Kavanaugh vote delayed
Kavanaugh nomination moves to full Senate on an 11-10 vote Arizona Republican insists on one-week delay for investigation President orders FBI to investigate allegations of sexual abuse
WASHINGTON — Reversing course, President Donald Trump bowed to Democrats’ demands Friday for a deeper FBI investigation of Supreme Court nominee Brett Kavanaugh after Republican Sen. Jeff Flake balked at voting for confirmation without it — a sudden turn that left Senate approval newly uncertain amid allegations of sexual assault.
Kavanaugh’s nomination had appeared back on track earlier Friday when he cleared a key hurdle at the Senate Judiciary Committee with his nomination approved on an 11-10 party-line vote. But that advance came with an asterisk. Flake indicated that he would take the next steps — leading to full Senate approval — only after the further background probe, and there were suggestions that other moderate Republicans might join his revolt.
The abrupt developments gave senators, the White House and millions of Americans following the drama at home hardly a chance to catch their breath after Thursday’s emotional Senate hearing featuring Kavanaugh angrily defending himself and accuser Christine Blasey Ford determinedly insisting that he assaulted her when they were teens.
Emotions were still running high Friday, and protesters confronted senators in the halls. “The country is being ripped apart here,” said Flake.
After he took his stance, Republican leaders had little choice but to slow their rush to confirm Kavanaugh, whom they had hoped to have in place shortly after the new court term begins Monday.
Trump quietly followed suit, though he had vigorously resisted asking the FBI to probe the allegations of sexual misconduct by Kavanaugh, now being raised by three women. One day earlier, he had blistered the Senate process as “a total sham,” accused Democrats of a conspiracy of obstruction and declared on Twitter, “The Senate must vote!”
The new timeline puts Trump’s nominee in further peril and pushes the Kavanaugh
politically risky vote for senators closer to the November congressional elections. It also means that any cases the Supreme Court hears before a ninth justice is in place will be decided by just eight, raising the possibility of tie votes.
It was clear Republicans were still short of votes for final Senate approval after Thursday’s hearing. They convened late into the evening in a room in the Capitol with various senators, including Susan Collins of Maine and Lisa Murkowski of Alaska, raising pointed questions, according to those familiar with the private meeting but granted anonymity to discuss it.
Republican leaders said — and Trump ordered — that the new probe be “limited in scope.” But there was no specific direction as to what that might include. Two other women besides Ford have also lodged public sexual misconduct allegations against Kavanaugh.
Democrats have particularly focused on getting more information from Mark Judge, a high school friend of Kavanaugh who Ford said was also in the room during her alleged assault. Judge has said he does not recall any such incident. In a letter to the Senate panel, he said he would cooperate with any law enforcement agency assigned to investigate “confidentially.”
Kavanaugh issued a statement through the White House, saying he’s been interviewed by the FBI before, done “background” calls with the Senate and answered questions under oath “about every topic” senators have asked. “I’ve done everything they have requested and will continue to cooperate,” said the 53-year-old judge.
Flake, a key moderate Republican, was at the center of Friday’s uncertainty. In the morning, he announced he would support Kavanaugh’s nomination. Shortly after, he was confronted in an elevator by two women who, through tears, said they were sexual assault victims and implored him to change his mind. “Look at me and tell me that it doesn’t matter what happened to me,” said 23-year-old Maria Gallagher, a volunteer with a liberal advocacy group.
The confrontation was captured by television cameras.
Soon he was working on a new deal with his Republican colleagues and Democrats in a Judiciary Committee anteroom.
Flake announced he would vote to advance Kavanaugh’s nomination to the full Senate only if the FBI were to investigate.
Attention quickly turned to a handful of undeclared senators. Two other key Republicans, Collins and Murkowski, said they backed the plan after they and other GOP senators met in Senate Majority Leader Mitch McConnell’s office in the Capitol.
West Virginia Democrat Joe Manchin said he supported Flake’s call for a further probe “so that our country can have confidence in the outcome of this vote.”
Maryland Democratic Sens. Ben Cardin and Chris Van Hollen had previously said the Senate needed a full accounting of the allegations before a final vote. A one-week delay "certainly is better than where we are now," Cardin said in an interview."But I'm not sure why they're putting these arbitrary guidelines on the process. I'm not sure why you would put a one-week restriction on this." Van Hollen said a delay was essential because “facts matter. The truth is nonpartisan.”
With a 51-49 majority, Senate Republicans have little margin for error on a final vote. Several Democrats facing tough reelection prospects l announced opposition to Kavanaugh on Friday. Bill Nelson of Florida, Joe Donnelly of Indiana and Jon Tester of Montana said they would vote no.
Late Friday, by voice vote, the Senate took an initial step to move ahead on the Senate Judiciary Committee member Jeff Flake walks past Sen. Chuck Grassley during a hearing. nomination.
Barring no major revelations from the FBI, the Senate could vote on confirming Kavanaugh next weekend, days after the start of the high court’s session.