characterizing this as a background check. that is different from a criminal investigation. so we also have expectations that are set differently for a background check. >> john flannery, make those distinctions between background check, criminal investigation as was just noted by cheryl. >> i conducted an investigation into whether the fbi withheld information from the senate labor committee and the confirmation hearings of ray monld i don't kn -- raymond donovan. what they withheld in the investigation under the direction of the white house, reagan's white house, it appeared they withheld the fact that there was a tape from my old office, a wiretap, showing he was mobbed up. en that was withheld from the committee and therefore compromised the ability of the senators on the committee to advise and consent to the nomination. similarly here. no background investigation that was serious as it was regulated by white house counsel mcgann before the hearing and then we sat on a railroad as we tried to