SCOTUS MUH RAPE
1) The FBI had no jurisdiction to investigate a state-law assault claim.
2) Even if the FBI had had jurisdiction, it is federal practice not to investigate and prosecute minors, especially for offenses that state authorities have jurisdiction over, except in rare circumstances involving heinous crimes.
3) Even if the FBI had had jurisdiction over the offense, the bureau would never have opened an investigation of a 36-year-old allegation, even if the evidence were strong.
4) Even though the FBI had jurisdiction to conduct a background investigation of Kavanaugh, such investigations are not occasions to trigger full-blown criminal investigations of crimes the Justice Department has no jurisdiction to prosecute, but rather result in a flagging of allegations for the Senate’s consideration (which has been done here).
5) Even though Maryland state and local authorities (to whom neither Senator Feinstein nor the alleged victim apparently referred the allegation) have jurisdiction over any conceivable statutory offenses in question, they would never have opened an investigation based on a sketchy allegation of 36-year-old misconduct for which the statute of limitations lapsed decades ago (i.e., a case it would be impossible to investigate and prosecute).
6) If Feinstein had raised the allegation in a timely manner, Kavanaugh would have been questioned about it during the hearing, the flimsiness of the claim would have been apparent, Kavanaugh’s unqualified denial would have been on the record, and the committee (including Democrats who had decided even before the hearing that they would vote against Kavanaugh even if the hearing established that he was Jesus of Nazareth in a robe) could weigh the allegation for what it was worth in voting on the nomination.