A KATZ, MARSHALL & BANKS, Debra S. Katz, Partner Lisa J. Banks, Partner Michael R. Bromwich, Esquire By Hand-Delivery and Electronic Mail October 4, 2018 The Honorable Christopher A. Wray Federal Bureau of Investigation 935 Pennsylvania Aye, NW Washington, D.C. 20535 Re: Supplemental Background Investigation of Judge Brett M. Kavanaugh UPDATED - Dear Director Wray: As you are aware, the Federal Bureau of Investigation failed to interview our client, Dr. Christine Blasey Ford, in connection with its Supplemental Background Investigation of Judge Brett M. Kavanaugh. It also declined to interview witnesses whose names we provided to the FBI as possessing information highly relevant to Dr. Ford’s allegations. We write to provide you with the names of several of the witnesses we requested that the FBI interview in connection with this matter. None were contacted nor, to our knowledge, were more than a dozen other names we provided to the FBI whose interviews would have challenged the credibility of Judge Kavanaugh’s testimony before the Senate Committee on the Judiciary on September 27, 2018. They remain available to talk with law enforcement. Jeremiah Hanafin: Mr. Hanafin is a former FBI agent and professional polygraph examiner. He conducted Dr. Ford’s polygraph examination on August 7, 2018, and determined that Dr. Ford’s responses were not indicative of deception. Mr. Hanafin had the data from the examination reviewed by four independent reviewers, who all agreed with his conclusions. Mr. Hanafin would be able to discuss the examination with the FBI, as well as provide the polygraph examination data to the FBI for its independent review. He also would have been able to refute the false statements made in Rachel Mitchell’s report about Dr. Ford’s mental state on the day of the examination. Russell Ford: As described in his sworn declaration provided to the Judiciary Committee, in 2012 Dr. Ford told her husband and their couples therapist that she was sexually assaulted by Brett Kavanaugh when she was in high school. He can explain how and why this issue arose in therapy. Mr. Ford has been married to Dr. Ford since 2002 and can attest to her character and credibility. 1718 CONNECTICUT AVENUE, NW~ SIXTH FLOOR WASHINGTON, DC 20009 WWW.KMBLEGAL.COM T 202.299.1140 F 202.299.1148 A KATZ, MARSHALL & BANKS, The Honorable Christopher A. Wray October 4, 2018 Page 2 Keith Koegler: As described in his sworn declaration provided to the Judiciary Committee, Dr. Ford told Mr. Koegler in 2016 that she was assault by a man who then (in 2016) a federal judge. Shortly after Justice Anthony Kennedy’s resignation and prior to Judge Kavanaugh’ s nomination, Dr. Ford sent an email to Mr. Koegler naming Judge Kavanaugh as her assailant. Mr. Koegler has been close friends with Dr. Ford for over five years and can attest to her character and credibility. Adela Gildo-Mazzon: As described in her sworn declaration provided to the Judiciary Committee, in 2013 Dr. Ford told Ms. Gildo-Mazzon that she was previously sexually assaulted by a man who was then (in 2013) a federal judge. Ms. Gildo-Mazzon has been friends with Dr. Ford for over ten years and can attest to her character and credibility. Rebecca Olson: As described in her sworn declaration provided to the Judiciary Committee, in 2017 Dr. Ford told Ms. Olson that she was previously sexually assaulted by a man who was then (in 2017) a federal judge. Ms. Olson has been friends with Dr. Ford for over six years and can attest to her character and credibility. Kirsten Leimroth: In interviews with the media, Ms. Leimroth described a lunch meeting with Dr. Ford and Jim Gensheimer at a beachside restaurant with Dr. Ford in early July 2018, before Judge Kavanaugh was nominated. At that meeting, Ms. Leimroth says Dr. Ford named Judge Kavanaugh as her assailant and described her fears about what would happen if her name and her accusations against Judge Kavanaugh became public. Ms. Leimroth is a family friend of Dr. Ford’s and can attest to her character and credibility. See https: www.mercurynews.com/20 18 09 17 metoo spurred-christine-blasey-ford-to-open-up-about-alleged-attack-year-before-kavanaugh nomination-friends-say. Jim Gensheimer: In interviews with the media, Mr. Gensheimer described a lunch meeting at a beachside restaurant with Dr. Ford and Ms. Leimroth in early July 2018 the same meeting as the one described by Ms. Leimroth before Judge Kavanaugh was nominated. At that meeting, Mr. Gensheimer says Dr. Ford named Judge Kavanaugh as her assailant and described her fears about what would happen if her name and her accusations against Judge Kavanaugh became public. Mr. Gensheimer has been friends with Dr. Ford for over eight years and can attest to her character and credibility. See https ://www.mercurynews.comJ2O 18 09 17 metoo-spurred-christine-blasey-ford — A KATZ, MARSHALL & BANKS, The Honorable Christopher A. Wray October 4, 2018 Page 3 to-open-up-about-alleged-attack-year-before-kavanaugh-nomination-friends-say; https://www.cnn.comJ2Ol8 09 18 politics kavanaugh-accuser-friend index.html. Monica L. McLean: Ms. McLean has been friends with Dr. Ford for many years. A letter released to the public on the night of October 2, 2018, apparently written by Brian Merrick, an ex-boyfriend of Dr. Ford during her 20’s, falsely claims that Dr. Ford helped Ms. McLean prepare for a potential polygraph examination sometime in the 1990’s. Ms. McLean can attest to the falsity of the claims contained in this letter, as well as the character and credibility of Dr. Ford and that of the former boyfriend. It has come to our attention that another person who requested anonymity came forward to the FBI with information highly relevant to Judge Kavanaugh’s behavior in high school and was turned away. His sworn statement was published on October 3, 2018 in the New Yorker: https://www.newyorker.comlnews/news-desk!will-the-fbi-ignore-testimonies-from-kavanaughs former-classmates. In addition, had the FBI interviewed Dr. Ford, she would have provided her direct account of Judge Kavanaugh’s assault and answered any questions about it, including questions that Ms. Mitchell and the Judiciary Committee members were unwilling or unable to ask during the hearing. She would have also provided corroborating evidence, including her medical records and access to the phone from which she messaged The Washington Post about Judge Kavanaugh’s assault prior to his nomination to the Supreme Court. The FBI could have also asked her about her conversations with the witnesses referenced above in order to establish those witnesses’ credibility. Such an interview would have played a crucial role in providing the FBI with a full picture of all of the facts involved in this important and serious matter. A KATZ, MARSHALL & BANKS, The Honorable Christopher A. Wray October 4, 2018 Page 4 We were heartened on September 28, 2018, when Senators Flake and Coons announced that the FBI would conduct a supplemental background investigation. All those mentioned above, and more, could easily have been interviewed in the time allotted. It took tremendous courage for Dr. Ford to come forward. As she testified before the Judiciary Committee, she was eager to talk to the FBI. The “investigation” conducted over the past five days is a stain on the process, on the FBI and on our American ideal ofjustice. Sincerely, 7 Debra S. Katz Lisa J. Banks 7~4 d-te9 ~ Michael R. Bromwich Attorneys for Dr. Christine Blasey Ford cc: The Honorable Dana Boente The Honorable Mitch McConnell The Honorable Charles E. Schurner The I-Ionorable Charles E. Grassley The Honorable Dianne Feinstein