Judge Kavanaugh has written that polygraph tests have a role to play in law enforcement. In a 2016 opinion for a unanimous three-judge panel of his court, he ruled that the Department of Defense could withhold reports concerning the effectiveness of polygraph tests in response to request under the Freedom of Information Act.
The studies were exempt from disclosure, Judge Kavanaugh wrote, because they concerned “an important law enforcement tool.”
“The government has satisfactorily explained how polygraph examinations serve law enforcement purposes,” he wrote. “It has also explained how the reports assessing the efficacy of those examinations and identifying needed fixes likewise serve law enforcement purposes. Put simply, the reports help ensure that law enforcement officers optimally use an important law enforcement tool.”
— Adam Liptak
The other woman in the wings
A lawyer for Julie Swetnick, the third woman to accuse Judge Kavanaugh of sexual misconduct, restated on Thursday her request for an F.B.I. investigation, citing other people who could corroborate her allegations.
In a sworn statement released Wednesday, Ms. Swetnick said that at multiple parties in the Washington suburbs in the early 1980s, Judge Kavanaugh and his friends plied young women with alcohol and drugs, and in some cases “gang raped” them.
With Ms. Swetnick’s story hanging over Judge Kavanaugh’s confirmation process, her lawyer, Michael Avenatti, traded accusations of bad faith with staff members on the Senate Judiciary Committee overseeing in the proceedings, arguing over why the committee had not begun a full investigation into her claims. Republican staff members accused Mr. Avenatti of not agreeing to cooperate with an investigation; the lawyer declined on Thursday to identify his corroborating witnesses, saying they were hesitant to come forward publicly but willing to speak with law enforcement.
In an interview on Thursday, Mr. Avenatti said committee members had asked simply whether they could interview Ms. Swetnick, possibly by phone. This was insufficient, he said, given his calls for a full inquiry, an F.B.I. investigation and an opportunity for Ms. Swetnick to testify formally about her allegations. He shared emails showing that he and the committee began discussing Ms. Swetnick’s claims as early as Sunday night, with the committee asking for “evidence” before going dark on him until Wednesday, when he released her sworn statement.