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| Brett Kavanaugh: Jeff Flake says yes as committee poised to vote – live updates | Brett Kavanaugh: Jeff Flake says yes as committee poised to vote – live updates |
| (35 minutes later) | |
| US senator Joe Donnelly, a Democrat from Indiana, said he opposes Kavanaugh’s nomination. | |
| He was one of a handful of Democrats who could have swung in favor of Kavanaugh. | |
| “I do not view Supreme Court vacancies through a partisan lens, which is why I have used the same thorough process to evaluate nominees regardless of who the president is at the time. That was the case regarding the nomination of Judge Garland and also when I voted for Justice Gorsuch, who was President Trump’s first nominee. It has remained my approach with Judge Kavanaugh. | |
| The Guardian’s Lucia Graves spoke with three women who accused Donald Trump of sexual harassment about the pain they experienced watching the hearing: | |
| “This is about character and someone who clearly has no respect for women leading our nation and we’ve just let that continue,” says Rachel Crooks, who alleges Trump kissed her forcibly on the lips in 2005. “We should not be surprised he’s nominated Brett Kavanaugh and stood by Roy Moore and other men who have been in similar situations. | |
| For Melinda McGillivray, a Florida resident who was among the first accusers to speak out against Trump, Kavanaugh’s indignation and categorical denials on Thursday carried echoes of the president’s response to her. | |
| “I truly feel like Donald Trump had a big influence on his testimony as to deny, deny, deny,” she said of Kavanaugh’s approach. “The mere fact that she wasn’t granted and FBI investigation is completely misogynistic and political.” | |
| Republican Ted Cruz, of Texas, is speaking about the possibility that Brett Kavanaugh won’t be able to teach law ever again. | |
| The Harvard Crimson, the university newspaper where Kavanaugh has taught as a guest lecturer for more than a decade, reported on the hearing yesterday: | |
| In a letter to this committee, my former students — male and female alike — wrote that I displayed ‘a character that impressed us all,’” Kavanaugh said Thursday. “I loved teaching law. But thanks to what some of you on this side of the committee have unleashed, I may never be able to teach again.” | |
| According to several Law School enrollees, students sitting in Harvard Law classrooms Thursday “applauded” and “burst out in cheers” when Kavanaugh said he might never return to a teaching role. | |
| Klobuchar is one of four women on the 21-person senate judiciary committee. | Klobuchar is one of four women on the 21-person senate judiciary committee. |
| “This is not a ‘he said, she said,’” she says. “This is a ‘he said, they said.’” | “This is not a ‘he said, she said,’” she says. “This is a ‘he said, they said.’” |
| Senator Mike Lee, Republican from Utah, retreading a Republican sticking point. | Senator Mike Lee, Republican from Utah, retreading a Republican sticking point. |
| Why wasn’t Ford’s anonymous letter immediately shared with the FBI? | Why wasn’t Ford’s anonymous letter immediately shared with the FBI? |
| Now for Minnesota Democrat, Amy Klobuchar. | Now for Minnesota Democrat, Amy Klobuchar. |
| This is interesting. She does not lead on the Ford allegations. | This is interesting. She does not lead on the Ford allegations. |
| Instead, she talks about Kavanaugh’s writings on executive privilege before moving on to the sexual assault allegation. | Instead, she talks about Kavanaugh’s writings on executive privilege before moving on to the sexual assault allegation. |
| Klobuchar says she understands that people are frustrated this process happened late in the process, but says the justice system and what matters is: | Klobuchar says she understands that people are frustrated this process happened late in the process, but says the justice system and what matters is: |
| “What do you do when it happens? When you are in a position of power?” | “What do you do when it happens? When you are in a position of power?” |
| Sheldon Whitehouse, Democrat from Rhode Island, says he doesn’t believe Kavanaugh’s explanation of his own calendar. | Sheldon Whitehouse, Democrat from Rhode Island, says he doesn’t believe Kavanaugh’s explanation of his own calendar. |
| He says the FBI has resources to more seriously investigate the contents of the calendar and what they show about Kavanaugh’s actions that night. He also says a serious investigation would not rely solely on comments as evidence. | He says the FBI has resources to more seriously investigate the contents of the calendar and what they show about Kavanaugh’s actions that night. He also says a serious investigation would not rely solely on comments as evidence. |
| “Over time I expect that facts to come out,” Whitehouse says. “Cover-ups never last. The sand is running through Kavanaugh’s hourglass.” | “Over time I expect that facts to come out,” Whitehouse says. “Cover-ups never last. The sand is running through Kavanaugh’s hourglass.” |
| A pattern is emerging among the Republican senators, who have repeatedly showed sympathy for Mark Judge’s issues with mental health. | A pattern is emerging among the Republican senators, who have repeatedly showed sympathy for Mark Judge’s issues with mental health. |
| Cornyn says calls to subpoena Mark Judge, a recovering alcoholic and cancer survivor, are cruel because Judge suffers from anxiety and depression. “That is cruel. That is reckless. That is indecent.” | Cornyn says calls to subpoena Mark Judge, a recovering alcoholic and cancer survivor, are cruel because Judge suffers from anxiety and depression. “That is cruel. That is reckless. That is indecent.” |
| He did not mention that Ford spoke about her struggles with mental illness yesterday, telling the committee that she had experienced anxiety, claustrophobia, and symptoms of post-traumatic stress disorder. | He did not mention that Ford spoke about her struggles with mental illness yesterday, telling the committee that she had experienced anxiety, claustrophobia, and symptoms of post-traumatic stress disorder. |
| John Cornyn, Republican from Texas, is up. | John Cornyn, Republican from Texas, is up. |
| Cornyn says it is not fair to say Republicans are treating Dr Ford badly by pointing out the politicization of the confirmation process. | Cornyn says it is not fair to say Republicans are treating Dr Ford badly by pointing out the politicization of the confirmation process. |
| Meanwhile: | Meanwhile: |
| Graham is interacting with another protestor now and he is being very polite and attentive | Graham is interacting with another protestor now and he is being very polite and attentive |
| Just came upon a truly remarkable scene: a group of women literally sitting on the concrete floor in a circle in the Hart Senate office building recounting their stories of being abused and raped. “I have literally told no one else this story before I talked to you all,” one says | Just came upon a truly remarkable scene: a group of women literally sitting on the concrete floor in a circle in the Hart Senate office building recounting their stories of being abused and raped. “I have literally told no one else this story before I talked to you all,” one says |
| It’s back to the Democrats, with Dick Durbin of Illinois backing Dr Ford. | It’s back to the Democrats, with Dick Durbin of Illinois backing Dr Ford. |
| As the two sides trade interpretations of the event, it might be useful to review the University of Michigan’s guide to sexual assault misconceptions. This guide provides evidence-based clarifications of sexual assault myths. | As the two sides trade interpretations of the event, it might be useful to review the University of Michigan’s guide to sexual assault misconceptions. This guide provides evidence-based clarifications of sexual assault myths. |
| The hearing and commentating around it has used sexual assault myths to defend arguments on both sides. | The hearing and commentating around it has used sexual assault myths to defend arguments on both sides. |
| Facts from the University of Michigan guide: | Facts from the University of Michigan guide: |
| “Likable and charming people commit violence, too.” | “Likable and charming people commit violence, too.” |
| “Sexual assault is a traumatic experience, and one common reaction to the overwhelming thoughts and feelings of trauma is to attempt to forget that the situation happened and to move on.” | “Sexual assault is a traumatic experience, and one common reaction to the overwhelming thoughts and feelings of trauma is to attempt to forget that the situation happened and to move on.” |
| “Sexual assault is an act of violence, not sex.” | “Sexual assault is an act of violence, not sex.” |
| “The consumption of alcohol does not cause sexual assault.” | “The consumption of alcohol does not cause sexual assault.” |
| More from Graham: “I feel sorry for her [Dr Ford]. I do believe something happened to her. But I do not believe it was Brett Kavanaugh.” | More from Graham: “I feel sorry for her [Dr Ford]. I do believe something happened to her. But I do not believe it was Brett Kavanaugh.” |
| He then repeats the alarming, and untrue, claim he made yesterday that it is not in the character of someone who people describe as nice to commit sexual assault. Kind behavior does not preclude someone from committing sexual assault. | He then repeats the alarming, and untrue, claim he made yesterday that it is not in the character of someone who people describe as nice to commit sexual assault. Kind behavior does not preclude someone from committing sexual assault. |
| Graham says he does not believe Diane Feinstein leaked Dr Ford’s allegations. | Graham says he does not believe Diane Feinstein leaked Dr Ford’s allegations. |
| “This has never been about the truth,” Graham says. “This has been about delay and destruction.” | “This has never been about the truth,” Graham says. “This has been about delay and destruction.” |
| "That really bothers me," Sen. Graham says of @NBCNews reporting this story -> https://t.co/p7IQFQMgzD | "That really bothers me," Sen. Graham says of @NBCNews reporting this story -> https://t.co/p7IQFQMgzD |
| Back to the Republicans. | Back to the Republicans. |
| South Carolina’s Lindsey Graham says he will speak despite people thinking a “single, white male” such as himself should “shut up.” | South Carolina’s Lindsey Graham says he will speak despite people thinking a “single, white male” such as himself should “shut up.” |
| Graham was extremely emotional at one point during the hearing yesterday, accusing his Democratic colleagues of making this a purely political issue. | Graham was extremely emotional at one point during the hearing yesterday, accusing his Democratic colleagues of making this a purely political issue. |
| At a much more measured register, he is now explaining why Democrats holding up Kavanaugh’s nomination is different from the Republicans holding up Merrick Garland’s nomination under Barack Obama. | At a much more measured register, he is now explaining why Democrats holding up Kavanaugh’s nomination is different from the Republicans holding up Merrick Garland’s nomination under Barack Obama. |
| He says it is about the available seats being different. The seat available now belonged to Anthony Kennedy, who was considered the court’s crucial swing vote. Garland, meanwhile, would have replaced the seat of conservative Antonin Scalia. | He says it is about the available seats being different. The seat available now belonged to Anthony Kennedy, who was considered the court’s crucial swing vote. Garland, meanwhile, would have replaced the seat of conservative Antonin Scalia. |
| Graham is usefully transparent about the fact that this has very little to do with jurisprudence and much to do with Trump | Graham is usefully transparent about the fact that this has very little to do with jurisprudence and much to do with Trump |
| Leahy expresses serious concerns about how the hearing could impact survivors of sexual assault. | 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. | “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). | 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: | Republican senator Jeff Flake, one of the most prominent Trump critics in his party, was confronted by protestors earlier. The full video is here: |
| More from Leahy, who says this is not about delaying a nomination (though, he says, Republicans did do that under Obama). | More from Leahy, who says this is not about delaying a nomination (though, he says, Republicans did do that under Obama). |
| Leahy asks why Kavanaugh is being held “to a lower standard than all the nominees before him.” | 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. | “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. | 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. | 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. | “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. | 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. | 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.” | He repeatedly calls the situation a “circus.” |
| “Frankly, we’ve had enough time on this to choke a horse,” Hatch says. | “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. | “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.” | Now he is praising Grassley for being “fair” and “decent.” |
| “Frankly, you’re a great chairman,” Hatch says. | “Frankly, you’re a great chairman,” Hatch says. |