Former FBI assistant director Chris Swecker told CNN that the accusation against Brett Kavanaugh would not hold up in court.

Swecker was asked a series of questions about the scope of potential FBI involvement with the recent sexual misconduct against the Supreme Court nominee. Kavanaugh is facing an allegation of sexual misconduct in the 11th hour of his confirmation process from Christine Blasey Ford, who has publicly accused him of assaulting her 36 years ago when they were both teenagers. Kavanaugh has forcefully denied the allegation, as has others who were allegedly present during the sexual misconduct.

Swecker said that the FBI had no business looking into the 36-year-old allegation. “The FBI has no independent jurisdiction to open up a standalone investigation of rape allegations or assault allegations that may have taken place 36 years ago,” Swecker said, “That is a local crime. Unless it involves a federal official or on federal land or has some federal nexus, there’s just jurisdiction to do it.”

Host Brooke Baldwin asked about the facts of the case and how law enforcement could prosecute with so few details. “How would you even go about investigating something like this?” Baldwin asked, “Because clearly she remembers what she says specifically happened to her, but she doesn’t remember where it happened. She doesn’t remember when it happened. How do you investigate with so few details available?”

Swecker said, “There is not much there.”

“There just can’t be any forensic evidence. I would be shocked if they brought a garment forward that might have DNA or something like that,” Swecker said, noting they could interview the alleged victim, alleged perpetrator and anyone else who might have been at the party.

“But it’s all fairly thin. None of this would hold up in court,” Swecker said bluntly.

The CNN host noted that Kavanaugh had already gone through six FBI background checks and asked what is in them.

“Well, these background checks are called special inquiries. They are very thorough,” Swecker said, “They talk to employers. They do criminal checks. They do broader checks of public information that is out there. They interview people who have relevant information: associates, social network, people who are part of their social penumbra. These are the most thorough background checks that you can possibly do.”

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