Live: Brett Kavanaugh nomination faces delay | CNN Politics

Brett Kavanaugh nomination faces delay

sen jeff flake asks for investigation 2
Senator Flake requests an FBI investigation
2:30 • Source: CNN
sen jeff flake asks for investigation 2
2:30

What we covered here

  • Kavanaugh passes, with a condition: The Senate Judiciary Committee voted to send the Brett Kavanaugh nomination to the floor, but Sen. Jeff Flake said he will only support it after a brief FBI investigation.
  • What comes next? There will be a motion to proceed vote tomorrow, with an agreement for the supplemental background check for no longer than one week. President Trump has ordered the FBI investigation.
  • Earlier: Democrats, a few Republican governors and the American Bar Association urged the committee to halt the vote until an FBI investigation.
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Our live coverage of today’s dramatic committee vote has ended, but stick with CNN Politics for more updates on Brett Kavanaugh’s confirmation process.

In the meantime…

  • Read up on all the details from today’s meeting and delayed vote
  • See how President Trump reacted to the delay
  • Watch the moment two protesters confronted Sen. Jeff Flake
  • See which two red-state Democrats announced they’d vote no on Kavanaugh
  • Watch the moment committee Democrats walked out of today’s meeting

Ford's lawyer welcomes FBI investigation, warns against "artificial" time limits

Debra S. Katz, one of Christine Blasey Ford’s lawyers, released a statement Friday afternoon welcoming the FBI investigation:

Trump orders FBI supplemental investigation into Kavanaugh

In a tweet on Friday afternoon, White House press secretary Sarah Sanders issued a statement on behalf of President Donald Trump.

“As the Senate has requested, this update must be limited in scope and completed in less than one week,” the statement continued.

Here’s her tweet:

Kavanaugh says he will continue to cooperate with the FBI

Supreme Court nominee Brett Kavanaugh issued a statement Friday afternoon, saying he will continued to cooperate with the FBI:

Key GOP senator: Today was "a good step"

While getting into her car, Sen. Lisa Murkowski of Alaska, a key vote, remarked that Friday had been “a good step.”

She had earlier expressed support for Sen. Jeff Flake’s proposal for a delay, saying, “I support the FBI having an opportunity to bring some closure to this.”

When asked if she would agree to move forward with the final vote if the investigation had not finished, she wouldn’t say.

“We’ve asked the FBI to reopen and we’ve put priority on this obviously. And they will move as quickly as they can - and we will move forward from there,” Murkowski said.

Flake says FBI report could change his mind on Kavanaugh

Arizona Republican Sen. Jeff Flake told reporters that Senate Majority Leader Mitch McConnell said he would wait to move to a final vote “until the (FBI) report is filed.”  

He said the report will be given to the White House and the committee, but he hasn’t been given any assurances the FBI probe will be done in a week.

Asked if he is prepared to vote to confirm Kavanaugh if probe is not done within a week, Flake replied: “All we can say it has to be done within a week or we move forward.”

He said today’s protestors did not change his mind necessarily. He couldn’t “pinpoint” the reason, but he said he had sleepless nights.

Flake also said the FBI will determine what “credible” allegations to probe.

White House official: Trump will authorize and order a supplemental FBI background investigation

A White House official says President Donald Trump will authorize and order a supplemental FBI background investigation into Brett Kavanaugh.

A written statement (or possibly a Tweet) is expected at some point to affirm what the President suggested earlier in the Oval Office when he said he would be “totally reliant on what Senator Grassley and the group decides to do.”

It was 10 days ago when Trump first told us in the Oval Office that the FBI doesn’t do these types of investigations. Tonight, he will order them to do just that — after a handful of Senate Republicans insisted upon it.

Ted Cruz: We'll let the FBI determine which allegations are credible

Sen. Ted Cruz, emerging from the meeting in Majority Leader Mitch McConnell’s office, said they will leave it to the FBI to decide which are the “credible” allegations.

When asked directly what the Senate GOP would do if the FBI probe is not completed, Cruz said the conference has agreed to move forward next week.

Here's the latest whip count for the senators who control the vote

Earlier we brought you a whip count based on the senators – Republican and Democrat alike – who held the keys on moving the Kavanaugh nomination forward.

The 🕵️ indicates they support an FBI investigation.

Here’s where they stand now after today’s developments:

R - Sen. Susan Collins 🕵️

R - Sen. Lisa Murkowski 🕵️

D - Sen. Joe Manchin 🕵️

D - Sen. Heidi Heitkamp 🕵️

R - Sen. Jeff Flake 🕵️

R - Sen. Bob Corker ✅

D - Sen. Doug Jones ❌

D - Sen. Bill Nelson ❌

D - Sen. Joe Donnelly ❌

D - Sen. Jon Tester ❌

Collins supports Republican agreement to delay vote for FBI investigation

Sen. Susan Collins, another key vote, said she is supportive of the Republican agreement to delay the Kavanaugh vote so an FBI investigation can take place.

Collins added that she believed there would be an FBI investigation and said the White House was in discussions about the proposal during the meeting she was in.

Collins also tweeted her support of the deal:

Protester who confronted Flake in elevator reacts to his apparent change of heart

One of Friday morning’s most memorable moments came when two protesters who say they are sexual assault survivors confronted Sen. Jeff Flake in an elevator after he said he’d vote to confirm Brett Kavanaugh.

Hours later, Flake called for a vote delay and FBI investigation.

In response, one of the two women, Maria Gallagher, posted a celebratory image of her hugging the second woman, Ana Maria Archila.

“I feel relieved that (Flake) seems to have heard my and (Archil’s) voices in the Senate elevator today,” she wrote.

Mark Judge denies allegations from 3rd accuser in letter to Judiciary Committee

Mark Judge has sent a letter dated today to Sens. Chuck Grassley and Dianne Feinstein specifically denying Julie Swetnick’s allegations, saying they are “so bizarre that, even while suffering from my addiction, I would remember actions so outlandish. I categorically deny them.”

Swetnick was the third woman to come forward with allegations against Brett Kavanaugh.

Judge also writes that he will “cooperate with any law enforcement agency that is assigned to confidentially investigate these allegations.”

“I am submitting this letter under penalty of felony,” Judge writes before signing it. 

Senate Judiciary Committee asks White House to order FBI investigation

The Senate Judiciary Committee will ask the White House to conduct the investigation of Judge Brett Kavanaugh with the provision it ends no later than Friday, October 5.

In a statement, the committee said:

Here’s the full statement:

Lindsey Graham says delay won't be for more than a week: "We're not playing this game"

In response to a question about Sen. Jeff Flake’s request for a one-week investigation, Sen. Lindsey Graham insisted that Brett Kavanaugh’s Supreme Court nomination would go forward, while praising Flake as “a really good guy.”

“I think what Jeff is trying to do is end this the best he possibly can, to accommodate some people on the other side, and to bring the committee together if possible,” Graham said to reporters. “This is democracy.”

When pushed again on why Flake seemed to change his mind, Graham repeated, “This is called democracy … Jeff’s a really good guy. I wouldn’t have done it. Jeff is trying to be fair.”

However, Graham insisted that both he and Flake felt confident in Kavanaugh’s nomination, and that the process would push forward.

“A week is enough time for (Flake), maybe less … We’re not playing this game of opening this up and it goes on forever.”

Watch more:

There will be a motion to proceed tomorrow, with an agreement for the background check, GOP says

Senate Majority Whip John Cornyn says there will still be a motion to proceed vote in the Senate tomorrow, with an agreement for a supplemental background check for no longer than one week.

GOP senator says there's a statement coming about what happens now

Sen. John Kennedy says there will be a statement issued soon, presumably by Senate Majority Leader Mitch McConnell, about the path forward with the nomination.  

Kennedy said this as he departed the meeting in McConnell’s office with GOP leadership and some Republican members of the Senate Judiciary Committee.

Mark Judge will cooperate with law enforcement investigation, lawyer says

Barbara Van Gelder, attorney for Mark Judge, says: “Mr. Judge asked not testify publicly. If the FBI or any law enforcement agency requests Mr. Judge’s cooperation, he will answer any and all questions posed to him.”

Christine Blasey Ford said Mark Judge was also in the room when she was allegedly assaulted by Brett Kavanaugh.

These are the two protesters who may have changed Flake's mind

Sen. Jeff Flake.

On Friday morning, Sen. Jeff Flake announced he was “prepared to support (Kavanaugh’s) nomination.” Then, he disappeared from the hearing room for almost an hour and reemerged asking for an FBI investigation.

We’re not sure what happened behind closed doors, but there was a stand-out live-on-air moment this morning. Minutes after Flake announced his support, he was confronted in a Senate office building elevator by two women who say they are sexual assault survivors.

“I was sexually assaulted and nobody believed me,” the second woman, Maria Gallagher, told Flake. “I didn’t tell anyone and you’re telling all women that they don’t matter, that they should just stay quiet because if they tell you what happened to them you are going to ignore them. 

Archila, the co-executive director of the Center for Popular Democracy, later told CNN that she was sexually assaulted when she was 5 years old. She said she was “profoundly disappointed” in Flake. “I thought that he was someone who was willing to take a stand, that was on the side of justice, and I thought of him as someone who was able to recognize the humanity across political lines,” Archila told CNN.

The second woman, Maria Gallagher, a recent college graduate, told CNN she felt “nauseous” and “upset” upon hearing of Flake’s decision.

This was the first time she’s related her story out loud or publicly, Gallagher said.

“It’s not something that I ever want to or like to share with people,” she said, adding, “But I thought it was important that he knows, and that promoting Brett Kavanaugh is telling victims of sexual assault that no one wants to hear you.”

A play-by-play of Jeff Flake's day

Sen. Jeff Flake was at the center of today’s drama over Supreme Court nominee Brett Kavanaugh.

The Arizona Republican started his day with a statement saying he’d vote yes, but then ended a committee meeting by saying he’d vote to move the nominee to the Senate floor – only if the main vote is delayed for an FBI investigation.

Between then, he was confronted by protesters, huddled privately with one of his Democratic friends and went missing for a committee meeting for more than an hour.

Here’s the play-by-play of how Flake’s day unfolded:

  • Around 9:30 a.m. ET: Flake releases a statement saying he will vote to confirm Kavanaugh.
  • A minute later, at 9:31 a.m. ET: As Flake is trying to get into an elevator to head to the committee meeting, two women confront him. They tell him they were victims of sexual assault and say his decision to back Kavanaugh sends a message that women’s voices don’t matter. Flake is visibly uncomfortable. He quietly listens to the women.
  • Soon after that: Sen. Chris Coons, a Democrat who is good friends with Flake, gets emotional when he learns of Flake’s decision. CNN asks him for comment, and he tears up. “We each make choices for our own reason. I’m struggling, sorry,” he says.
  • 12:16 p.m. ET: During the committee hearing, Flake stands up and approaches Coons. The two walk out together. Several other Democrats follow.
  • 1:30 p.m. ET: The Senate Judiciary Committee is scheduled to vote, but Flake still isn’t in the room. He’s been out of the meeting room for more than an hour at this point.
  • 1:51 p.m. ET: Flake begins speaking to the committee. He says he will vote to move Kavanaugh out of the committee and to the floor of the Senate as long as the main vote will be delayed by up to one week to allow for an FBI investigation.
  • 1:53 p.m. ET: The committee votes 11-10 to send Kavanaugh to the floor.
  • After the meeting: Flake says he would only vote yes on the floor if there is a delay and an additional FBI investigation.

Manchin supports Flake call for a delay

Key moderate Democrat Sen. Joe Manchin says he supports Sen. Jeff Flake’s call for a delay.

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