Trump Advocates `Very Comprehensive’ Kavanaugh Probe

the FBI's investigation into those sexual assault charges against Kavanaugh. Yeah, they have free reign. They're gonna do whatever they have to do, whatever it is they do. They'll be doing things that we never even thought of. And hopefully it's the conclusion. Everything will be fun, okay. And I want to clarify those aren't charges, their allegations. And over the weekend, Bloomberg News learned that there may be some limits on that investigation. Let's talk about this with Professor Will Banks

from Syracuse Syracuse University Law School. Professor, I want to thank you for taking the time with us this afternoon. Um, not just the limited time, because the time is going to be a week or less but a limited scope, perhaps not allowed to delve into drinking or maybe talk to some of the other accusers. Give us your thoughts on that. Well, you know, it is unclear. I heard the president quote. I saw his tweet from Saturday that suggested that the investigation was unlimited as far as the

President's concerned. And the important thing here is that that was the President speaking. Any clarification or characterization of the limits on the investigation that's offered by anyone else in the White House, unless they say they're speaking specifically for the President, that doesn't carry weight. So Don McGann doesn't set the terms of the investigation or its parameters, nor

do the members of the Senate. Uh. The fact that it's a so called limited background investigation does tell us something. It suggests that indeed, the era won't be using any compulsory process, no subpoenas or anything of that nature. They're just going to be interviewing witnesses. But you know, they could do a lot of interviews in the course of

a few days. If they're only looking at the two the first two accusers and the immediate witnesses that they say they were present at those events, then that's verily a very short list of interviewees and that could be done, as someone said as early as today. So what is your expectation for the outcome of the investigation. It's really

hard to say, you know. It's if all they're doing is talking to those two plus the witnesses to the events, it sounds like we're not going to know much more about the veracity of the statements of Judge Kavanaugh or Dr Ford, and we then we did after we heard their testimony. On the other hand, the investigation, you know, the was being interviewed now that if they declined to tell the truth that they're subject to penalty. So I think there's every reason for them to say exactly what

they know. I want to ask you a little bit about some of the criticism about Kavanaugh's behavior, how he snapped at some of the senators during the hearing, showing some partisan preference during his opening statement, and even some people were being critical of his appearance on Fox News. They just thought that wasn't becoming of a Supreme Court justice, the Supreme Court justice nominee. I want to get your

thoughts on that. Where do you stand there? Uh, you know, it's certainly not a judicial demeanor that he was exhibiting during the hearing last week are certainly by appearing on the media on television. I think, you know, the Senators who will eventually have to decide on the nomination have to look at the entire picture, the entire record, which includes not only everything leading up to the hearings, but the conduct of the hearings themselves, the original hearings, and

then this additional testimony that was given last week. I think we do have questions now about the drinking, about his character generally that we didn't have to take into account before. But as far as the FBI talking to the witnesses, the witnesses have already sent letters to Congress um and and if if, if they weren't truthful to Congress, they could be subject to perjury, perjury charges in Congress.

They've already sent letters saying that you know, they don't recall or this part, this this party that Dr Ford talked about didn't happen. Uh. It seems to me the FBI is just going to be kind of probably getting kind of the same thing. It's it's certainly possible, but you know, the bureau can ask questions that weren't anticipated by the writers of the letters. They can probe into answers that or or to suggestions or made in the

letters that lead to other questions. And you know, they're very seasoned and skillful of course at at the techniques of interviewing. So we we may well learn some things. And indeed it's possible that if if it's truly an unfettered investigation in the way that the President characterized it on the weekend, they may well find that they can talk to others by asking the the interviewees, the immediate interviewees, who else they know who was president at those events.

And I just want to remind our listeners that we are away in comments from Commerce Secretary Wilburt Ross, he too will be talking about trade and NAFTA. I'll call it NAFTA anymore. It's completely revamped now and we are waiting for the Commerce Secretary in just a few minutes. But until then, more about Kavanaugh. I'm curious about what you think the dynamic might be if and when Kavanaugh is seated on the Supreme Court, and what it might

be between the justices, well, you know, the justices. I think the eighth sitting justices are certainly uh fully capable of sort of rising above this h this period of crisis. Uh. And it is a period of crisis, I would say, And I think it's if if Kavanaugh is confirmed, that he'll be confirmed with an asterisk and way similar to the way that Justice Thomas was confirmed all those years ago in a not too dissimilar environment. It certainly took a time, I think for us to sort of put

that Thomas episode with Anita Hill behind us. It would take time, if that happens, for us to do something similar with Kavanaugh. UM. So I wouldn't worry so much about the dynamics on the court. I think the justices are are you know today, they've begun their term, They're they're getting their going with eight justices, they have a lot on their docket this year. And if it's just as Kavanaugh, he will be integrated into the mix. Based on everything you know right now, do you think Judge

Kavanaugh gets confirmed? Yeah, I think the odds are still in his favor because of the uh, just because of the partisan lineup in the Senate in Washington today. The Supreme Court is starting it's fall term, but the Court's new term is being overshadowed by the pending nomination of Brett Kavanaugh, as the FBI investigates charges sexual assault against

the Appeals Court judge. After last week's emotional Senate hearing, Democratic Senator Sheldon Whitehouse criticized kavan Off for the political nature of some of his comments last week. The fact that we're in a position in this country right now where him going soapartisan, him losing complete control over his temperament. You know they talk about judicial temperament. Didn't see much of that. Greg store is Bloomberg News Supreme Court reporter. He joins us now from more on all of this

by phone from the court. So, Greg, how is the absence of a justice they're affecting the Court's new term? Well, Peter,

they are. They're starting to hear cases heard the first ones today with just eight justices on the court, and that of course creates a very different dynamic where if they split along ideological lines as as possible they could do in in the first case, they argued today that they would have to reargue the case once they get a ninth justice, which could be in the matter of a week or two, or could be much longer than that. Are they talking about delaying hearing any cases? Not talking

about it. But so far, in terms of the cases the Court has agreed to hear um, they have not taken the most high profile, provocative cases. So, for example, there's a appending bid for review in a case involving across that is World War One memorial in the middle of a busy intersection in Maryland just outside the DC border. UM,

and the Court so far hasn't acted on that petition. Uh. They are potentially in this case, waiting to see if they have another justice who might provide the deciding vote. I'm speculating a bit here, so, but it seems like they're at least kicking the can down the road on some of those more controversial cases. But in terms of what they have scheduled, they are just going ahead as planned. Got to ask you what is the mood around all

of this in the building. It was interesting this argument today, which involved in an Endangered Species Act, was fairly contentious.

Um it uh right from the get go. UH. Justice Elena Kagan came out, one of the liberal justice came out and was pretty pretty uh forcefully arguing that uh, the endangered species that could be used to designate this this area as a critical habitat for an endangered froug And just to say, Alito, a conservative came right out after her and suggested that she was spinning the way the case was set up to produce a preferred outcome. So at least at this point, it doesn't seem like

on the bench the justices are pulling any punches. Yeah, but but you know the talk in the hallways about you know, the Kavanaugh nomination and the and the and the and the new FBI investigation going on this week. Yeah, it's um, you know, my my sense is that there is going to be some division among the people in this building over that. Um. You know, this is a very raw subject and it's crucially important for the future of the court. Um, you know, it's it's there are

two worlds that we could have going forward. We could have a court that um tries to lay low for a little while and not deal with these really controversial cases. Or you could have a world where it feels a little bit like an extension of that Senate hearing with with Judge Kavanaugh there where the two sides are even more vociferously hollering at one another. And at this point I would say that the second possibility is at least possible.

And do you get a sense that once this limited investigation by the FBI is done that Um, but let me just ask straight up, do you think Kavanaugh still gets confirmed? Here? I have so much trouble. You've covered a lot of these herring scragg and I know I'm not trying to put you on the spot, you know, Um, indications are that that the FBI investigation isn't going to tell us too much more than what we already know

could be wrong in there. We'll see where it goes. Um. You know, it will then come down to basically what it has come down to pretty much the whole time. Those few Republican senators whose votes are still up in the air. It depends on what Susan Collins thinks about his testimony, and she hasn't made that clear. It's um uh, it's been clear that and depends on what It depends on what the FBI reports too. It does depend on

with Collins and some of the others. Yeah, the one danger that that brit Kavanaugh has and maybe he didn't have a week ago. Um is that his testimony, his demeanor in the testimony was so combative that that could prompt some senators to say, hey, this is not the kind of judicious person we want on the Supreme Court. And there's also the risk that if he has caught in some smaller life something other than you know, the

big sexual assault allegation. If if there's um evidence that's clear enough that he uh misrepresented the facts about his you know, drinking or something else that you know, the references in his yearbooks, that that might be enough of a reason for so many to say, I don't trust this guy. He shouldn't be on the Supreme Court. But you know, this all depends on what's in the mind of two or three pisotal senators. And just in the last seconds, what did you make of President Trump's comments

about all this in the Rose Garden today? You know, Peter, I've been I'm afraid I've been upstairs, and you've been working and writing a story about the Endangered Species acted. So I'm gonna have to duck a ne because I haven't heard what he said. Alright, alright about that, faird Greg No problem, listen, thanks, uh, And we know, you'll be stand on you'll you'll be doing your job and we'll we'll talk to you know, Alex Wade coming up there.

Just a moment about the White House comments. But the thank you once again, and thanks and thanks for keeping us up to speed. Greg Store, Bloomberg News Supreme Court Reporter. Thanks for listening to the Bloomberg Law Podcast. You can subscribe and listen to the show on Apple podcast, SoundCloud and on bloomberg dot com slash podcast. I'm June Brosso. This is Bloomberg