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WASHINGTON — The FBI’s supplemental background investigation will be delivered soon to Capitol Hill and added to Supreme Court nominee Brett Kavanaugh’s current background investigation file.
What will be delivered, according to aides and senators, are the “302” forms of the FBI interviews, which summarize the contents of the interviews. The FBI will not be delivering findings or a conclusion as to who’s telling the truth in the case.
All 100 Senators will have access to the new information, but not their staffs. There also are 10 Judiciary Committee staffers who have access to the Kavanaugh file, which is a paper report — there are no pdf’s or emails of it. And it will not be made public.
When the supplemental background investigation is delivered, it’s unclear how the information will be disseminated to all 100 Senators in a timely fashion considering that Majority Leader Mitch McConnell wants to vote this week.
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There are not multiple copies of the background investigation file, and senators cannot go pick it up and bring it home with them. They need to either go to a secure area designated in the Judiciary Committee offices, or a designated staffer can bring it to a senator and then return it.
Republican senators said Wednesday that the file will be held in the Senate SCIF (Sensitive Compartmented Information Facility), which is the classified area of the Capitol Visitor’s Center. The SCIF could be used so more senators can be accommodated than in the Judiciary Committee offices, which are fairly small.
According to committee aides and a document dictating how the file is to be handled, “The Security Manager shall maintain in a locked safe a log that reflects the date, time, and particular FBI background investigation report received by the Committee.”
The information in the background investigation file is not marked top secret or classified, but it is not to be leaked to even characterized. Senators are “not allowed to share any details whatsoever,” a committee aide said.
That rule will likely be tested.