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Justice Kavanaugh wrote that polygraph tests have a role to play in the application of the law. In a 2016 opinion of a three-judge panel unanimously, he ruled that the Department of Defense could refuse to disclose information about the effectiveness of polygraph tests in response to a request for information. under the Freedom of Information Act.
The studies were exempted from disclosure, Justice Kavanaugh wrote, because they were "an important enforcement tool."
"The government has satisfactorily explained how polygraph exams are used for law enforcement purposes," he wrote. He also explained how reports assessing the effectiveness of these reviews and identifying the necessary patches are also used for law enforcement purposes. In other words, the reports help to ensure that law enforcement officers make optimal use of an important enforcement tool.
– Adam Liptak
The other woman in the wings
A lawyer for Julie Swetnick, the third woman to accuse Kavanaugh of sexual misconduct, reiterated Thursday her request for a F.B.I. investigation, citing other people who might corroborate his allegations.
In a sworn statement released on Wednesday, Swetnick said that at many Washington suburbs in the early 1980s, Justice Kavanaugh and his friends used alcohol and drugs among young women.
Ms. Swetnick's story above Justice Kavanaugh's confirmation process, her attorney, Michael Avenatti, exchanged bad-faith charges with members of the Senate Judiciary Committee overseeing the proceedings, arguing that the committee did He had not begun a full investigation. Republican staff members accused Mr. Avenatti of not agreeing to cooperate in an investigation; The lawyer refused Thursday to identify his corroborating witnesses, saying they were reluctant to come forward publicly but wanted to speak with the police.
In an interview on Thursday, Avenatti said the committee members simply asked if they could interview Ms. Swetnick, possibly over the phone. This was insufficient, he said, given his calls for a full investigation, a F.B.I. investigation and an opportunity for Ms. Swetnick to formally testify about her allegations. He shared e-mails showing that he and the committee had started discussing Ms. Swetnick's claims as early as Sunday night, with the committee asking for "evidence" before sinking into the dark until Wednesday, when he released his statement. under oath.
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