge.  

'I wish this fight could have remained in the realm of normalcy,' McConnell said, as FBI agents continued to probe sexual assault allegations against the Supreme Court nominee.  

'Some chose a darker road. The politics of personal destruction were willfully unleashed,' McConnell said, aiming his fire at Democrats he accused of repeatedly 'moving the goalposts' to kill the nomination.

'The Democrats may be trying to move the goal posts every five minutes but their goal has not moved an inch. They will not be satisfied unless they have brought down Brett Kavanaugh's nomination,' said McConnell. 

Senate Majority Leader Mitch McConnell is trying to steer Kavanaugh's nomination through the Senate as the FBI interviews accusers and potential witnesses

FBI investigators are probing Kavanaugh accusers. It is unclear the extent to which they may run down allegations of excessive drinking in high school and college

Questioned: P.J. Smyth (third from right) has been questioned about his presence at a party described by Christine Blasey Ford when he was a high school friend of Brett Kavanaugh

Questioned: P.J. Smyth (third from right) has been questioned about his presence at a party described by Christine Blasey Ford when he was a high school friend of Brett Kavanaugh

McConnell, who successfully kept Judge Merrick Garland from getting a hearing during the Obama administration of 'delay, delay, delay.'

'Who are we kidding, shot back Sen. Minority Leader Charles Schumer. 

'I want to ask the leader to answer a direct question: does he believe or not believe Dr. Ford, yes or no,' said Schumer, referencing accuser Christine Blasey Ford.

Schumer fumed in an angry response to McConnell delivered on the floor: 'What a double standard. How galling.

'Accusing Democrats of needlessly delaying a Supreme Court nomination is galling, is hypocritical coming from a leader who delayed the nomination of a Supreme Court justice for over 300 days until his party had a chance to win the White House.

'So no one, no American should accept his admonishments about delay. He's the master of delay,' he added.

McConnell slammed the third accuser, Julie Swetnick, whose allegations were brought forward by Stormy Daniels lawyer Michael Avenatti.

'A tabloid lawyer organized a red carpet rollout for someone who wanted to accuse Judge Kavanaugh of masterminding some kind of high school drug and serial sexual assault ring,' said McConnell. 

'This is how desperate some became,' said McConnell.

But he vowed: 'One thing for sure: the Senate will vote on Judge Kavanaugh, here on this floor, this week. here on this floor, this week.' 

is planning procedural steps that could set up a vote on confirming Brett Kavanaugh to the Supreme Court on Sunday – but an ongoing FBI investigation could throw off the timing.

McConnell, who demanded speedy confirmation of the Supreme Court nominee after Christine Blasey Ford first brought forward her sexual assault allegations against the nominee, must attend to the wishes of three Senate Republican holdouts: Susan Collins, Jeff Flake, and Lisa Murkowski.

His latest strategy is to move to end debate midweek, which would set up a vote to cut off debate on the Kavanaugh nomination on Friday. That in turn would set up a potential Sunday confirmation vote. 

'But that timetable means the FBI investigation must be complete by Wednesday, and that's where the situation becomes dicey for McConnell,' Politico reported. 

The FBI was on track to quickly wrap up its probe under initial direction to interview just four witnesses. But the latest direction, after an outcry from Democrats and a few Republicans, instructed agents to follow the leads they deem fit.  

NBC had reported the FBI was authorized only to query only four people: witnesses to the alleged assault by Christine Blasey Ford, Ford herself, and fellow accuser Deborah Ramirez, under arrangements also made with the Senate Judiciary Committee. 

The others were Kavanaugh friend Mark Judge and P.J. Smyth, as well as Ford friend Leland Keyser, who Ford says attended the party where Kavanaugh allegedly assaulted her. 

But Collins was among those arguing the FBI should be allowed to interview a third Kavanaugh accuser, Julie Swetnick, who is represented by Stormy Daniels attorney Michael Avenatti, and who claims Kavanaugh was present during a gang rape at a house party.

Under an agreement reached with Flake and other holdouts, the White House gave the FBI instruction to complete its investigation by the end of the week. If the FBI does not finish its probe by Wednesday, McConnell and GOP leaders are likely to hold off until it is completed. 

As before, a key vote is Sen. Susan Collins of Maine. 

Her spokeswoman, Annie Clark, said Collins, Sen. Jeff Flake, and Sen. Lisa Murkowski 'advocated for the additional background investigation because she believed that it could help the senators evaluate the claims that have been brought to the Judiciary Committee,' 

'That would include the allegations that were brought by Julie Swetnick,' she told the Portland Press Herald

Senate Judiciary Committee member Senator Jeff Flake (R-AZ) (C) speaks with colleagues after a hearing on Capitol Hill in Washington, DC on September 28, 2018, on the nomination of Brett M. Kavanaugh to be an associate justice of the Supreme Court of the United States

Senate Judiciary Committee member Senator Jeff Flake (R-AZ) (C) speaks with colleagues after a hearing on Capitol Hill in Washington, DC on September 28, 2018, on the nomination of Brett M. Kavanaugh to be an associate justice of the Supreme Court of the United States

FBI investigators 'can determine whom they need to speak with and should follow appropriate leads. Senator Collins was encouraged by the President's statements that he would give the FBI agents the latitude they need to do their work. It makes sense to start with the four named witnesses from the hearing and then the FBI can follow any leads that it believes need to be pursued, as Senators Flake, Murkowski, and Collins indicated at the time this agreement was made,' Clark said.

McConnell's more deliberative pace is a departure from late September – after Ford's bombshell allegations emerged. Kavanaugh has strongly denied them.

'In the very near future, Judge Kavanaugh will be on the United States Supreme Court,' McConnell vowed at a Value Voters Summit . 'So my friends, keep the faith, don't get rattled by all of this. We're going to plow right through it and do our job,' he said.

Campaigning in first-in-the-nation primary state New Hampshire, Flake got asked what would cause him to oppose Kavanaugh. He responded by pointing to 'any evidence that corroborates' assault allegations, MyChamplainValley.com reported. 

'Any nominee that lies to the committee, that is disqualifying,' Flake added. 

He also has called for a thorough investigation. 'It does us no good to have an investigation that just gives us more cover,' he told a Forbes summit. 

The comments below have been moderated in advance.

The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline.

We are no longer accepting comments on this article.