Posted on 09/28/2018 5:09:11 PM PDT by upchuck
President Donald Trump ordered the FBI to investigate Judge Kavanaugh, delaying his confirmation to the Supreme Court by up to a week.
“I’ve ordered the FBI to conduct a supplemental investigation to update Judge Kavanaugh’s file,” Trump said in a statement released by the White House. “As the Senate has requested, this update must be limited in scope and completed in less than one week.”
A group of Senate Republicans led by Sen. Jeff Flake urged Senate Majority Mitch McConnell to delay the Senate confirmation vote, citing his hope for more civility to the process.
Flake took a last-minute stand after conferring with Senate Democrats on Friday afternoon, publicly stating his wishes for the FBI to investigate Kavanaugh for recent accusations of sexual misconduct.
Kavanaugh signaled his willingness to cooperate with the investigation, despite repeated delays.
“Throughout this process, I’ve been interviewed by the FBI, I’ve done a number of ‘background’ calls directly with the Senate, and yesterday, I answered questions under oath about every topic the Senators and their counsel asked me,” he said in a statement released by the White House. “I’ve done everything they have requested and will continue to cooperate.”
Trump has shown surprising deference to Senate Republicans who continue to concede to the efforts by Democratic senators to delay the vote. Earlier Friday, he said he was willing to let the Senate continue the process, despite rumors of another delay.
(Excerpt) Read more at breitbart.com ...
Then go after the accusers
How about ordering a special counsel to investigate the FBI/DOJ/NSA ALSO like congress has requested?
A freakin week?!!! Why not 2 days only screw it we are in charge..why a freakin week..toooooo long!!! Don’t trust the party of Satan!!!!
It seems obvious they didn’t have the votes to confirm.
The vote was to be no earlier than Tuesday. Thursday is only a two day delay.
Murkowski said she wanted FBI. Haven’t heard from collins.
No crime scene, now witnesses, no evidence.
Good luck with that “investigation.”
No more than a week ,could take hours
We don’t have the votes.
Senate has started the procedural clock. Vote to occur as soon as FBI report is in.
They have known about this for months, when Fineswine sent her the Lawyers I GUARANTEE YOU they had multiple investigators and dozens of presstitutes scouring every last person on the planet that could possibly know the Judge, THEY HAVE NOTHING!!! This is a ruse to delay an Official Government Function using Deceit, Trickery and Dishonesty.
18 U.S.C. § 371—Conspiracy to Defraud the United States
https://www.justice.gov/jm/criminal-resource-manual-923-18-usc-371-conspiracy-defraud-us
The operative language is the so-called “defraud clause,” that prohibits conspiracies to defraud the United States. This clause creates a separate offense from the “offense clause” in Section 371. Both offenses require the traditional elements of Section 371 conspiracy, including an illegal agreement, criminal intent, and proof of an overt act.
Although this language is very broad, cases rely heavily on the definition of “defraud” provided by the Supreme Court in two early cases, Hass v. Henkel, 216 U.S. 462 (1910), and Hammerschmidt v. United States, 265 U.S. 182 (1924). In Hass the Court stated:
The statute is broad enough in its terms to include any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of government . . . (A)ny conspiracy which is calculated to obstruct or impair its efficiency and destroy the value of its operation and reports as fair, impartial and reasonably accurate, would be to defraud the United States by depriving it of its lawful right and duty of promulgating or diffusing the information so officially acquired in the way and at the time required by law or departmental regulation.
Hass, 216 U.S. at 479-480. In Hammerschmidt, Chief Justice Taft, defined “defraud” as follows:
To conspire to defraud the United States means primarily to cheat the Government out of property or money, but it also means to interfere with or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest. It is not necessary that the Government shall be subjected to property or pecuniary loss by the fraud, but only that its legitimate official action and purpose shall be defeated by misrepresentation, chicane or the overreaching of those charged with carrying out the governmental intention.
Hammerschmidt, 265 U.S. at 188.
The general purpose of this part of the statute is to protect governmental functions from frustration and distortion through deceptive practices. Section 371 reaches “any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of Government.” Tanner v. United States, 483 U.S. 107, 128 (1987); see Dennis v. United States, 384 U.S. 855 (1966). The “defraud part of section 371 criminalizes any willful impairment of a legitimate function of government, whether or not the improper acts or objective are criminal under another statute.” United States v. Tuohey, 867 F.2d 534, 537 (9th Cir. 1989).
The word “defraud” in Section 371 not only reaches financial or property loss through use of a scheme or artifice to defraud but also is designed and intended to protect the integrity of the United States and its agencies, programs and policies. United States v. Burgin, 621 F.2d 1352, 1356 (5th Cir.), cert. denied, 449 U.S. 1015 (1980); see United States v. Herron, 825 F.2d 50, 57-58 (5th Cir.); United States v. Winkle, 587 F.2d 705, 708 (5th Cir. 1979), cert. denied, 444 U.S. 827 (1979). Thus, proof that the United States has been defrauded under this statute does not require any showing of monetary or proprietary loss. United States v. Conover, 772 F.2d 765 (11th Cir. 1985), aff’d, sub. nom. Tanner v. United States, 483 U.S. 107 (1987); United States v. Del Toro, 513 F.2d 656 (2d Cir.), cert. denied, 423 U.S. 826 (1975); United States v. Jacobs, 475 F.2d 270 (2d Cir.), cert. denied, 414 U.S. 821 (1973).
And, that's rounding up.
I am of the opinion that this represents far greater legal threat to the accusers. Lying to the FBI is a federal crime that will land you in jail.
Because of that, I suspect that we will now see the accusers back off and not make any verifiable accusations.
Well played Mr. President.
Of course, he won't do that because his preferred candidate is still campaigning and could win and his backup candidate is still in mourning. I hope this too coy by half move costs him big time.
Ford’s commie attorney has already said she needs a few weeks before she can get interviewed LOL..REALLY REPUBLICANS, CAN YOU NOT SEE WHAT IS GOING ON FOR GODS SAKE WAKE UP
Never thought I’d see Donald Trump back down. They must be threatening his kid or something. One weeks delay is the same as ending the nomination, and the Left know it.
Jon Kyl was appointed to the seat previously held by John McCain September 4, 2018.
I guess after a week, the Senate will need another month to consider the findings, then call new witnesses...
It's time for Robert Mueller to bankrupt those witnesses with legal fees unless they start remembering.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.