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NewsSeptember 20, 2018

WASHINGTON -- A woman accusing Supreme Court nominee Brett Kavanaugh of a long-ago sexual assault wants the FBI to get involved -- but the request is not so simple. Only the White House can order the FBI to look into the claim as part of Kavanaugh's background investigation, since Christine Blasey Ford, a psychology professor from California, is not accusing Kavanaugh of a federal crime...

Associated Press
FILE - In this Sept. 18, 2018 file photo, Sen. Claire McCaskill, D-Mo., speaks during a hearing on Capitol Hill in Washington. McCaskill is facing a double challenge as she campaigns for re-election in heavily Republican Missouri for a seat that could determine which party controls the Senate. The progressive energy that'Äôs led to insurgent Democratic victories around the country is spurring voters she should be able to count on to demand McCaskill move to the left. At the same time she must attract some who voted for President Donald Trump to win in a state he carried by almost 20 points.  (AP Photo/Pablo Martinez Monsivais, File)
FILE - In this Sept. 18, 2018 file photo, Sen. Claire McCaskill, D-Mo., speaks during a hearing on Capitol Hill in Washington. McCaskill is facing a double challenge as she campaigns for re-election in heavily Republican Missouri for a seat that could determine which party controls the Senate. The progressive energy that'Äôs led to insurgent Democratic victories around the country is spurring voters she should be able to count on to demand McCaskill move to the left. At the same time she must attract some who voted for President Donald Trump to win in a state he carried by almost 20 points. (AP Photo/Pablo Martinez Monsivais, File)

WASHINGTON -- A woman accusing Supreme Court nominee Brett Kavanaugh of a long-ago sexual assault wants the FBI to get involved -- but the request is not so simple.

Only the White House can order the FBI to look into the claim as part of Kavanaugh's background investigation, since Christine Blasey Ford, a psychology professor from California, is not accusing Kavanaugh of a federal crime.

Ford has alleged Kavanaugh pinned her on a bed and tried taking off her clothes during a high school party in Maryland in the 1980s. Kavanaugh denies the allegations, which appear to describe misdemeanors that would be beyond the statute of limitations under Maryland law.

The FBI could interview Ford, Kavanaugh and others about the allegation if Trump asked the bureau to reopen its background investigation. But Trump already has rejected that idea, saying the FBI has already done its work.

The FBI conducts background checks for federal nominees but the agency does not make judgments on the credibility or significance of allegations, according to a Justice Department statement Monday night. Instead, the department compiles information about the nominee's past and provides its findings to the agency requesting the background check. In this case, that would be the White House.

There has been no suggestion Kavanaugh may have committed a federal crime, so the FBI would not conduct a criminal investigation. But Senate Democrats are pushing for the FBI to reopen Kavanaugh's background investigation.

President Donald Trump pushed back on the issue later in the day.

"I don't think FBI really should be involved because they don't want to be involved. If they wanted to be, I would certainly do that," the president said. "But as you know, they say this is not really their thing."

Greg Rinckey, a lawyer specializing in employment law and the security clearance process, said FBI background checks aren't meant to dig up decades-old claims not resulting in a police report or criminal charges.

"That's not really what the FBI is looking for," Rinckey said. "The FBI is looking for any kind of current problem. What do I mean by current -- 7 to 10 years."

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Sen. Patrick Leahy, a former chairman of the Judiciary Committee, told CNN an additional FBI investigation "would be done" if the current committee chairman, Sen. Chuck Grassley, asked for it.

"If the chairman called the FBI and said, 'We have this question about a nominee. Would you look into it?' Of course they do," Leahy said.

Grassley rejected the idea Wednesday, saying "no other outside investigation is necessary."

The FBI did not immediately respond to questions Wednesday about whether the agency would investigate if the Judiciary Committee asked for a further query.

Whatever the FBI does, the prospect of criminal charges being filed against Kavanaugh appear very unlikely, legal experts say. If a crime had taken place, it would almost certainly fall under local jurisdiction, not federal. That means it would fall under the laws of Montgomery County, Maryland, where the statute of limitations would seem to preclude charges.

Ford's allegations appear to be misdemeanors beyond the statute of limitations under Maryland law, said Randolph Rice, a Baltimore-based attorney who specializes in sex crimes.

Nearly 30 years ago, Anita Hill accused then-Supreme Court nominee Clarence Thomas of sexually harassing her, charging he made unwanted advancements and inappropriate comments. Thomas denied the allegations.

Hill testified before the Senate Judiciary Committee in 1991, alleging Thomas had discussed pornography and graphically described his "own sexual prowess."

The FBI investigated Hill's accusations because under Republican President George H.W. Bush, the White House asked the agency to add to Thomas' background check.

Hill, now a professor at Brandeis University, told ABC News senators should halt the Kavanaugh hearing to avoid a "sham" proceeding and the FBI should investigate Ford's allegations.

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