The Mercury News

Kavanaugh, Ford agree to testify on Thursday

- By Lisa Mascaro, Mary Clare Jalonic and Jonathan Lemire

WASHINGTON » Negotiator­s reached a tentative agreement Saturday for the Senate Judiciary Committee to hear testimony Thursday from Christine Blasey

Ford, the woman accusing Supreme Court nominee Brett Kavanaugh of sexual assault from decades ago, according to two people briefed on the matter.

Lawyers for Ford and bipartisan representa­tives of the committee came to the tentative agreement after a short phone call, said one of the people, who was not authorized to speak publicly and requested anonymity. The person said Kavanaugh would also appear.

Some details of the hearing,

such as the order of their appearance, remained in negotiatio­n. Talks were expected to continue today.

The tentative accord could bring to a close days of high-stakes brinkmansh­ip that have roiled Washington ahead of midterm elections and threatened to jeopardize Kavanaugh’s confirmati­on to the court.

Tensions have been running on overdrive since Ford, a 51-year-old college professor in Palo Alto, went public with her allegation that Kavanaugh assaulted her when they were at a house party in high school. Kavanaugh, 53, an appellate court judge, denied the allegation and said he wanted to testify as soon as possible to clear his name.

Ford initially indicated she wanted to tell her story to the committee, but talks dragged on as her lawyers negotiated terms of her appearance.

Republican­s grew frustrated as her lawyers insisted on a hearing Thursday, rather than Monday or even Wednesday, and made other requests, some of which the committee chairman, Sen. Chuck Grassley, R-Iowa, rejected.

Democrats, against the

backdrop of the #MeToo movement, countered that Ford should be shown respect and given accommodat­ion to tell her story.

As the talks continued, Grassley countered that he would end the standoff by scheduling a vote Monday on whether to recommend Kavanaugh’s nomination to the full Senate.

Meanwhile, Republican­s viewed Ford’s requests as a way to delay voting on President Donald Trump’s nominee.

Earlier Saturday, a senior official at the White House said her requests amounted to “a clever way to push off the vote Monday without committing to appear Wednesday.” The official was not authorized to publicly discuss the negotiatio­ns and spoke on condition of anonymity.

The White House views her potential testimony with trepidatio­n, nervous that an emotional performanc­e might not just damage Kavanaugh’s chances but could further energize female voters to turn out against Republican­s in November.

Moreover, the West Wing aides who had urged Trump to remain muted in his response to the accusation­s worried about how he might react if she ended up partaking in an hourslong, televised hearing.

In a single tweet Friday, Trump broke his silence to cast doubt on her story in ways Republican­s had been carefully trying to avoid.

Trump mused to confidants that the “fake” attacks against his nominee were meant to undermine his presidency, according to a White House official and a Republican close to the White House. Both spoke on condition of anonymity because they were not authorized to discuss private conversati­ons.

Other Republican­s had scoffed at Ford’s willingnes­s to tell her story. “When?” tweeted No. 2 GOP Sen. John Cornyn of Texas, a member of the committee.

Ford attorneys Debra Katz and Lisa Banks had said that many aspects of Grassley’s latest offer were “fundamenta­lly inconsiste­nt” with the committee’s promise of a “fair, impartial investigat­ion.”

They said they remained disappoint­ed by the “bullying” that “tainted the process.”

Also Saturday, Vice President Mike Pence called Kavanaugh “a man of integrity with impeccable credential­s.” He expressed confidence that Republican­s “will manage this confirmati­on properly with the utmost respect for all concerned” and said he expected

Kavanaugh to join the high court soon.

Patience among Republican­s was running thin. The GOP has faced enormous pressure from its base of conservati­ve leaders and voters to swiftly approve Kavanaugh, who would become the second of Trump’s nominees to sit on the nation’s highest court.

Grassley had set a Friday night deadline for Ford to agree to the committee’s latest terms for her appearance. Grassley said that if she missed that deadline, he would scrap the hearing and his committee would vote on sending Kavanaugh’s nomination to the full Senate.

Her lawyers asked for another day. In a tweet aimed at Kavanaugh shortly before midnight, Grassley said he was giving them additional time.

“She shld decide so we can move on. I want to hear her. I hope u understand. It’s not my normal approach to b indecisive,” Grassley wrote.

In backing away from deadlines and demands, Grassley underscore­d the sensitivit­y with which Senate Republican­s have tried handling Ford.

Attorney Katz had called Grassley’s original deadline “arbitrary” and said its “sole purpose is to bully Dr. Ford and deprive her of the ability

to make a considered decision that has life-altering implicatio­ns for her and her family.”

On Friday, Grassley rejected concession­s Ford wanted if she is to tell her story publicly before the committee.

Grassley turned down her request that only senators, not attorneys, be allowed to ask questions. The committee’s 11 Republican­s — all men — have been seeking an outside female attorney to interrogat­e her, mindful of the election-season impression that could be left by men trying to pick apart a woman’s assertion of a sexual attack.

He also rejected her proposal that she testify after Kavanaugh, a position lawyers consider advantageo­us because it gives them a chance to rebut accusation­s.

Grassley’s stance reflected a desire by Trump and GOP leaders to usher Kavanaugh onto the high court by the Oct. 1 start of its new session and before the November elections. Democrats are mounting a robust drive to grab congressio­nal control.

Ford has said an inebriated Kavanaugh pinned her on a bed, muffled her cries and tried to remove her clothes. Trump ended a week of constraint and sarcastica­lly assailed Ford on Friday, tweeting that if the episode was “as bad as she says,” she or “her loving parents” surely would have reported it to law enforcemen­t.

Trump’s searing reproach defied the Senate Republican strategy, and the advice of White House aides, of not disparagin­g Ford while firmly defending his nominee and the tight timetable for confirming him.

Trump’s tweet brought blistering rejoinders from Democrats and a mix of silence and sighs of regret from his own party. Republican Sen. Susan Collins of Maine, who hasn’t declared support for Kavanaugh, called the remark “appalling.”

Grassley has rebuffed other Ford requests, including calling additional witnesses.

Ford wants an appearance by Mark Judge, a Kavanaugh friend who Ford asserts was at the high school party and in the room where the incident occurred.

Grassley consented to other Ford demands, including that she be provided security and that Kavanaugh not be in the hearing room when she testifies.

Her request for security comes after her lawyers said she has relocated her family due to death threats.

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