MSNBC "The Rachel Maddow Show" - Transcript: Interview with Sen. Richard Blumenthal

Interview

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MADDOW: Ever since late last week when we first learned of the existence  of sexual assault allegation -- a sexual assault allegation against Brett  Kavanaugh, the top Republican on the Judiciary Committee, the chairman, has  been steadfast that, quote, there`s no plan to change the committee`s  consideration of Judge Kavanaugh`s nomination. Then he said, quote, Judge  Kavanaugh`s nomination will proceed as scheduled with the vote on Thursday.

By yesterday, though, after the woman who brought these allegations broke  her anonymity, Senator Chuck Grassley was still continuing to insist that  the scheduled vote would still happen on Thursday, although you could  almost sense him starting to crumble.

Now, that Thursday vote is no longer happening. Instead, Judge Kavanaugh`s  confirmation vote in the committee has been postponed. A new hearing has  been scheduled at which Judge Kavanaugh and the woman who is alleging he  sexually assaulted her back in high school will be invited to testify under  oath in an open hearing before the Senate Judiciary Committee.

Joining us now is Senator Richard Blumenthal of Connecticut. He is a  member of that committee.

Senator Blumenthal, it`s good to have you with us tonight. Thank you very  much for being here.

SEN. RICHARD BLUMENTHAL (D-CT), JUDICIARY COMMITTEE: Thank you.

MADDOW: What is your top-line reaction to the news that we now have this  public hearing scheduled with both Brett Kavanaugh and with Dr. Ford, who  has alleged that he attempted to rape her?

BLUMENTHAL: My strong belief is that there has to be a full, fair FBI  investigation before that hearing so that we know facts and we`re not just  asking questions in the dark, and that investigation has to involve sworn  interviews with not only Dr. Ford and Judge Kavanaugh, but also other  witnesses who should be at that hearing.

There is a lesson in the Anita Hill experience, which is that an  abbreviated and inadequate FBI investigation there lasting only two days  resulted in many of the abusive questions and insensitive inquiries, and  second, corroborating witnesses were not called. And we need to avoid  those mistakes in this hearing, have the investigation, do the fact  finding, and know what we`re doing. You know, as a former prosecutor,  there is no way that I would put a crime victim on the stand without an  investigation, let alone a witness before the entire American people. It`s  a disservice to her and a disservice to Judge Kavanaugh.

MADDOW: As you mentioned, you are a former prosecutor. You`re also a  senator serving on the judiciary committee. I am neither of those things,  and I am just looking at this as a layman, but given the nature of the  allegation, why would it make sense that it would be the FBI doing this  kind of investigation now ahead of the hearing rather than local  authorities in the jurisdiction where the assault is alleged to have  happened?

BLUMENTHAL: The FBI can cooperate and work with those local authorities.  Very good question. If they have documents or evidence or if there was any  report at the time, it should be made available. The polygraph report, as  well as the polygrapher perhaps should be there, the therapist whose notes  were done as well as those notes. So, there are a variety of source of information.

The FBI is the one who began the background check on Judge Kavanaugh. It  has responsibility to complete that investigation. It would investigate  this kind of crime that bears on the credibility of a Supreme Court  justice, highest court in the land, lifetime appointment, far-reaching  consequences for decades and generations to come.

MADDOW: Senator, Bloomberg News reported this afternoon, early this  evening that the FBI hasn`t done any further investigation of this matter  since the allegation was initially forwarded to them by Senator Feinstein.  The way that Bloomberg News reported it was basically said that the FBI  can`t make a decision on their own to start an n investigation like that.  They have to be directed to do it. In this case, by the White House  because of the way investigations like this are administratively  structured.

Is that your understanding as well, that it has to be the White House that  would direct the FBI to open this investigation? Or could the FBI on their  own terms decide to do this? Or, again, sorry, either on their own terms  or at the request of the Senate?

BLUMENTHAL: Technically, probably a White House request is necessary, but  the chairman of the committee, Senator Grassley, could easily ask for it as  well. And the FBI on its own initiative might feel that their credibility  is at stake and they might have an obligation to complete an investigation  where there`s an outstanding criminal act and the credibility of a witness  before a Senate committee is at stake.

And I just want to be very emphatic. I believe the survivor, Dr. Ford.  There is every reason to believe a woman who has come forward at great  personal risk, facing the anguish and terror, as she put it, of a  nightmare, of vicious and hostile scrutiny, and there are a lot of reasons  to disbelieve Judge Kavanaugh after his evasive and seemingly misleading  responses to our questions at the judiciary committee hearing just a week  or so ago.

And I think we need to have a full and fair FBI investigation, learn from  the history that you have so dramatically and graphically reminded us of.

MADDOW: Senator Blumenthal, while I have you here tonight, there is  actually another story that broke late this evening that I would like the  ask you about that is right in your wheelhouse. If you could just stay  with us for a moment, have I one more question for you when we come back.

BLUMENTHAL: Sure.

MADDOW: All right. We`ll be right back with Senator Richard Blumenthal of  Connecticut.

Stay with us.

(COMMERCIAL BREAK)

MADDOW: I mentioned at the top of the show tonight at the president has  this evening ordered the declassification of a whole bunch of FBI and  Justice Department documents from the ongoing open Russia investigation.  These are sensitive and classified documents related to Carter Page and DOJ  official Bruce Ohr, text messages from Justice Department and FBI officials  including former FBI director James Comey.
The top Democrat on the Intelligence Committee, Congressman Adam Schiff, had fast and furious response to that announcement from the White House. If you have not seen this tonight, check this out.

He said, quote: President Trump, in a clear abuse of power, has decided to  intervene in a pending law enforcement investigation by ordering the  selective release of materials he believes are helpful to his defense team  and thinks will advance a false narrative.

And now, check this, with respect to some of these materials, I have been  previously informed by the FBI and Justice Department that they would  consider their release a red line that must not be crossed as they may  compromise sources and methods.

A red line that must not be crossed that the president has just crossed.Joining us once again is Senator Richard Blumenthal of Connecticut.Senator, thank you for staying with us.

BLUMENTHAL: Thank you.

MADDOW: As a member of the Judiciary Committee, Justice Department and  FBI, of course, are in your purview, I wonder if you share the concern here  as expressed by Congressman Schiff that this move to declassify all these  documents and communications about this ongoing investigation is  potentially quite dangerous.

BLUMENTHAL: It is extraordinarily dangerous. This selective review of  sensitive and classified documents puts at risk our sources and methods,  which means it endangers the very core means of our gathering intelligence.  It also demonstrates total contempt for law enforcement and rule of law.  It verges on obstruction of justice itself because he is continuing the  assault on the investigation of himself as president, and he is abusing and  misusing his authority to declassify documents.

He has that power, but there`s no justification for his abuse and misuse of  that power, putting in danger brave men and women of law enforcement and  our intelligence community.

MADDOW: Senator Richard Blumenthal of Connecticut, I really appreciate  your time tonight, sir, on both of these stories. Thanks for being with  us.

BLUMENTHAL: Thank you.

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