Senate panel backs Trump's court pick, but Flake seeks FBI probe

Sen. Jeff Flake, R-Ariz., speaks during the Senate Judiciary Committee meeting on Friday, Sept. 28, 2018, on Capitol Hill in Washington. Flake said it would be 'proper' to delay a Senate floor vote on Supreme Court nominee Brett Kavanaugh for a week. (AP Photo/Andrew Harnik)

Sen. Jeff Flake, R-Ariz., speaks during the Senate Judiciary Committee meeting on Friday, Sept. 28, 2018, on Capitol Hill in Washington. Flake said it would be 'proper' to delay a Senate floor vote on Supreme Court nominee Brett Kavanaugh for a week. (AP Photo/Andrew Harnik)

Published Sep 28, 2018

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WASHINGTON - A Republican-led committee

approved President Donald Trump's nomination of Brett Kavanaugh

to the U.S. Supreme Court but moderate Republican Senator Jeff

Flake called for an FBI investigation into sexual misconduct

allegations against the judge before a final Senate vote.

Flake's intervention means a final Senate vote on the

nomination could be delayed for up to a week so that the

possible FBI investigation can be completed, if Republican

Senate leaders agree to his demand.

"I will vote to advance the nominee to the floor with that

understanding," Flake said.

Just before the scheduled vote in the Judiciary Committee,

Flake left the committee room to talk to some Democrats, adding

new drama to the proceedings. During the delay, senators and

aides could be seen in the committee room having hushed

conversations, with some going back and forth to an anteroom of

the committee chamber.

Trump's fellow Republicans secured the votes to approve

Kavanaugh in the sharply divided committee after Flake announced

his support for the nominee earlier in the day. The full Senate

must confirm Supreme Court appointments.

The committee, with tempers flaring on both sides, met the

morning after a jarring and emotional hearing into sexual

misconduct allegations against Kavanaugh that gripped the

country, with a university professor named Christine Blasey Ford

accusing him of sexual misconduct. He denied the accusation.

One Republican, Senator John Kennedy, called Kavanaugh's

confirmation process "an intergalactic freak show."

As the committee, with 11 Republicans and 10 Democrats, set

its vote, some Democrats left the room in protest. "What a

railroad job," Democratic Senator Mazie Hirono said.

It remained unclear if Republicans have the votes to confirm

Kavanaugh on the Senate floor. Republicans hold a slim Senate

51-49 majority, making the votes of two other so-far undecided

Republican moderates crucial: Lisa Murkowski and Susan Collins.

Republican committee Chairman Chuck Grassley said he found

Thursday's testimony from both Ford and Kavanaugh "credible,"

but added, "There's simply no reason to deny Judge Kavanaugh a

seat on the Supreme Court on the basis of evidence presented to

us."

The timing of the panel's session gave committee members

little time to review Thursday's extraordinary testimony from

Kavanaugh and Ford, who accused him of sexually assaulting her

when they were high school students in 1982. Kavanaugh

forcefully denied the accusations and accused Democrats of a

"calculated and orchestrated political hit."

Senator Dianne Feinstein, the committee's senior Democrat,

called Kavanaugh's remarks unseemly for a judicial nominee.

"This was someone who was aggressive and belligerent. I

have never seen someone who wants to be elevated to the highest

court in the country behave in that manner. In stark contrast,

the person who testified yesterday and demonstrated a balanced

temperament was Dr. Ford," Feinstein said.

Another Democrat, Amy Klobuchar, noted that Grassley had

thanked Ford for her bravery but nevertheless failed to back any

further investigation.

"Where is the bravery in this room?" Klobuchar asked.

'THEY DON'T MATTER'

Flake, who had previously raised concerns about the

allegations against Kavanaugh, said Ford gave "compelling

testimony" but Kavanaugh provided "a persuasive response."

Soon after Flake made his announcement, he was confronted in

an elevator while on his way to the committee meeting by two

protesters who said they were sexual assault survivors.

"That's what you're telling all women in America - that they

don't matter, they should just keep it to themselves," one of

the protesters shouted at Flake in an exchange aired by CNN.

"I need to go to my hearing. I've issued my statement,"

Flake said.

The controversy has unfolded just weeks ahead of the Nov. 6

congressional elections in which Democrats are trying to seize

control of Congress from the Republicans.

If confirmed, Kavanaugh would consolidate conservative

control of the nation's highest court and advance Trump's broad

effort to shift the American judiciary to the right.

Democrats said Kavanaugh's confirmation could taint the

Supreme Court, which prides itself on staying above the

political fray.

"Voting to advance and ultimately confirm Judge Kavanaugh

while he is under this dark cloud of suspicion will forever

change the Senate and our nation's high court. It will

politicize the U.S. Supreme Court," Democratic Senator Patrick

Leahy said.

Democrats have urged a delay in the confirmation process to

allow for an FBI investigation. The American Bar Association,

which earlier endorsed Kavanaugh, and the dean of Yale Law

School, which Kavanaugh attended, also called for an FBI probe,

the first indication of the legal profession turning on the

nominee.

The committee Republicans also voted down a Democratic

motion seeking to subpoena Mark Judge, a Kavanaugh friend who

Ford said witnessed the assault. Judge told the committee in a

written statement he does not recall any such incident.

Senator Joe Donnelly, a moderate Democrat who last year

voted for Trump's previous Supreme Court nominee Neil Gorsuch,

announced he would vote against Kavanaugh. Two other key

moderate Democrats who voted for Gorsuch, Heidi Heitkamp and Joe

Manchin, have not announced how they will vote.

Kavanaugh could be the deciding vote on contentious legal

issues if he is confirmed to the nine-member court, with

disputes involving abortion, immigration, gay rights, voting

rights and transgender troops possibly heading to the court

soon. The court begins its next term on Monday, down one justice

after the retirement of conservative Anthony Kennedy effective

in July. Trump nominated Kavanaugh to replace Kennedy.

Ford testified on Thursday she was "100 percent certain"

Kavanaugh assaulted her. Kavanaugh called himself the victim of

"grotesque and obvious character assassination."

Questions were raised about Kavanaugh's temperament at the

hearing as well as his fiery political accusations and how that

could impact his role on the court.

"I believe once he gets to the Supreme Court, he will call

the balls and strikes fairly," White House adviser Kellyanne

Conway told "CBS This Morning," using a baseball analogy.

Attention to the hearing moved far beyond the world of

Washington politics. Ford has emerged in the eyes of many

American women as a compelling figure in the #MeToo movement

against sexual harassment and assault.

Reuters

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