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Excerpt: "From the start, Deborah Ramirez's legal team had called for the F.B.I. to conduct an investigation."

Lawyers for Deborah Ramirez say that she was willing to cooperate with Senator Chuck Grassley and the Judiciary Committee. (photo: Mark Peterson/The New Yorker)
Lawyers for Deborah Ramirez say that she was willing to cooperate with Senator Chuck Grassley and the Judiciary Committee. (photo: Mark Peterson/The New Yorker)


E-mails Show That Republican Senate Staff Stymied a Kavanaugh Accuser's Effort to Give Testimony

By Ronan Farrow and Jane Mayer, The New Yorker

28 September 18

 

hroughout Thursday’s Senate hearing on Christine Blasey Ford’s sexual-misconduct allegation against Brett Kavanaugh, Republicans on the Judiciary Committee claimed that they had tried in vain to secure more information about other accusations made about the judge. “We were moving heaven and earth and even moving the schedule to get to the truth,” Senator Thom Tillis, of North Carolina, said. “Every opportunity you have to go and question a witness, every opportunity that we’ve had to find more truth and to find more facts, we have done it.” Senator Chuck Grassley, of Iowa, the chairman of the committee, said, about an allegation of sexual misconduct raised last week by a former college classmate of Kavanaugh’s, Deborah Ramirez, “My staff made eight requests—yes, eight requests—for evidence from attorneys for Ms. . . . Ms. Ramirez.” He added, “The committee can’t do an investigation if attorneys are stonewalling.”

On Wednesday, several conservative-media outlets published leaks of some of the e-mail correspondence between Ramirez’s team and Republican committee staffers, which appeared to back up Grassley’s characterization. But a fuller copy of the e-mail correspondence between Ramirez’s legal team and Republican and Democratic Senate staffers shows that a Republican aide declined to proceed with telephone calls and instead repeatedly demanded that Ramirez produce additional evidence in written form. Only then could any conversation about her testimony proceed. The exchange culminated in a breakdown of communication between the two sides, as Republican and Democratic staffers traded accusations of stonewalling.

The e-mails show that Mike Davis, a senior Republican committee staffer, approached Ramirez’s attorneys on Sunday evening, shortly after The New Yorker published a piece about Senate Democrats investigating her allegation of sexual misconduct by Kavanaugh during their college years. Ramirez told The New Yorker that Kavanaugh had exposed himself at a drunken dormitory party, thrust his penis in her face, and caused her to touch it without her consent as she pushed him away. Kavanaugh has repeatedly said that the allegations are false.

From the start, Ramirez’s legal team had called for the F.B.I. to conduct an investigation. Her attorney John Clune told Davis that Ramirez was seeking an F.B.I. investigation and said that, “on appropriate terms, she would also agree to be interviewed in person.” But when Clune proposed a phone call several times, Davis repeatedly insisted that Clune answer two questions: Did Ramirez possess evidence in addition to what was in the New Yorker article? And was she willing to provide testimony to the committee’s investigators?

Clune answered the Republican staffer’s questions, suggesting that Ramirez did, in fact, have additional witnesses and other evidence. And, he said, of Ramirez’s willingness to testify to the committee’s investigators, “We couldn’t answer without learning more from you about the details of whatever process you are contemplating. After hearing more, we would advise the client accordingly.” Davis then requested that Ramirez’s team provide evidence in the form of a letter, e-mail, or statement to the committee’s investigators before he would consider a call. Clune continued to try to schedule a call with a Democratic staffer on the e-mail thread, but Davis wrote back to him, saying that, “before we discuss a phone call or any other next steps, again, we need to have the following information,” and reiterated the two questions.

At that point, Heather Sawyer, the Democratic staffer who was copied on the e-mails in accordance with committee policy, wrote to Davis, “As you’re aware, Ms. Ramirez’s counsel have repeatedly requested to speak with the Committee, on a bipartisan basis, to determine how to proceed. You refused. I’ve never encountered an instance where the Committee has refused even to speak with an individual or counsel. I am perplexed as to why this is happening here, except that it seems designed to ensure that the Majority can falsely claim that Ms. Ramirez and her lawyers refused to cooperate. That simply is not true.”

Davis responded, “I have not refused to speak with anyone. I am simply requesting – for the 7th time now over the last 48 hours – that Ms. Ramirez’s attorneys provide the Senate Judiciary Committee with any evidence that they have before we move to the next steps.” (Emphasis in original.) Finally, one of Ramirez’s lawyers sent a formal letter requesting an F.B.I. investigation. The letter said that Ramirez “is willing to cooperate with the Committee,” and that her efforts to do so were being rebuffed.

Sawyer did not respond to a request for comment. A Democratic staffer responding on her behalf confirmed that the e-mails were accurate.

Davis did not comment, but he provided a separate personal e-mail sent to one of Ramirez’s attorneys, noting that they were acquaintances and saying, “I look forward to working with you on this matter.” In a statement, a Republican committee aide said, “Our staff proactively reached out to Ms. Ramirez’s attorney just minutes after she went public in the New Yorker, and we did so on a bipartisan basis. As a general practice, the committee requests to review any evidence or statement before determining how best to proceed with an investigation. This is necessary given the sheer volume of claims that the committee receives. Our staff asked on seven separate occasions over the course of 48 hours for any evidence or statement Ms. Ramirez would be willing to provide. Unfortunately, her counsels have not provided the committee with any such material to review.” The aide noted that the committee asked Kavanaugh about the allegation during an interview this week.

Ramirez’s attorney, Clune, disputed that description of the committee’s response, saying in a statement that he had responded “quickly and positively” to each of the committee’s inquiries. “Almost immediately in our correspondence, they became less interested in hearing from her and more interested in discovering what witnesses we could bring forward. Since it was only the majority staff that made these demands, as the minority staff questioned those demands as unprecedented, we became suspicious that any disclosures we might file would be shared inappropriately with Judge Kavanaugh or others to prepare and attack Debbie’s account,” Clune wrote. “Since Debbie’s interest was in an F.B.I. investigation where Judge Kavanaugh could be questioned under oath, we didn’t feel comfortable releasing this information without their assurances. We continued to attempt to negotiate in good faith by submitting a lengthier letter providing more information as well as Debbie’s request for investigation. Other than replying ‘received’ on Thursday morning, the committee has not responded. It is remarkable that the committee admits they had enough information to question Judge Kavanaugh under oath on Debbie’s statements in The New Yorker, yet that very same information was insufficient for Debbie’s counsel to earn even a phone call.”

Ford’s road to testifying was also marked by partisan rancor and allegations of stonewalling by both sides. In an e-mail last week, Ford’s attorney Debra Katz wrote to the committee’s majority staff, saying, “The imposition of aggressive and artificial deadlines regarding the date and conditions of any hearing has created tremendous and unwarranted anxiety and stress on Dr. Ford.” In announcing Ford’s agreement to testify after days of tense exchanges, Katz wrote that “many aspects” of the terms under which she would testify “are fundamentally inconsistent with the Committee’s promise of a fair, impartial investigation into her allegations, and we are disappointed with the leaks and the bullying that have tainted the process.”

Before Ford testified, Republicans on the Judiciary Committee announced that a vote on Kavanaugh would proceed on Friday. After yesterday’s hearing, Grassley told reporters that the committee would meet on Friday morning for the vote, as planned.

E-mails exchanged between Ramirez’s legal team and Republican and Democratic Senate staffers obtained by The New Yorker have been reproduced below. Contact information has been redacted. The e-mails have also been placed in chronological order.

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