Emails and other records detailing the FBI background investigation of Brett Kavanaugh focused on misconduct claims that arose during his U.S. Supreme Court confirmation hearing must remain confidential to protect agency communication and the privacy of the now-justice and others appearing in the material, the U.S. Justice Department told a Washington federal judge Friday.

The Justice Department was responding to a Freedom of Information Act lawsuit that seeks to force the public disclosure of the FBI's supplemental background investigation.

The FBI was directed by the Trump White House to reopen its background review after decades-old claims of sexual misconduct arose during Kavanaugh's confirmation proceedings. Kavanaugh strongly denied the allegations, which included a claim he sexually assaulted a fellow Maryland high school student in the 1980s. Kavanaugh, a former federal appeals judge, was confirmed narrowly to the Supreme Court about a year ago.

The government asserts in the case, pending before Chief Judge Judge Beryl Howell of the U.S. District Court for the District of Columbia that the requested records "fall squarely within the presidential communications privilege."

"The supplemental background investigation file consists of information solicited and relied upon by the president and his advisors to aid and inform a constitutional matter of presidential decision-making: nominating a Supreme Court Justice," U.S. Justice Department lawyer Cristen Handley of the federal programs branch wrote in Friday's court filing. "As such, that file is squarely exempt from disclosure by the presidential communications privilege, and the FBI has therefore properly withheld it in full."

Loevy & Loevy lawyers Matthew Topic and Merrick Wayne represent plaintiff BuzzFeed News in the lawsuit. "We disagree with the government's efforts to withhold important information about the Kavanaugh investigation, and will continue to fight them in court," Topic said in an email.

The scope of the FBI's supplemental background investigation of Kavanaugh drew criticism at the time, as some observers questioned the thoroughness of the review. Lawyers for Christine Blasey Ford, who alleged Kavanaugh assaulted her as a teenager at a party in Maryland, said last year the Trump administration was "not interested in seeking the truth."

"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," Ford's lawyers said in a letter to FBI Director Christopher Wray. "It also declined to interview witnesses whose names we provided to the FBI as possessing information highly relevant to Dr. Ford's allegations."

Christine Blasey Ford, center, arrives with her lawyer, Michael Bromwich, left, to testify. (Photo: Andrew Harnik/Pool via Bloomberg)

The material at the center of the public records suit include notes, emails, witness reports, exhibits and other administrative documents. The Senate Judiciary Committee said in October 2018 that the FBI's supplemental background investigation did not provide corroboration to the allegations against Kavanaugh arising during his confirmation hearing.

Trump could have relied on the FBI supplemental report to withdraw Kavanaugh's nomination, Handley wrote. "Of course, the president did not withdraw Judge Kavanaugh's nomination, meaning that disclosing the file would reveal information that the president and his advisors relied upon in the president's decision to move forward with Judge Kavanaugh's nomination," Handley said in court papers.

Justice Department lawyers also asserted that any disclosure of the Kavanaugh supplemental report would unfairly invade Kavanaugh's privacy and that of others appearing in the documents.

"Here, the supplemental background investigation was specifically created in response to allegations about alcohol consumption and sexual behavior," Handley said in court papers. "Moreover, much of the information requested by plaintiffs—both in the supplemental background investigation file and the tip records—relates to Judge Kavanaugh's alleged conduct as a teenager and young adult—decades before his distinguished career in public service began—and does not concern the performance of his public duties."

Handley said the character of the information in the FBI supplemental background investigation "is highly personal and could subject Judge Kavanaugh and others to harassment or embarrassment in their private lives." She called the information "unquestionably private."

"The FBI concluded that disclosure of this information 'could reasonably be expected to subject Judge Kavanaugh to further derogatory inferences and criticism,' and 'cause undue attention and embarrassment to his family,'" Handley wrote.

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