[Congressional Record Volume 164, Number 159 (Wednesday, September 26, 2018)]
[Senate]
[Pages S6320-S6321]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                     Nomination of Brett Kavanaugh

  Madam President, very briefly, I wanted to add a few comments with 
regard to the vote on Judge Kavanaugh

[[Page S6321]]

that is now before the Judiciary Committee. We are told that tomorrow 
there will be testimony from both the judge and Dr. Ford, but I think 
the evidence that is on the record so far and the new allegations that 
are just breaking news at this hour continue to reinforce my belief--
and this was my belief a week ago, it was my belief a number of days 
ago, and it is still my belief today--that these allegations warrant an 
FBI investigation.
  This would not be a new endeavor for the FBI. They do this routinely 
for nominees from the Supreme Court all the way down. They, of course, 
did an investigation into the judge's background for the purposes of 
this confirmation. An investigation of these new allegations would 
simply be an update to the background check. It would be the completion 
of the background check. That is why this is not a month-long or even 
weeks-long investigation that could transpire. I would hope--and there 
is still time to do this either today or even while the Judiciary 
Committee is hearing testimony tomorrow--that there would, in fact, be 
an investigation that might last a few days. We can certainly take the 
time to do that. When you are talking about the confirmation of a 
Justice on the most important Court in the country and probably the 
most powerful Court in the world, I am sure we could take a few more 
days to complete a background check investigation.
  There are inscriptions on the Finance Building in Harrisburg--a 
building I worked in for a decade--that talk about issues like public 
service and what our government should be about. I think one of them 
applies to this circumstance, about whether there should be an 
investigation that would simply complete the background check on Judge 
Kavanaugh, which I think is necessary and reasonable and appropriate. 
Here is what was inscribed in the 1930s on this government building in 
our State capital: ``Open to every inspection; secure from every 
suspicion.'' I think those few words encapsulate what we are talking 
about here.
  I would hope that anyone--including Judge Kavanaugh but anyone who 
supports his nomination and confirmation to the Supreme Court--would 
want to have these allegations fully reviewed. I know the Senate 
Judiciary Committee has staff on both sides who do investigations. That 
is appropriate as well, but I think we have reached a point where there 
is such a divide here that it is hard to be confident about the fact 
that staffs on both sides could do a thorough investigation and 
cooperate to such a degree that it would be the equivalent of an FBI 
background check.
  I think it is important that there be an independent investigation 
or, as I said before, and I will say it again, the completion of a 
background check--not a new investigation but really an update of the 
existing background check. I would think that anyone would want that to 
be completed either prior to or even during the testimony tomorrow--it 
may provide a foundation for additional testimony by additional 
witnesses--to make sure we have reviewed every part of these 
allegations. I think that is fair to the judge. It is also fair to the 
confirmation process and, of course, fair to those who are making very 
troubling allegations.
  If the Senate Judiciary Committee, in its review of his nomination, 
would be open to an investigation, I think that would reduce the 
likelihood, as the saying goes, that there would be suspicion. If that 
happened, I think the Senate Judiciary Committee and the Senate itself 
would be secure from every suspicion because there was a background 
check completed and a full investigation.
  Madam President, I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. SCHUMER. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.