Ford has no right to set conditions for Kavanaugh testimony
By Jonathan Turley, opinion contributor — 09/19/18 12:15 PM EDT
Congress is accustomed to conditional spending and conditional adjournments. It is not as accustomed to conditional witnesses. Nevertheless, Dr. Christine Blasey Ford has made her testimony on allegations against Supreme Court nominee Brett Kavanaugh conditional on the FBI launching an investigation into whether he tried to rape her in high school.
The new condition conflicts with assurances from Ford’s counsel that she was prepared to state her allegations under oath before the committee if it delayed its scheduled vote on Kavanaugh.
Ford’s demand is, to put it simply, out of line – with her prior statements, and with congressional precedent. It is not that the FBI has not investigated such allegations; it did so with Clarence Thomas. However, there is no precedent for a quid pro quo demand for testimony by a witness. Individuals can certainly refuse to testify, yet conditioning testimony on a criminal investigation by a federal agency is well beyond the province of any witness. There may indeed be a basis for reopening the FBI background investigation, but the priority is to get both the testimony of Ford and Kavanaugh under oath.
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https://thehill.com/opinion/judiciary/407405-ford-has-no-right-to-set-conditions-for-kavanaugh-testimony