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Brett Kavanaugh: Republicans set to advance supreme court nominee Republicans vote to advance Brett Kavanaugh but Flake asks for FBI inquiry
(about 2 hours later)
Senate Republicans are poised to advance Brett Kavanaugh, Donald Trump’s embattled pick for the US supreme court, in a committee vote on Friday, ensuring his nomination would receive a vote on the full Senate floor despite allegations of sexual assault. Senate Republicans have voted to advance the confirmation of US supreme court nominee Brett Kavanaugh in a committee vote on Friday, but not without an extraordinary display of 11th hour drama that saw a key Republican senator break ranks and call for an FBI investigation into the sexual assault allegations against Donald Trump’s pick for America’s highest bench.
One day after Kavanaugh vehemently denied sexually assaulting Christine Blasey Ford, who testified to lawmakers she was “100%” sure he assaulted her, the federal judge earned the support of a key Republican senator whose vote was crucial to his prospects. Moments before the Senate judiciary committee voted 11-10, along strict party lines, to send Kavanaugh’s nomination to the floor for the full chamber’s consideration, Senator Jeff Flake announced he would support a “limited” FBI investigation and threatened to oppose Kavanaugh if there was no further examination of the allegations against him.
Moments before the Senate judiciary committee convened to formally consider the nomination, Senator Jeff Flake of Arizona, the lone Republican swing vote on the panel, announced he would vote to confirm Kavanaugh to America’s highest bench. “I think it would be proper to delay the floor vote for up to and not more than one week in order to let the FBI do an investigation,” Flake said.
Flake said Kavanaugh was entitled to the “presumption of innocence … absent corroborating evidence”. A committee confirmation vote was set for 1.30 pm ET. The remarkable turnaround came hours after Flake announced his support for Kavanaugh despite dramatic testimony on Thursday that saw the supreme court nominee and Christine Blasey Ford, a California professor who accused him of sexual assault, deliver dueling testimony on Capitol Hill.
“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,” Flake said. “I will vote to confirm Judge Kavanaugh.” During the hearing, Ford recounted how Kavanaugh attempted to rape her when the two were teenagers in the early 1980s. Kavanaugh vehemently denied the charge from Ford, who testified to lawmakers under oath that she was “100%” sure he assaulted her.
Flake’s declaration of support marked the dramatic culmination of the last 24 hours, which saw Ford and Kavanaugh deliver dueling testimony on Capitol Hill about an alleged sexual assault that occurred when the two were teenagers in the early 1980s.
The emotionally charged hearing underscored not only the potential ramifications of sending Kavanaugh to the supreme court, where he would play a role in shaping decades’ worth of policy, but also the societal impact of the #MeToo movement and recourse for victims of sexual assault.The emotionally charged hearing underscored not only the potential ramifications of sending Kavanaugh to the supreme court, where he would play a role in shaping decades’ worth of policy, but also the societal impact of the #MeToo movement and recourse for victims of sexual assault.
In the aftermath of the hearing, protesters continued to roam the hallways of Capitol Hill with a sense of urgency rarely witnessed for a supreme court nominee in recent memory. After backing Kavanaugh in the aftermath of the hearing, Flake, who had been regarded as a crucial swing vote, was confronted by two survivors of sexual assault who implored him to reverse course.
In one particularly contentious exchange, two women cornered Flake in an elevator as he headed to the committee room and implored him to change his mind about his Kavanaugh vote.
The confrontation could be seen in TV footage blocking the Arizona senator from closing the elevator door. Through her tears, one woman said she had been a victim of sexual assault, and begged Flake to look her in the eye. She said: “Look at me and tell me that it doesn’t matter what happened to me.”The confrontation could be seen in TV footage blocking the Arizona senator from closing the elevator door. Through her tears, one woman said she had been a victim of sexual assault, and begged Flake to look her in the eye. She said: “Look at me and tell me that it doesn’t matter what happened to me.”
Another woman said Flake was allowing someone who “violated someone” to serve on the supreme court. Flake did not respond. He looked at them, and looked at the ground as he listened. Eventually, a member of Flake’s staff said they needed to go and the doors closed. The gripping exchange appeared to have an impact on Flake, who subsequently sat stone-faced in the committee room in anticipation of the vote. As his Republican colleagues took turns declaring their support for Kavanaugh, Flake abruptly left the room to engage in private discussions with Democrats on the committee.Nearly an hour of tense, closed-door deliberations followed, pushing the vote passed its scheduled time. As members exited and reentered the room several times, seeking to make sense of what was transpiring behind-the-scenes, Flake finally reemerged before the committee and voiced support delaying a full Senate vote on Kavanaugh pending a FBI investigation.
“We can have a short pause and make sure the FBI can investigate,” he said.
Left uncertain was whether Mitch McConnell, the Senate majority leader, was prepared to honor Flake’s request. Republican leaders had initially planned to hold a final floor vote on Kavanaugh’s nomination as early as Tuesday.But it remains unclear if Republicans possess the necessary votes from the full chamber to confirm Kavanaugh. With a narrow 51-49 seat majority in the Senate, Republicans can afford to lose just one vote.
Flake suggested he would oppose a final floor vote absent an FBI investigation over the course of the next week and signaled other Republicans might join him.
Susan Collins of Maine and Lisa Murkowski of Alaska, two of the Senate’s prominent Republican women, have remained undecided on Kavanaugh.
Chuck Grassley, the Senate judiciary committee chairman, said a decision to open an FBI investigation was ultimately in the hands of Republican leaders and the White House.“This is all a gentlemen’s and women’s agreement,” he said.
Senator Lindsey Graham, a Republican from South Carolina, mused to reporters about how the president might react to the prospects of delaying Kavanaugh’s nomination.
“Somebody’s got to explain this to Trump,” Graham quipped. “I guess that’ll be my job.”
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/T7fSpyT69EWomen 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
Trump made clear he was sticking by his nominee in the aftermath of Thursday’s explosive hearing. “His testimony was powerful, honest and riveting,” he tweeted. “The Senate must vote!
Speaking to reporters on Friday, Trump said he had not considered an alternative to Kavanaugh. But he did not escalate pressure on Senate Republicans to rally behind his nominee, stating: “They have to do what they think is right.”
Earlier in the day, Sarah Sanders, the White House press secretary, dismissed calls for a new FBI investigation, telling reporters Kavanaugh had already “been through six separate background investigations by the FBI”.
Kavanaugh is a darling of the conservative right in America but his path to the supreme court has been hit by a series of sexual assault allegations from three different women.Kavanaugh is a darling of the conservative right in America but his path to the supreme court has been hit by a series of sexual assault allegations from three different women.
Democrats on the Senate judiciary committee assailed their Republican colleagues ahead of the Kavanaugh vote for what they said was an effort to “railroad” his nomination forward. Several of the committee members walked out in protest, while others reiterated calls for an FBI investigation into the allegations against Kavanaugh. Democrats have called for Kavanaugh to withdraw as more accusers have come forward. Following Kavanaugh’s fiery testimony on Thursday, several Democrats voiced concerns over his suitability for the historically independent supreme court.
Senator Dianne Feinstein, the committee’s top Democrat also sounded the alarm over Kavanaugh’s fiery testimony before the committee on Thursday, stating the judge had been “aggressive and belligerent”. Senator Dianne Feinstein, the judiciary committee’s top Democrat, said the judge had been “aggressive and belligerent”.
“I have never seen someone who wanted to be elevated to the highest court in our country behave in that manner,” she said.“I have never seen someone who wanted to be elevated to the highest court in our country behave in that manner,” she said.
Patrick Leahy, a Democrat from Vermont, lamented the committee was “no longer and independent of government”.Patrick Leahy, a Democrat from Vermont, lamented the committee was “no longer and independent of government”.
He said: “We are an arm, and a very weak arm, of the Trump White House.”He said: “We are an arm, and a very weak arm, of the Trump White House.”
The Senate judiciary committee is narrowly split with an 11-10 Republican majority. Democrats are expected to unanimously oppose the nominee. The full Senate could start taking procedural votes as early as Saturday on Kavanaugh, setting up a possible final vote on Tuesday. Red state Democrats facing tough re-election battles in November, some of whom crossed over the aisle last year to confirm Trump’s other supreme court nominee, Neil Gorsuch, also appeared to feel the heat. At least two of them, Senators Jon Tester of Montana and Joe Donnelly of Indiana, announced they would vote against Kavanaugh on Friday.
It remained unclear if Republicans possessed the necessary votes from the full chamber to confirm Kavanaugh. With a narrow 51-49 seat majority in the Senate, Republicans can afford to lose just one vote.
Even as the committee pressed forward on Friday, the critical swing votes of the Susan Collins of Maine and Lisa Murkowski of Alaska, two of the Senate’s most prominent Republican women, remained in question.
Red state Democrats facing tough re-election battles in November, some of whom crossed over the aisle last year to confirm Trump’s other supreme court nominee, Neil Gorsuch, also appeared to be undecided. At least two of them, Senators Jon Tester of Montana and Joe Donnelly of Indiana, announced they would vote against Kavanaugh on Friday.
“As I have made clear before, sexual assault has no place in our society,” Donnelly said in a statement.“As I have made clear before, sexual assault has no place in our society,” Donnelly said in a statement.
“When it does occur, we should listen to the survivors and work to ensure it never happens again. That should not be a partisan issue.”“When it does occur, we should listen to the survivors and work to ensure it never happens again. That should not be a partisan issue.”
The sharp partisan divide was nonetheless readily apparent as the judiciary committee pushed ahead with its vote. Joe Manchin, a vulnerable Democrat up for re-election in West Virginia, endorsed Flake’s position.
Although Republicans praised Ford’s bravery in coming forward, most of them were unmoved, stating her account would not affect their support for Kavanaugh. Meanwhile, there were signs the remarkable testimony had registered negatively with at least two organizations whose endorsement Kavanaugh had earlier received.
“I feel sorry for her and I do believe something happened to her and I don’t know when and where,” said Senator Lindsey Graham of South Carolina, a close ally of Trump’s. “But I don’t believe it was Brett Kavanaugh.” The American Bar Association, which previously gave Kavanaugh its highest rating of “well qualified”, asked the Senate judiciary committee and the full Senate to delay the vote until the FBI could do a full background check.
Trump also made clear that he was sticking by his nominee in the aftermath of Thursday’s explosive hearing. “His testimony was powerful, honest and riveting,” he tweeted. “The Senate must vote!”
Meanwhile, there were signs the remarkable testimony had registered negatively with at least two organizations whose Kavanaugh had earlier received.
The American Bar Association, which previously gave Kavanaugh its highest rating of “well qualified”, asked the Senate judiciary committee and the full Senate to delay the vote until the FBI could do a full background check. Trump has declined to take such a step.
Sarah Sanders, the White House press secretary, dismissed the idea on Friday, telling reporters Kavanaugh had already “been through six separate background investigations by the FBI”.

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