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| Kavanaugh’s Supporters and His Accuser Are at an Impasse Over Her Testimony | |
| (35 minutes later) | |
| WASHINGTON — The confrontation between Judge Brett M. Kavanaugh and his accuser devolved into a polarizing stalemate on Wednesday as Democrats and Republicans advanced competing narratives to convince voters that the other side has been unfair in the Supreme Court confirmation battle. | WASHINGTON — The confrontation between Judge Brett M. Kavanaugh and his accuser devolved into a polarizing stalemate on Wednesday as Democrats and Republicans advanced competing narratives to convince voters that the other side has been unfair in the Supreme Court confirmation battle. |
| Christine Blasey Ford, the professor who alleged that Judge Kavanaugh sexually assaulted her when they were teenagers, said a Senate hearing set for Monday to hear her allegation would not be fair and Democrats insisted that an F.B.I. investigation take place first. Backed by President Trump, Senate Republicans rejected any F.B.I. inquiry, and said that Monday was her chance to be heard. Republicans later set a meeting for Wednesday for a possible vote. | |
| Dr. Blasey’s resistance to appearing before the Senate Judiciary Committee on Monday seemed to galvanize Republicans and drew wavering Republican senators back into Judge Kavanaugh’s camp. Barring new information or an agreement by Dr. Blasey to testify after all, Judge Kavanaugh may now have enough momentum to be confirmed as early as next week on a party-line vote. | Dr. Blasey’s resistance to appearing before the Senate Judiciary Committee on Monday seemed to galvanize Republicans and drew wavering Republican senators back into Judge Kavanaugh’s camp. Barring new information or an agreement by Dr. Blasey to testify after all, Judge Kavanaugh may now have enough momentum to be confirmed as early as next week on a party-line vote. |
| Hanging over the impasse were the midterm elections, now less than seven weeks away. Republicans were determined to confirm Judge Kavanaugh before then, knowing that if Democrats managed to win control of the Senate, it would be exponentially harder to approve any nominees sent by Mr. Trump. Conversely, for Democrats, a delay in voting on Judge Kavanaugh would increase the chances of blocking his confirmation and enhance the influence Democrats would have over who eventually fills the vacant seat. | Hanging over the impasse were the midterm elections, now less than seven weeks away. Republicans were determined to confirm Judge Kavanaugh before then, knowing that if Democrats managed to win control of the Senate, it would be exponentially harder to approve any nominees sent by Mr. Trump. Conversely, for Democrats, a delay in voting on Judge Kavanaugh would increase the chances of blocking his confirmation and enhance the influence Democrats would have over who eventually fills the vacant seat. |
| In a statement, Lisa J. Banks, a lawyer for Dr. Blasey, said on Wednesday that her client was still willing to work with the Judiciary Committee, but was not convinced that a hearing featuring just her and Judge Kavanaugh would be adequate. | In a statement, Lisa J. Banks, a lawyer for Dr. Blasey, said on Wednesday that her client was still willing to work with the Judiciary Committee, but was not convinced that a hearing featuring just her and Judge Kavanaugh would be adequate. |
| “The committee’s stated plan to move forward with a hearing that has only two witnesses is not a fair or good faith investigation; there are multiple witnesses whose names have appeared publicly and should be included in any proceeding,” Ms. Banks said. “The rush to a hearing is unnecessary, and contrary to the committee discovering the truth.” | “The committee’s stated plan to move forward with a hearing that has only two witnesses is not a fair or good faith investigation; there are multiple witnesses whose names have appeared publicly and should be included in any proceeding,” Ms. Banks said. “The rush to a hearing is unnecessary, and contrary to the committee discovering the truth.” |
| Senator Charles E. Grassley, Republican of Iowa and the committee chairman, said he was flexible on how to handle the questioning of Dr. Blasey but not on the date. He offered to hold a public hearing or to conduct the interview behind closed doors, whichever she preferred. He said she could be questioned by staff members rather than senators, and that he would even send lawyers to California to interview her, if she liked. | Senator Charles E. Grassley, Republican of Iowa and the committee chairman, said he was flexible on how to handle the questioning of Dr. Blasey but not on the date. He offered to hold a public hearing or to conduct the interview behind closed doors, whichever she preferred. He said she could be questioned by staff members rather than senators, and that he would even send lawyers to California to interview her, if she liked. |
| But he rejected Dr. Blasey’s request that the F.B.I. investigate her charges before any hearing and made clear that he would not postpone it past Monday. “It would be a disservice to Dr. Ford, Judge Kavanaugh, this committee and the American people to delay this hearing any further,” he wrote in a letter to committee Democrats. | But he rejected Dr. Blasey’s request that the F.B.I. investigate her charges before any hearing and made clear that he would not postpone it past Monday. “It would be a disservice to Dr. Ford, Judge Kavanaugh, this committee and the American people to delay this hearing any further,” he wrote in a letter to committee Democrats. |
| The mood at the White House improved on Wednesday, and Mr. Trump referred to Judge Kavanaugh as “Justice Kavanaugh” three times during a seven-minute exchange with reporters. He again avoided directly attacking Dr. Blasey, but said he found her charges hard to believe. | The mood at the White House improved on Wednesday, and Mr. Trump referred to Judge Kavanaugh as “Justice Kavanaugh” three times during a seven-minute exchange with reporters. He again avoided directly attacking Dr. Blasey, but said he found her charges hard to believe. |
| “I think it’s a very unfair thing what’s going on,” the president said. | “I think it’s a very unfair thing what’s going on,” the president said. |
| Still, he seemed to leave open the possibility that he might have to find another nominee if Dr. Blasey proved persuasive. | Still, he seemed to leave open the possibility that he might have to find another nominee if Dr. Blasey proved persuasive. |
| “Look, if she shows up and makes a credible showing, that will be very interesting and we’ll have to make a decision,” Mr. Trump said. “But I can only say this: He is such an outstanding man. Very hard for me to imagine that anything happened.” | “Look, if she shows up and makes a credible showing, that will be very interesting and we’ll have to make a decision,” Mr. Trump said. “But I can only say this: He is such an outstanding man. Very hard for me to imagine that anything happened.” |
| Democrats acknowledged that Republicans seemed to have reassured the members of their conference uneasy over the allegation and could confirm Judge Kavanaugh on the strength of their razor-thin 51-to-49 majority. | Democrats acknowledged that Republicans seemed to have reassured the members of their conference uneasy over the allegation and could confirm Judge Kavanaugh on the strength of their razor-thin 51-to-49 majority. |
| “Clearly, the Senate Republicans have decided to tough it out, and they are worried about one constituency at this point,” Senator Richard J. Durbin, Democrat of Illinois, said in an interview. “It is not the American public; it is the six or seven Senate Republicans who objected last week to a hurry-up hearing. They think they have them back in their corner.” | “Clearly, the Senate Republicans have decided to tough it out, and they are worried about one constituency at this point,” Senator Richard J. Durbin, Democrat of Illinois, said in an interview. “It is not the American public; it is the six or seven Senate Republicans who objected last week to a hurry-up hearing. They think they have them back in their corner.” |
| Still, the emergence of Dr. Blasey’s allegation may have cost Republicans the chance of winning support from any of the red-state Democrats they were hoping to enlist. Senator Claire McCaskill, a Democrat facing a competitive re-election in Missouri, announced Wednesday that she will vote against confirmation of Justice Kavanaugh. | Still, the emergence of Dr. Blasey’s allegation may have cost Republicans the chance of winning support from any of the red-state Democrats they were hoping to enlist. Senator Claire McCaskill, a Democrat facing a competitive re-election in Missouri, announced Wednesday that she will vote against confirmation of Justice Kavanaugh. |
| Ms. McCaskill said she was concerned about the accusation against the judge, but based her decision on campaign finance law. “He has revealed his bias against limits on campaign donations, which places him completely out of the mainstream of this nation,” she said in a statement. | Ms. McCaskill said she was concerned about the accusation against the judge, but based her decision on campaign finance law. “He has revealed his bias against limits on campaign donations, which places him completely out of the mainstream of this nation,” she said in a statement. |
| Dr. Blasey, 51, a university professor in Northern California who is also known by her married name, Ford, has accused Judge Kavanaugh, 53, of pinning her to a bed, groping her, trying to remove her clothing and covering her mouth to keep her from screaming during a party in the early 1980s when the two were teenagers in Maryland. Judge Kavanaugh has categorically denied the allegation, and the only other person Dr. Blasey said was in the room has also said he does not remember such an assault and had never seen Judge Kavanaugh behave that way. | Dr. Blasey, 51, a university professor in Northern California who is also known by her married name, Ford, has accused Judge Kavanaugh, 53, of pinning her to a bed, groping her, trying to remove her clothing and covering her mouth to keep her from screaming during a party in the early 1980s when the two were teenagers in Maryland. Judge Kavanaugh has categorically denied the allegation, and the only other person Dr. Blasey said was in the room has also said he does not remember such an assault and had never seen Judge Kavanaugh behave that way. |
| Another high school friend, Patrick J. Smyth, came forward on Wednesday, saying he was one of two other people Dr. Blasey identified being elsewhere in the house at the time of the alleged assault. In a letter to the Judiciary Committee, Mr. Smyth said he did not remember anything like it. | Another high school friend, Patrick J. Smyth, came forward on Wednesday, saying he was one of two other people Dr. Blasey identified being elsewhere in the house at the time of the alleged assault. In a letter to the Judiciary Committee, Mr. Smyth said he did not remember anything like it. |
| “I have no knowledge of the party in question; nor do I have any knowledge of the allegations of improper conduct she has leveled against Brett Kavanaugh,” he wrote. He added, “I have never witnessed any improper conduct by Brett Kavanaugh towards women.” | “I have no knowledge of the party in question; nor do I have any knowledge of the allegations of improper conduct she has leveled against Brett Kavanaugh,” he wrote. He added, “I have never witnessed any improper conduct by Brett Kavanaugh towards women.” |
| With the conflict over the confirmation and the supercharged allegations taking place so close to the midterms, both sides were deeply anxious about the possible effect and were eager to blame the other. Republicans argued that they have given Dr. Blasey an opportunity to tell her story to the Senate, either in public or in private, while Democrats said the refusal to call in the F.B.I. showed that the president’s party was not really interested in finding the truth. | With the conflict over the confirmation and the supercharged allegations taking place so close to the midterms, both sides were deeply anxious about the possible effect and were eager to blame the other. Republicans argued that they have given Dr. Blasey an opportunity to tell her story to the Senate, either in public or in private, while Democrats said the refusal to call in the F.B.I. showed that the president’s party was not really interested in finding the truth. |
| “This process has been off the rails for a long time now, but the last 24 hours signal a new low,” said Senator Sheldon Whitehouse, Democrat of Rhode Island. He noted that Dr. Blasey has been harassed and forced to leave her own home since bringing her account to the public. “In the fact of this, Republicans are jamming her into a ‘take it or leave it’ kangaroo hearing without even the courtesy of proper investigation of her claims. It is a disgrace.” | “This process has been off the rails for a long time now, but the last 24 hours signal a new low,” said Senator Sheldon Whitehouse, Democrat of Rhode Island. He noted that Dr. Blasey has been harassed and forced to leave her own home since bringing her account to the public. “In the fact of this, Republicans are jamming her into a ‘take it or leave it’ kangaroo hearing without even the courtesy of proper investigation of her claims. It is a disgrace.” |
| Senator Lindsey Graham, a Republican committee member from South Carolina and ally of the president’s who traveled with him on Wednesday to view hurricane damage, said that requiring an F.B.I. investigation before a hearing would not be “about finding the truth but delaying the process until after the midterm elections,” when Democrats hope to win control of the Senate. | Senator Lindsey Graham, a Republican committee member from South Carolina and ally of the president’s who traveled with him on Wednesday to view hurricane damage, said that requiring an F.B.I. investigation before a hearing would not be “about finding the truth but delaying the process until after the midterm elections,” when Democrats hope to win control of the Senate. |
| “It is imperative the Judiciary Committee move forward on the Kavanaugh nomination and a committee vote be taken as soon as possible,” Mr. Graham said in a statement. | “It is imperative the Judiciary Committee move forward on the Kavanaugh nomination and a committee vote be taken as soon as possible,” Mr. Graham said in a statement. |
| For many Democrats, the insistence on quick action and the charge of obstructionism rang hollow given that Republicans refused to even meet with President Barack Obama’s Supreme Court nominee, Judge Merrick B. Garland, in 2016. Judge Garland never received a hearing, and the vacant seat resulting from the death of Justice Antonin Scalia was eventually filled by Mr. Trump’s first Supreme Court choice, Neil M. Gorsuch. | For many Democrats, the insistence on quick action and the charge of obstructionism rang hollow given that Republicans refused to even meet with President Barack Obama’s Supreme Court nominee, Judge Merrick B. Garland, in 2016. Judge Garland never received a hearing, and the vacant seat resulting from the death of Justice Antonin Scalia was eventually filled by Mr. Trump’s first Supreme Court choice, Neil M. Gorsuch. |
| Three of the Republican senators who had insisted on postponing a committee vote on Judge Kavanaugh originally scheduled for Thursday until hearing from Dr. Blasey have now said she should testify on Monday. | Three of the Republican senators who had insisted on postponing a committee vote on Judge Kavanaugh originally scheduled for Thursday until hearing from Dr. Blasey have now said she should testify on Monday. |
| “I don’t think she can reject all those options because otherwise there are these very serious allegations hanging over the head of a nominee who has emphatically denied them,” Senator Susan Collins told a radio station in her home state, Maine, on Wednesday. “That’s just not a good way for us to end. So I think she needs to come forward, and we need to provide her with any protection she may ask for herself and her family.” | “I don’t think she can reject all those options because otherwise there are these very serious allegations hanging over the head of a nominee who has emphatically denied them,” Senator Susan Collins told a radio station in her home state, Maine, on Wednesday. “That’s just not a good way for us to end. So I think she needs to come forward, and we need to provide her with any protection she may ask for herself and her family.” |
| Ms. Collins noted that Dr. Blasey had secured the services of lawyers and should be prepared for testifying. “There’s more than a week between when she made the allegations and the date of the hearing,” she said. “I just don’t understand why the hearing shouldn’t go forth.” | Ms. Collins noted that Dr. Blasey had secured the services of lawyers and should be prepared for testifying. “There’s more than a week between when she made the allegations and the date of the hearing,” she said. “I just don’t understand why the hearing shouldn’t go forth.” |
| Following the advice of aides, Mr. Trump refrained from any inflammatory comments about the court fight. “If she shows up, that would be wonderful,” he told reporters before leaving for North Carolina. “If she doesn’t show up, that would be unfortunate.” | Following the advice of aides, Mr. Trump refrained from any inflammatory comments about the court fight. “If she shows up, that would be wonderful,” he told reporters before leaving for North Carolina. “If she doesn’t show up, that would be unfortunate.” |
| “I’d really want to see her,” the president said. “I really would want to see what she has to say.” | “I’d really want to see her,” the president said. “I really would want to see what she has to say.” |
| The allegations against Judge Kavanaugh appeared to diminish his public standing, according to a new Reuters/Ipsos poll. Opposition to his confirmation rose by six percentage points to 36 percent in a survey that began before Dr. Blasey went public and continued through Monday after The Post article. Only 31 percent said they support his confirmation, which would rank him among the lowest nominees if he were eventually confirmed. | The allegations against Judge Kavanaugh appeared to diminish his public standing, according to a new Reuters/Ipsos poll. Opposition to his confirmation rose by six percentage points to 36 percent in a survey that began before Dr. Blasey went public and continued through Monday after The Post article. Only 31 percent said they support his confirmation, which would rank him among the lowest nominees if he were eventually confirmed. |
| While Dr. Blasey and Democrats have called for an F.B.I. investigation before a hearing, it is unlikely the bureau would open a criminal investigation of Judge Kavanaugh because Dr. Blasey’s accusations do not involve a potential federal crime. Sexual assault would typically be a state crime, and the passage of more than three decades would make any prosecution problematic, according to legal experts. | While Dr. Blasey and Democrats have called for an F.B.I. investigation before a hearing, it is unlikely the bureau would open a criminal investigation of Judge Kavanaugh because Dr. Blasey’s accusations do not involve a potential federal crime. Sexual assault would typically be a state crime, and the passage of more than three decades would make any prosecution problematic, according to legal experts. |
| Democrats pointed out on Wednesday that the F.B.I. was asked to investigate Anita F. Hill’s sexual harassment claims against Clarence Thomas when he was nominated for the Supreme Court in 1991. But Mr. Grassley said that happened when Ms. Hill’s allegations were still confidential and pointed out that she testified at a hearing only five days after her charges became public, much as Dr. Blasey is being asked to do. | Democrats pointed out on Wednesday that the F.B.I. was asked to investigate Anita F. Hill’s sexual harassment claims against Clarence Thomas when he was nominated for the Supreme Court in 1991. But Mr. Grassley said that happened when Ms. Hill’s allegations were still confidential and pointed out that she testified at a hearing only five days after her charges became public, much as Dr. Blasey is being asked to do. |
| The F.B.I. does conduct background checks on Supreme Court nominees and passes along information to officials running the confirmation process, but it does not make judgments on the credibility of the claims, according to Justice Department guidelines. | The F.B.I. does conduct background checks on Supreme Court nominees and passes along information to officials running the confirmation process, but it does not make judgments on the credibility of the claims, according to Justice Department guidelines. |
| “The F.B.I.’s role in such matters is to provide information for the use of the decision makers,” according to background check guidelines issued in 2010 during the Obama administration. | “The F.B.I.’s role in such matters is to provide information for the use of the decision makers,” according to background check guidelines issued in 2010 during the Obama administration. |
| While the F.B.I. should “apprise the president or his designated representative” when new information surfaces that raises questions about the suitability of an appointee, “the F.B.I. does not make any judgment about the credibility or significance of any allegation.” | While the F.B.I. should “apprise the president or his designated representative” when new information surfaces that raises questions about the suitability of an appointee, “the F.B.I. does not make any judgment about the credibility or significance of any allegation.” |