You have half an hour and one flashlight

Trump is telling the FBI it can’t investigate what it needs to investigate to get at the truth about Kavanaugh.

The White House is limiting the scope of the FBI’s investigation into the sexual misconduct allegations against Supreme Court nominee Brett Kavanaugh, multiple people briefed on the matter told NBC News.

While the FBI will examine the allegations of Christine Blasey Ford and Deborah Ramirez, the bureau has not been permitted to investigate the claims of Julie Swetnick, who has accused Kavanaugh of engaging in sexual misconduct at parties while he was a student at Georgetown Preparatory School in the 1980s, those people familiar with the investigation told NBC News. A White House official confirmed that Swetnick’s claims will not be pursued as part of the reopened background investigation into Kavanaugh.

Instead of investigating Swetnick’s claims, the White House counsel’s office has given the FBI a list of witnesses they are permitted to interview, according to several people who discussed the parameters on the condition of anonymity. They characterized the White House instructions as a significant constraint on the FBI investigation and caution that such a limited scope, while not unusual in normal circumstances, may make it difficult to pursue additional leads in a case in which a Supreme Court nominee has been accused of sexual assault.

The limited scope seems to be at odds with what some members of the Senate judiciary seemed to expect when they agreed to give the FBI as much as a week to investigate allegations against Kavanaugh, a federal judge who grew up in the Washington DC area and attended an elite all-boys high school before going on to Yale.

Well they don’t want to risk actually finding something.

President Donald Trump said on Saturday that the FBI has “free reign” in the investigation. “They’re going to do whatever they have to do,” he said. “Whatever it is they do, they’ll be doing — things that we never even thought of. And hopefully at the conclusion everything will be fine.”

The president also said he thinks Flake’s role in delaying the vote is fine. “Actually this could be a blessing in disguise,” Trump continued. “Because having the FBI go out, do a thorough investigation, whether its three days or seven days, I think it’s going to be less than a week. But having them do a thorough investigation, I actually think will be a blessing in disguise. It’ll be a good thing.”

No, you pud, it’s not “in disguise” – finding out the truth is a good thing.

(Also odd that he thinks seven days is less than a week, but whatev.)

If the FBI learns of others who can corroborate what the existing witnesses are saying, it is not clear whether agents will be able to contact them under the terms laid out by the White House, the two sources briefed on the matter said.

Some areas are off limits, the sources said.

So the goal isn’t to find out the truth but to pretend to do that and come back waving empty hands and shouting “Nothing there!”

Two sources familiar with the investigation said the FBI will also not be able to examine why Kavanaugh’s account of his drinking at Yale University differs from those of some former classmates, who have said he was known as a heavy drinker. Those details may be pertinent to investigating claims from Ramirez who described an alleged incident of sexual misconduct she said occurred while Kavanaugh was inebriated. Ramirez’s lawyer said Saturday that she had been contacted by the FBI and would cooperate.

The conditions under which the FBI’s reopened background check are occurring appears to differ from the one envisioned by Flake, who used his leverage as a swing vote to pressure the Trump administration to order the FBI investigation.

Flake said Friday he thought the FBI should decide the scope of the investigation.

“They’ll have to decide — the FBI you know, how far that goes,” he told reporters. “This is limited in time and scope and I think that it’s appropriate when it’s a lifetime appointment and allegations this serious and we ought to let people know that we’re serious about it.”

Updating to add elucidation by a law school professor:

So Kavanaugh can perjure himself right in front of us but as long as the FBI is blocked from talking to witnesses who can say “Oh yeah he was lying through his teeth,” he will still sail right on through to spend 20 or 30 or 40 years on the Supreme Court.

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