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Brett Kavanaugh: Key senator Jeff Flake confirms he will vote for nominee – live updates Brett Kavanaugh: Jeff Flake backing sets up confirmation vote – live updates
(35 minutes later)
Leahy expresses serious concerns about how the hearing could impact survivors of sexual assault.
“If victims think they will never be believed or won’t matter even if they are believed, why come forward at all?” Leahy says.
He notes that yesterday the number of people helped by the National Sexual Assault Hotline was 201% above average yesterday, according to the nonprofit Rape, Abuse & Incest National Network (RAINN).
Republican senator Jeff Flake, one of the most prominent Trump critics in his party, was confronted by protestors earlier. The full video is here:
Women confront Sen. Jeff Flake after he says he'll vote yes to Kavanuagh: “That’s what you’re telling all women in America, that they don’t matter. They should just keep it to themselves because if they have told the truth you’re just going to help that man to power anyway.” pic.twitter.com/T7fSpyT69E
More from Leahy, who says this is not about delaying a nomination (though, he says, Democrats did do that under Obama).
Leahy asks why Kavanaugh is being held “to a lower standard than all the nominees before him.”
“They don’t want to hear women who have relevant evidence,” Leahy says of the judiciary committee.
Vermont senator Patrick Leahy, a Democrat, is up and comparing the situation to Alice in Wonderland.
Leahy says the judiciary committee is no longer an independent branch of government.
“We are an arm, a very weak arm, of the Trump White House,” Leahy says.
Republican senator Orrin Hatch is now commending both sides of the aisle for taking the issue seriously.
Hatch touting the extent to which Kavanaugh has been investigated, saying he sat through 30 hours of testimony.
He repeatedly calls the situation a “circus.”
“Frankly, we’ve had enough time on this to choke a horse,” Hatch says.
“I’m personally tired of all the games and gamesmanship that his been going around,” he says.
Now he is praising Grassley for being “fair” and “decent.”
“Frankly, you’re a great chairman,” Hatch says.
Grassley spoked extensively on the allegations made by women who were not Dr Ford.
He also falsely stated that comments made by three witnesses refuted Dr Ford’s description of the incident.
The three witnesses swore they had no recollection of the party, not that they were certain it did not happen. Just yesterday, Judge again told the committee that he doesn’t “recall” the incident. https://t.co/TAQMyStDq5 https://t.co/jpeMmsw4S2
Grassley now addresses Feinstein’s issues with how the request for an FBI investigation was handled.
“We can’t learn anything from the FBI we can’t learn ourselves,” Grassley says.
Grassley: “If the people on the other side of the aisle sincerely want an FBI investigation, I would ask why they did not notify me of Dr Ford’s then confidential letter way back in July.”
As senators trade off their different interpretations of every detail of the situation, along party lines, protests are raging in the hallway outside the committee meeting.
Women are standing in silent protest at the back of the Judiciary Committee room. They're now being led out by security. pic.twitter.com/TSC8S8VOLW
Feinstein continues, raising issues with the procedure.
“This was not about ensuring a fair process, this was about doing the bare minimum,” Feinstein says.
“Let’s be clear, Dr Ford asked for confidentiality,” Feinstein says. “We all know that if I referred allegations to the FBI when she would not come forward, there would have been nothing to do.”
“Dr Ford’s allegations were referred to the FBI on Sep 12,” Feinstein says.
Feinstein says Democrats have not had an opportunity to question any of the witnesses, the polygraph examiner or the other women who have alleged they were sexually assaulted by Kavanaugh.
“While the Republican strategy is no longer attack the victim, it is now ignore the victim,” Feinstein says.
Outside the judiciary committee meeting:Outside the judiciary committee meeting:
The protest here is deafening in Dirksen pic.twitter.com/NDeou0iv23The protest here is deafening in Dirksen pic.twitter.com/NDeou0iv23
More Democratic senators have walked out.More Democratic senators have walked out.
Dianne Feinstein, one of the remaining Democrats, is now being allowed to explain her disappointment with the result of the vote.Dianne Feinstein, one of the remaining Democrats, is now being allowed to explain her disappointment with the result of the vote.
Feinstein denies that she and her staff leaked Ford’s letter, which was sent to her office.Feinstein denies that she and her staff leaked Ford’s letter, which was sent to her office.
She says Republicans did not share information with Democrats on the committee relevant to the case and claims they learned things from the press that were in the hands of their Republican colleagues.She says Republicans did not share information with Democrats on the committee relevant to the case and claims they learned things from the press that were in the hands of their Republican colleagues.
Feinstein said she was shocked that Kavanaugh launched such a strong attack against Democrats.Feinstein said she was shocked that Kavanaugh launched such a strong attack against Democrats.
“Judge Kavanaugh used as much political rhetoric as my colleagues,” she said.“Judge Kavanaugh used as much political rhetoric as my colleagues,” she said.
“This was not someone who reflected an impartial temperament or the fairness and even-handedness one would see in a judge.”“This was not someone who reflected an impartial temperament or the fairness and even-handedness one would see in a judge.”
Democrats are walking out of the hearing as Grassley reads a statement about Kavanaugh.Democrats are walking out of the hearing as Grassley reads a statement about Kavanaugh.
“I found Dr Ford’s testimony credible and I believe she is sincere in her version of the facts,” Grassley says.“I found Dr Ford’s testimony credible and I believe she is sincere in her version of the facts,” Grassley says.
He says he also found Kavanaugh’s statement credible.He says he also found Kavanaugh’s statement credible.
“There is simply no reason to deny Judge Kavanaugh a seat on the supreme court,” he says, citing the evidence presented to them.“There is simply no reason to deny Judge Kavanaugh a seat on the supreme court,” he says, citing the evidence presented to them.
Feinstein, Leahy, Durbin, Klobuchar, Coons and Booker remain.Feinstein, Leahy, Durbin, Klobuchar, Coons and Booker remain.
Chuck Grassley moves to have the committee vote on Kavanaugh at 1:30pm ET. He ignored protests from Democrats and did not debate the vote.Chuck Grassley moves to have the committee vote on Kavanaugh at 1:30pm ET. He ignored protests from Democrats and did not debate the vote.
The majority voted in favor 11-8, with Democratic senators Cory Booker and Kamala Harris declining to vote, citing unfairness.The majority voted in favor 11-8, with Democratic senators Cory Booker and Kamala Harris declining to vote, citing unfairness.
Grassley is now reading a letter he says Mark Judge sent the committee last night.Grassley is now reading a letter he says Mark Judge sent the committee last night.
“I’ve told the committee I do not want to comment about these events publicly,” Grassley said, quoting Judge’s letter.“I’ve told the committee I do not want to comment about these events publicly,” Grassley said, quoting Judge’s letter.
He identifies himself as a recovering alcoholic and cancer survivor who suffers from depression and anxiety and does not speak publicly.He identifies himself as a recovering alcoholic and cancer survivor who suffers from depression and anxiety and does not speak publicly.
Blumenthal’s motion to subpoena Mark Judge is struck down in a quick 11-10 vote.Blumenthal’s motion to subpoena Mark Judge is struck down in a quick 11-10 vote.
The hearing is underway.The hearing is underway.
Senator Richard Blumenthal, a Democrat from Connecticut, asks for the vote to be postponed until the committee hears from more witnesses.Senator Richard Blumenthal, a Democrat from Connecticut, asks for the vote to be postponed until the committee hears from more witnesses.
He spoke about Dr Ford’s testimony first. “Everyone of us I think were riveted and powerfully impressed by her truth,” he said.He spoke about Dr Ford’s testimony first. “Everyone of us I think were riveted and powerfully impressed by her truth,” he said.
Blumenthal says more facts could be uncovered if the committee hears from other witnesses. He specifically raises making Kavanaugh’s high school friend, Mark Judge, a formal witness.Blumenthal says more facts could be uncovered if the committee hears from other witnesses. He specifically raises making Kavanaugh’s high school friend, Mark Judge, a formal witness.
“I believe we have a responsibility to subpoena at the very least Mark Judge before we move to vote,” Blumenthal says.“I believe we have a responsibility to subpoena at the very least Mark Judge before we move to vote,” Blumenthal says.
Protestors confronted Flake for about three to five minutes as he waited in a elevator to go to the hearing.Protestors confronted Flake for about three to five minutes as he waited in a elevator to go to the hearing.
At least one of the protestors identified herself as a survivor of sexual assault.At least one of the protestors identified herself as a survivor of sexual assault.
“Don’t look away from me,” one woman said. “Look at me and tell me that it doesn’t matter what happened to me.”“Don’t look away from me,” one woman said. “Look at me and tell me that it doesn’t matter what happened to me.”
The vote isn’t for another 15 minutes, but Arizona senator Jeff Flake, a Republican, confirmed he will vote for Kavanaugh in an emailed statement.
Flake was one of the few possible Republican defectors.
“After hearing more than 30 hours of testimony from Judge Kavanaugh earlier this month, I was prepared to support his nomination based on his view of the law and his record as a judge. In fact, I commented at the time that had he been nominated in another era, he would have likely received 90+ votes.
When Dr. Ford’s allegations against Judge Kavanaugh surfaced two weeks ago, I insisted that she be allowed to testify before the committee moved to a vote. Yesterday, we heard compelling testimony from Dr. Ford, as well as a persuasive response from Judge Kavanaugh. I wish that I could express the confidence that some of my colleagues have conveyed about what either did or did not happen in the early 1980s, but I left the hearing yesterday with as much doubt as certainty.
What I do know is that our system of justice affords a presumption of innocence to the accused, absent corroborating evidence. That is what binds us to the rule of law. While some may argue that a different standard should apply regarding the Senate’s advice and consent responsibilities, I believe that the constitution’s provisions of fairness and due process apply here as well.
I will vote to confirm Judge Kavanaugh.”
America Magazine, the only Catholic weekly magazine in North America, has withdrawn its previous endorsement of Kavanaugh.
“While we previously endorsed the nomination of Judge Kavanaugh on the basis of his legal credentials and his reputation as a committed textualist, it is now clear that the nomination should be withdrawn,” the editors wrote.
They continued:
If this were a question of establishing Judge Kavanaugh’s legal or moral responsibility for the assault described by Dr Blasey, then far more stringent standards of proof would apply. His presumption of innocence might settle the matter in his favor, absent further investigation and new evidence. But the question is not solely about Judge Kavanaugh’s responsibility, nor is it any longer primarily about his qualifications. Rather it is about the prudence of his nomination and potential confirmation. In addition to being a fight over policy issues, which it already was, his nomination has also become a referendum on how to address allegations of sexual assault.
The American Bar Association (ABA), which sets the legal standard for US law schools, has urged the Senate Judiciary Committee to slow down the confirmation process after yesterday’s hearing.
Kavanaugh cited the ABA during his testimony yesterday, and told the committee: “For 12 years, everyone who has appeared before me on the DC Circuit has praised my judicial temperament. That’s why I have the unanimous, well qualified rating from the American Bar Association.”
In a letter to the Senate Judiciary Committee, ABA president Robert Carlson said the confirmation process should be slowed because of the ABA’s “respect for the rule of law and due process.”
“The basic principles that underscore the Senate’s constitutional duty of advice and consent on federal judicial nominees require nothing less than a careful examination of the accusations and facts by the FBI,” Carlson said.
Richard Wolffe says that Kavanaugh’s credibility did not survive yesterday’s hearing, and that Republicans were left trying to calculate the political cost of the nomination:
What was larger? The number of votes they were losing among women versus the number of votes they would lose among Trump fanatics by putting this flatlining nomination out of its misery.
Wolffe says that the questions posed to Ford were “tone deaf”, “uncaring” and “self-defeating”. And that, for his part, the more Kavanaugh was grilled about sex and alcohol, the worse he sounded.
More than anyone else in Washington, Brett Kavanaugh should know that he stumbled badly just as he believed he was striding towards his rightful place on the supreme court.
Jill Abramson has written about how yesterday’s proceedings reminded her of when she watched Anita Hill testifying about Clarence Thomas in 1991, and will trigger a similar backlash. She says:
In some ways, Thursday’s hearing was worse than Hill-Thomas. Although the Republicans were careful not to attack Dr Ford directly and hid behind the skirts of the so-called ‘female assistant’ they hired to do their questioning, they hurled the big lie at Dr Ford. They built a false case that Dr Ford was part of a Democratic conspiracy to bring down a conservative nominee. It was a shameful, baseless charge, almost as bad as when Republicans in 1991 tried to paint Hill as an erotomaniac who made up her charges. The truth is that Dr Ford came forward only reluctantly and with no partisan aim.
Abramson thinks that yesterday’s hearing could ultimately have a huge impact on the shape of US politics.
Republicans say they will push on with a confirmation vote in the coming days. They risk a tidal wave of backlash from voters, especially women, who know Dr Ford is the truth-teller. In 1991, residual anger over the way Hill was treated by the Senate judiciary committee helped elect a group of women to the senate who called themselves the Anita Hill class. The Christine Blasey Ford class will likely be much bigger.
“Women everywhere are listening to Christine Blasey Ford’s voice cracking and feeling their own hearts break, just a little bit more, at the world we’ve all inherited,” tweeted the New York Times’ Sheera Frenkel yesterday, as huge numbers of women in the US and worldwide watched the university professor give her testimony.
For many it bought back painful memories, and there were scenes around the US of women huddled around their phones to hear Ford speak. Many used social media to express how they felt as the hearing unfolded in Washington DC.
Republicans have said the Senate judiciary committee will vote on the supreme court nomination as scheduled, just a day after after the extraordinary Capitol Hill testimony. The committee is due to meet at 9:30am ET (2.30pm BST), and the vote is expected later. It isn’t clear whether Republicans will have enough support to carry the nomination forward to a full vote of the Senate next week.
Republicans are under pressure to get Kavanaugh in place before mid-term elections in November, when Democrats are hoping to take control of the Senate, which might allow them to halt the process.
Last night the American Bar Association called on the committee to delay the vote, to allow more time for investigation.
In his response to the accusations, Kavanaugh was defiant and combative in front of the senators. He defended himself in a furious and emotional speech, saying the process had become a “national disgrace”.
“The constitution gives the Senate an important role in the confirmation process, but you have replaced advice and consent with search and destroy,” he stated, hitting out at the Democrats who have been insisting that a series of allegation of sexual misconduct against Kavanaugh must be investigated. He suggested a “frenzy” on the left was trying to destroy his career.
Yesterday’s hearing focused first on testimony from Dr Christine Blasey Ford, who said of Trump’s pick for the supreme court: “I believed he was going to rape me. I tried to yell for help. When I did, Brett put his hand over my mouth to stop me from yelling.”
She spoke about the long-term effects the incident has had on her life, including inducing “anxiety, phobia and PTSD-like symptoms”.
Kavanaugh denies all of the allegations.
You can read Christine Blasey Ford’s opening statement in full.
Hello and welcome
Good morning and welcome to our continuing live coverage of the crucial Senate judiciary committee hearing in Washington DC. After yesterday’s testimony from both US supreme court nominee Brett Kavanaugh and university professor Dr Christine Blasey Ford, the woman who accused him of sexual assault, today we are expecting senators to hold a vote.
The committee currently comprises 11 Republicans and 10 Democrats, leaving little margin for error for Republicans – if just one of them breaks ranks, the nomination will be left in limbo.
At least one of the Republicans on the committee, Jeff Flake of Arizona, has expressed reservations about Kavanaugh, but is yet to signal how he might vote.
Last night, though, US president Donald Trump made his feelings clear with a tweet, saying that Kavanaugh’s testimony was “powerful, honest, and riveting”:
Judge Kavanaugh showed America exactly why I nominated him. His testimony was powerful, honest, and riveting. Democrats’ search and destroy strategy is disgraceful and this process has been a total sham and effort to delay, obstruct, and resist. The Senate must vote!
We will be covering events as they unfold during the day.