Appearing on MSNBC's AM Joy, former federal prosecutor Paul Butler said it would be within reason for the FBI to ask Supreme Court nominee Brett Kavanaugh to take a polygraph and be asked questions about his past since the appeals court judge once defended the use of the devices as an "appropriate" investigatory tool.
With President Donald Trump okaying a limited FBI investigation of his choice to replace retiring Justice Anthony Kennedy over drinking and sexual assault allegations, Butler told host Joy Reid that it was conceivable that additional issues will come out under questioning from federal agents.
"If, for instance, this FBI investigation and her [accuser Julia Swetnick] interviews and interviews with her corroborators, who Michael Avenatti says he wants to make available to the FBI, let's just say that uncovered what appeared to be crimes. could the Maryland district attorney say 'I see crimes here' and can prosecute them?" host Reid asked.
"The statute of limitations in Maryland for rape is nonexistent," Butler replied. "Those cases can be brought at any time. For other crimes, say misdemeanor sexual assault, the statute would have expired."
He then took the investigation a step further.
"I was just going to say the FBI has a great tool that it can use," Butler suggested. "That is it [the FBI] can strap his honor to a polygraph. He's pledged to cooperate with the investigation. Judge Kavanaugh wrote an opinion in 2016 in which he said lie detectors are an appropriate tool in background investigations."
"On Thursday he told the Senate in one of his boisterous outbursts what goes around comes around," the prosecutor pointedly added, before saying, "Indeed it does."
Watch the video below via MSNBC: