Thread by @JohnWHuber

List of reasons why @JeffFlake's call for a FBI investigation "limited to 1 week" and "limited in scope" is dumb

(This will be a long list)

THREAD

Democrats will say an investigation shouldn't be limited to 1 week (in fact they're already saying it)

If it IS limited to 1 week, Dems/media will call it "rigged" and a "sham" investigation, and vote NO anyway

Additional accusers and accusations will be magically "discovered"

The FBI isn't omnipotent - they will only interview participants, under penalty of felony USC 1001 - just like the Senate already has. They're not going to examine a crime scene, they don't even have one

Mark Judge likely won't speak to FBI (he says he's a recovering alcoholic and cancer survivor suffering from anxiety). FBI cannot compel him. His lack of testimony will result in even more complaints of a "sham" investigation

Cocaine Mitch wasn't a party to this deal

The FBI works for the Executive Branch, not Congress. That means Trump has to order it

Dr. Ford will delay/delay/delay again. Likely not talking to FBI until last possible minute. This risks a delay to the 1 week timetable

Dems in Kavanaugh hearings repeatedly invoked Anita Hill. As did many in media, who also libeled Clarence Thomas as a definite "sexual predator". But FBI investigation in 1991 hearings "cleared" Thomas - no Dem cared then, and won't if they "clear" Kavanaugh this time

Ms Mitchell already said after questioning Ford that not only would she not prosecute Kavanaugh on the evidence, she wouldn't be able to even get a search warrant or affect an arrest. Nothing has changed, nor will it change

@MichaelAvenatti will incessantly demand his allegations are taken into account. When they aren't, he'll sue the DOJ

Any FBI investigation will be open to FOIA and requests will be immediately filed. Media will demand "unredacted" 302s be publicly released before the vote

Ford's lawyer @mrbromwich is experienced with FBI/DOJ and can communicate with attorney client privilege to former Deputy Director Andy McCabe. This gives him inside track on poking holes in any procedures and media will eat that up

7 more horrific days of death threats and strain on Judge Kavanaugh and his family

Kavanaugh won't be able to talk again all week - but Ford + whoever else will leak incessantly all week, including whoever is assigned to the FBI probe

No Dem will change their vote because of the FBI "investigation". Because it won't be one, and won't come to any conclusions. It will basically be interview transcripts. Joe Biden already told everyone this in 1991

Flake is only doing it because his spine was surgically removed and he wants the cover of being able to say "the FBI found nothing" so people in the media don't drag him

(They'll drag him anyway)

As soon as FBI assigns agents to the probe, Dems will inundate them with letters, claims, etc, demanding these be "taken into account"

Democrats will demand the agents involved in the probe testify before Congress - invoking the fact people like STRZOK did as a (false) precedent

Attempted rape isn't a federal crime

The FBI already took the Ford allegations into account when they updated their background check and said this was a "political" issue to resolve

There is zero risk to any accusers getting charged for lying to the FBI. Impossible politically for Trump DOJ to charge a "victim" or "survivor" with lying for having a bad memory due to being traumatized. This gives a free pass to them, but not to Kavanaugh

FBI can't compel Ford or any accuser to turn over evidence, e.g. video of Polygraph examination. They can ask, but the person knows they only have to hold out or delay for a week and the FBI can't do a damn thing about it

Kavanaugh likely to be only one to turn over any evidence

Kavanaugh is already guaranteed to miss oral argument on 4 SCOTUS cases. A week delay could make it up to 10 cases

Indulging Democrats after this week of horrific behavior just encourages them to go further and further

GOP Senators were doxxed during the hearings. Flake/Graham have been physically confronted. There will be more and more of this, increasing risk of something really bad

And after all that - at the end of ANOTHER week of hell, the Democrats and media will decry the whole process, say a week-long FBI investigation isn't long enough, and demand a "few more days" to follow new leads. (Repeat ad nauseam)

/ENDS

N.B The "positive" view for balance

—FBI could do it in a week. Took 3 days in 1991

—GOP could try to get Flake, Collins, Manchin to *commit* to a yes vote if FBI finds no crime

—Maybe MJudge surprises & testifies, ending that talking point

—BK takes seat with less of a cloud