Friday, 28 September 2018

Jeff Flake says he WILL vote to confirm Kavanaugh as Judiciary on verge of advancing him


Angry Senate Democrats stormed out of the Senate Judiciary Committee after the panel met Friday morning to vote out the nomination of Brett Kavanaugh for the Supreme Court hours after hearing sexual assault allegations against him. 

The out-voted Democrats abruptly left the hearing after the dramatic late-breaking development that retiring Sen. Jeff Flake would fall in line with other Republicans and vote to move Kavanaugh’s nomination ahead, and after a motion to subpoena testimony from Kavanaugh’s high school friend Mark Judge.   

‘I will vote to confirm Judge Kavanaugh,’ Flake said in a brief statement, arguing that ‘fairness and due process’ applied to the apply’ to his situation.  

Connecticut Sen. Richard Blumenthal, California Sen. Kamala Harris, Hawaii Sen. Mazie Hirono and Delaware Sen. Sheldon Whitehouse told reporters that they were enraged by the Republicans’ refusal to put the Kavanaugh hearings on hold while the FBI conducts a new investigation into a sexual assault allegation.

The four left a hearing room to hold their own press conference in a hallway, dueling for TV exposure with the hearing.

Republicans, Harris said, were ramming Kavanaugh’s nomination through as an exercise in ‘raw power.’

A committee vote on Kavanaugh’s fate is expected to proceed along party lines at 1:30 p.m.

But the morning hearing gave senators from both sides another chance to stemwind and restate their positions a day after Dr. Christine Ford publicly accused Kavanaugh of sexually assaulting her during a high school party in 1982.

Asked how much effort Democrats had put into coordinating their demands for the FBI’s intervention, Hirono laughed. ‘You don’t think that an FBI investigation is at the core of all of this?’ 

Blumenthal vowed to ‘use every tool available’ to stop Kavanaugh.

Hirono said she hopes the few remaining undecided senators are ‘searching their souls and will do the right thing.’

Flake’s support makes it virtually certain Kavanaugh’s nomination has the votes to clear the committee with a favorable recommendation, as GOP leaders pursue a strategy of advancing the nomination as quickly as possible following a dramatic hearing where the nominee emphatically denied committing sexual assault.

Democrats including Sen. Kamala Harris of California stormed out of the hearing room as the Judiciary Committee prepared to vote out Brett Kavanaugh's nomination

Democrats including Sen. Kamala Harris of California stormed out of the hearing room as the Judiciary Committee prepared to vote out Brett Kavanaugh's nomination

Democrats including Sen. Kamala Harris of California stormed out of the hearing room as the Judiciary Committee prepared to vote out Brett Kavanaugh’s nomination

'We are an arm and a very weak arm of the Trump White House,' complained Democratic Sen. Patrick Leahy of Vermont, who stayed behind inside the hearing room

'We are an arm and a very weak arm of the Trump White House,' complained Democratic Sen. Patrick Leahy of Vermont, who stayed behind inside the hearing room

‘We are an arm and a very weak arm of the Trump White House,’ complained Democratic Sen. Patrick Leahy of Vermont, who stayed behind inside the hearing room

A woman who said she is a survivor of a sexual assault (R) confronts Republican Senator from Arizona Jeff Flake (L) in an elevator after Flake announced that he vote to confirm Supreme Court nominee Brett Kavanaugh in the Russell Senate Office Building in Washington

A woman who said she is a survivor of a sexual assault (R) confronts Republican Senator from Arizona Jeff Flake (L) in an elevator after Flake announced that he vote to confirm Supreme Court nominee Brett Kavanaugh in the Russell Senate Office Building in Washington

A woman who said she is a survivor of a sexual assault (R) confronts Republican Senator from Arizona Jeff Flake (L) in an elevator after Flake announced that he vote to confirm Supreme Court nominee Brett Kavanaugh in the Russell Senate Office Building in Washington

Flake listens during a meeting of the Senate Judiciary Committee shortly after announcing his decision 

Flake listens during a meeting of the Senate Judiciary Committee shortly after announcing his decision 

Flake listens during a meeting of the Senate Judiciary Committee shortly after announcing his decision 

The development came hours after Kavanaugh testified during an emotional Judiciary panel hearing, after accuser Christine Blasey Ford delivered emotional testimony accusing him of a decades-old sexual assault. Kavanaugh issued his own tearful and emotional denial, then attacked panel Democrats of being part of a conspiracy to bring his nomination down. 

Democrats, outnumbered on a committee and helpless to stop the pace of the nomination, inveighed against Kavanaugh’s testimony – where he accused Democrats of running a ‘search and destroy’ mission against him.

‘This is someone who was aggressive and belligerent,’ Feinstein, the senior panel Democrat said at the hearing.

In the 25 years on this committee, I have never seen a nominee for any position behave in that manner. Judge Kavanaugh used as much political rhetoric as my Republican colleagues. And, what’s more, he went on the attack,’ she said. 

‘I have never seen a nominee for any position behave in that matter,’ Feinstein said, defending herself against charges that she or her staff were involved in the leak of Ford’s allegations, something she denied at Thursday’s hearing.

Furious Democrats walked out of the hearing while it was still ongoing, delivering angry denunciations of the majority and its decision to sprint ahead.

Among those walking out were Sens. Richard Blumenthal, Kamala Harris, Mazie Hirono, and Sheldon Whitehouse. The protest created a televised split screen, while senior panel Republicans sang Kavanaugh’s statements in prepared statements, while Democrats delivered finger-pointing attacks on the majority outside.

Republican senators say the Judiciary Committee plans to vote Friday morning on Brett Kavanaugh's nomination to the Supreme Court

Republican senators say the Judiciary Committee plans to vote Friday morning on Brett Kavanaugh's nomination to the Supreme Court

Republican senators say the Judiciary Committee plans to vote Friday morning on Brett Kavanaugh’s nomination to the Supreme Court

‘He volunteers in the community,’ said senior Republican Orrin Hatch of Utah, while Democrats fumed outside the room.  

‘I’m sure a lot of people are irritated right now and I’ll let express that irritation, said Sen. Charles Grassley of Iowa, the committee chairman.

‘We are an arm and a very weak arm of the Trump White House,’ complained Democratic Sen. Patrick Leahy of Vermont.  

Harris tweeted: ‘Setting a vote on Kavanaugh less than 24 hours after yesterday’s testimony shows what a sham this process has been. I just refused to vote and walked out.’

Even with Judiciary approval, which now appeared nearly certain on a party-line vote, a handful ofRepublican and Democratic centrists hold Brett Kavanaugh’s fate in their hands after an electrifying day of testimony which saw him fight for his professional life and Christine Blasey Ford repeat her detailed claim that he once sexually assaulted her.

The White House still would not say Friday it has the votes to prevail on the floor.

The news comes after a nearly 8-hour day that saw both Christine Blasey Ford and Brett Kavanaugh take the stand in what was an emotional hearing before the Senate Judiciary Committee

The news comes after a nearly 8-hour day that saw both Christine Blasey Ford and Brett Kavanaugh take the stand in what was an emotional hearing before the Senate Judiciary Committee

The news comes after a nearly 8-hour day that saw both Christine Blasey Ford and Brett Kavanaugh take the stand in what was an emotional hearing before the Senate Judiciary Committee

Flake issued a definitive statement after leaving both sides guessing with his vague speech at Thursday’s tense hearing.

‘After hearing more than 30 hours of testimony from Judge Kavanaugh earlier this month, I was prepared to support his nomination based on his view of the law and his record as a judge. In fact, I commented at the time that had he been nominated in another era, he would have likely received 90+ votes,’ Flake said.

He then referenced Ford’s allegations of sexual assault.

‘When Dr. Ford’s allegations against Judge Kavanaugh surfaced two weeks ago, I insisted that she be allowed to testify before the committee moved to a vote. Yesterday, we heard compelling testimony from Dr. Ford, as well as a persuasive response from Judge Kavanaugh,’ Flake said.

‘I wish that I could express the confidence that some of my colleagues have conveyed about what either did or did not happen in the early 1980s, but I left the hearing yesterday with as much doubt as certainty.’

‘What I do know is that our system of justice affords a presumption of innocence to the accused, absent corroborating evidence. That is what binds us to the rule of law. 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,’ Flake concluded.

As the panel met Friday, Democratic Sen. Richard Blumenthal immediately moved to subpoena Kavanaugh friend Mark Judge. Blasey Ford claims Judge was present during the alleged assault. Judge never appeared before the panel or met with the FBI, although panel chair Charles Grassley of Iowa read a letter by Judge’s lawyer.

‘The ram job continues,’ said Sen. Sheldon Whitehouse.   

Blumenthal said of Judge as the tense hearing began: ‘Evidently he has never been interviewed by the FBI. He has never been questioned by any member of our committee. He has never submitted a detailed account of what he knows.’

‘He has submitted a cursory, conclusory 6-sentence letter,’ Blumenthal complained. ‘We cannot in good conscience, vote without hearing at least from Mark Judge … We should hear from the other sexual assault survivors who have come forward with incredible and powerful stories.’ 

Within minutes of the conclusion of the riveting Senate hearing, Republicans announced that the Judiciary Committee would meet Friday morning for a vote on Kavanaugh’s confirmation.

Kavanaugh is expected to clear a committee roll call. But even if he doesn’t, Majority Leader Mitch McConnell will start turning the Senate’s wheels with a procedural floor vote as early as Saturday.

Key holdouts huddled in the Capitol on Thursday evening, including SusanCollins of Maine, Lisa Murkowski of Alaska and Jeff Flake of Arizona.

West Virginia Democrat Joe Manchin, facing a difficult re-election fight in a deep-red Trump state, has sent signals that he could vote with Republicans.

If not, Republicans could withstand just a single defection if they want to confirm Kavanaugh, who has emphatically denied Ford’s allegations.

The committee is likely to recommend Kavanaugh be approved on Friday. It will then be for the a full Senate vote to decide his fate

The committee is likely to recommend Kavanaugh be approved on Friday. It will then be for the a full Senate vote to decide his fate

The committee is likely to recommend Kavanaugh be approved on Friday. It will then be for the a full Senate vote to decide his fate

Other Democrats sitting on the fence as of Friday morning included Joe Donnelly of Indiana, Heidi Heitkamp of North Dakota and Bill Nelson of Florida. All three are looking to avoid alienating Republican voters in advance of the midterm election just weeks away. 

Flake, a retiring Arizona lawmaker who has crossed swords with Trump, failed to question wither Kavanaugh or Ford during Thursday’s Judiciary Committee hearing – instead delivering an equivocating speech.

‘I’m sorry for what’s happened to you and your family. I’m sorry for what has happened to hers. This is not a good process, but it’s all we’ve got,’ Flake said.

After the hearing Flake said it was a ‘tough call’ on whether he would support Kavanaugh, saying Ford’s account was ‘compelling’ but lacked ‘corroboration from those who were there.’

Asked how he would vote, Flake only said ‘let me process it.’ 

 I watched with tears as Dr Ford bravely shared her experience with the Senate,’ Judge Kavanaugh, who didn’t demonstrate honesty or temperament, is asking senators for a seat on the highest court in the land – which he did not deserve today.’

‘There have been no decisions,’ Manchin reportedly said outside the hearing room. ‘There are some concerns that people have, and we’re going to try to close the loop.’  

While Flake is the only senator among the four who is a member of the Judiciary Committee, all are considered key to determining Kavanaugh’s ultimate fate if his nomination were to reach a full vote in the Senate.

They talked for around 30 minutes before Thursday night’s GOP conference meeting.

Former President George W. Bush personally reached out to all four senators, including Manchin, hoping to help sway them to Kavanaugh’s side, according to The Washington Post

The former president has a long history with Kavanaugh, who worked for him during the crucial Florida recount in the 2000 presidential election. Bush nominated Kavanaugh to the U.S. Court of Appeals in 2003.

Meanwhile, moderate Democratic Sen. Doug Jones revealed Thursday night that he would oppose Kavanaugh’s Supreme Court bid.

The Alabama senator, who defeated right-winger Roy Moore in a bellwether special election last year, called the nomination process ‘flawed from the beginning’ and said he found Ford to be both credible and courageous. 

Jones added that he was concerned voting ‘yes’ on Kavanaugh’s nomination would send a bad message to sons, daughters, and victims of sexual assault.   

Several Senate Republicans likewise acknowledged Ford’s ‘credibility.’ But GOP leadership from still scheduled a Judiciary Committee meeting and Friday vote immediately after the end of Kavanaugh’s testimony.

Three Republicans (Collins, Murkowski and Flake) and five Democrats (Donnelly, Heitkamp, Manchin, Nelson and Tester) are thought to be 'in play' and could switch sides when a final Kavbanaugh vote is called on the Senate floor

Three Republicans (Collins, Murkowski and Flake) and five Democrats (Donnelly, Heitkamp, Manchin, Nelson and Tester) are thought to be 'in play' and could switch sides when a final Kavbanaugh vote is called on the Senate floor

Three Republicans (Collins, Murkowski and Flake) and five Democrats (Donnelly, Heitkamp, Manchin, Nelson and Tester) are thought to be ‘in play’ and could switch sides when a final Kavbanaugh vote is called on the Senate floor

Kavanaugh and his wife Ashley Estes Kavanaugh, hold hands as they leave a holding room after the hearing on Thursday 

Kavanaugh and his wife Ashley Estes Kavanaugh, hold hands as they leave a holding room after the hearing on Thursday 

Kavanaugh and his wife Ashley Estes Kavanaugh, hold hands as they leave a holding room after the hearing on Thursday 

Supporters: Kavanaugh had a team of loyal supporters backing him for the hearing including his parents and wife

Supporters: Kavanaugh had a team of loyal supporters backing him for the hearing including his parents and wife

Supporters: Kavanaugh had a team of loyal supporters backing him for the hearing including his parents and wife

While the GOP swiftly decided on a Friday vote to decide if Kavanaugh will be recommended to the Senate, it remains too close to be sure whether the party will be able to get the 50 votes needed to officially confirm him 

While the GOP swiftly decided on a Friday vote to decide if Kavanaugh will be recommended to the Senate, it remains too close to be sure whether the party will be able to get the 50 votes needed to officially confirm him 

While the GOP swiftly decided on a Friday vote to decide if Kavanaugh will be recommended to the Senate, it remains too close to be sure whether the party will be able to get the 50 votes needed to officially confirm him 

Trump tweeted his support for Kavanaugh just minutes after the 8-hour hearing came to an end on Thursday night

Trump tweeted his support for Kavanaugh just minutes after the 8-hour hearing came to an end on Thursday night

Trump tweeted his support for Kavanaugh just minutes after the 8-hour hearing came to an end on Thursday night

But partisans on both sides were already rallying factions in the brutal fight over replacing Justice Anthony Kennedy, who was the critical ‘swing vote’ on the high court for years, following a hearing where Kavanaugh tore into Democrats for what he claimed was merely a conspiracy to bring him down.

‘I will never personally or professionally support any Democrat who votes to confirm Kavanaugh,’ tweeted Guy Cecil, head of the liberal superpac Priorities USA.

Kavanaugh himself lit partisan fires during his angry pushback on the assault charges, accusing panel Democrats of a ‘calculated and orchestrated political hit’.

Judiciary Republicans rallied around Kavanaugh after his emotional appearance, which followed Ford’s vivid description of her own suffering during an attack she says happened at a house party decades ago.

Graham tore into Democrats for what he called an ‘unethical sham’ saying: ‘Boy, y’all want power and I hope you don’t get it.’ 

But panel Democrats blasted the charge, saying they believed Kavanaugh’s accuser or at least wanted the FBI to investigate to discern more information and interview Mark Judge – a witness to the alleged attack.

‘We believe her,’ Senator Elizabeth Warren tweeted, joining the likes of Judiciary Committee members Kamala Harris and Richard Blumenthal, who both told Ford during they hearing that they believed her. 

Warren called for a full FBI investigation on Thursday, while fellow Democratic Sen Patty Murray said Kavanaugh should ‘withdraw immediately’. 

‘I watched with tears as Dr Ford bravely shared her experience with the Senate,’ Murray tweeted on Thursday. 

‘Judge Kavanaugh, who didn’t demonstrate honesty or temperament, is asking senators for a seat on the highest court in the land – which he did not deserve today.’  

‘Kavanaugh should withdraw immediately. If GOP leaders continue to rush this nomination, women & men across the country will stand up & fight back. The Senate failed Anita Hill & all women in 1991. 27 years later—we must do better.’   

Like Murray, several Democrats found Kavanaugh’s combative testimony to be disqualifying.

‘Judge Kavanaugh exhibited temperament Americans do not want in fair judges,’ said Democrat Sen Sheldon Whitehouse. 

Jeff Flake announced he would vote to confirm Kavanaugh at Frida's Judiciary Committee hearing 

Jeff Flake announced he would vote to confirm Kavanaugh at Frida's Judiciary Committee hearing 

Jeff Flake announced he would vote to confirm Kavanaugh at Frida’s Judiciary Committee hearing 

‘He was discourteous, lashing out at senators raising legitimate questions, and made unfounded conspiracy allegations about imagined plots by political enemies.’

Senate Democratic Leader Chuck Schumer also questioned why Republicans weren’t demanding the White House order the FBI to reopen their background investigation if they were ‘so certain’ of Kavanaugh’s story.

‘Hold off on a vote for several days so all the facts can come out,’ he proclaimed.

The American Bar Association has likewise demanded a full FBI investigation, calling on the Senate Judiciary Committee to halt the vote until one is completed. 

ABA President Robert Carlson wrote a letter to both Senate Judiciary Chairman Chuck Grassley and ranking Democrat Dianne Feinstein in which he said it was crucial that the FBI investigate Ford’s claims.

‘The basic principles that underscore the Senate’s constitutional duty of advice and consent on federal judicial nominees require nothing less than a careful examination of the accusations and facts by the FBI,’ he wrote. 

‘Each appointment to our nation’s Highest Court (as with all others) is simply too important to rush to a vote.’ 

‘Deciding to proceed without conducting additional investigation would not only have a lasting impact on the Senate’s reputation, but it will also negatively affect the great trust necessary for the American people to have in the Supreme Court.’ 

Carlson’s letter came just hours after Kavanaugh himself noted during his hearing that he had received the ABA’s highest rating of unanimous ‘well-qualified’ for the Supreme Court before Ford’s sexual assault allegations came to light.

But Kavanaugh’s angry denials, as well as his tearful account of the threats and harassment against his family, seemed to unite and energize Republicans.

‘I don’t know how you can listen to him and not realize that he’s what he says he is,’ Sen Orrin Hatch said, adding that he believes Kavanaugh will be confirmed. 

News of Friday’s vote comes after Kavanaugh delivered a fighting end to his Senate testimony Thursday when asked directly if he was innocent of claims he tried to rape Ford or had any doubts about his integrity.

‘100 per cent. Not a scintilla. Swear to God,’ he said. 

Kavanaugh gave an emotional and furious testimony in defense of his name when he took his place before the Senate on Thursday afternoon

Kavanaugh gave an emotional and furious testimony in defense of his name when he took his place before the Senate on Thursday afternoon

At some points Kavanaugh was visibly in tears as he delivered his 45-minute long opening statement

At some points Kavanaugh was visibly in tears as he delivered his 45-minute long opening statement

Kavanaugh gave an emotional and furious testimony in defense of his name when he took his place before the Senate on Thursday afternoon, at some point visibly in tears

Kavanaugh claimed the entire hearing - spurred by Ford's emotional recollection of a horrific assault - was actually an 'orchestrated political hit' by the Democrats 

Kavanaugh claimed the entire hearing - spurred by Ford's emotional recollection of a horrific assault - was actually an 'orchestrated political hit' by the Democrats 

Kavanaugh claimed the entire hearing – spurred by Ford’s emotional recollection of a horrific assault – was actually an ‘orchestrated political hit’ by the Democrats 

The forceful declaration capped an angry and emotional afternoon in which Kavanaugh fought for the Supreme Court seat – and got immediate approval from the president. 

‘Judge Kavanaugh showed America exactly why I nominated him,’ Trump tweeted just moments after the hearing ended.

‘His testimony was powerful, honest, and riveting. Democrats’ search and destroy strategy is disgraceful and this process has been a total sham and effort to delay, obstruct, and resist. The Senate must vote!’  

The embattled nominee began with a 45-minute, 5,200-word opening statement, throwing away a far briefer statement he had already submitted as he instead launched into conspiracy theories that the hearing was the Democrats’ ‘revenge for the Clintons’.  

‘This whole two-week effort has been a calculated and orchestrated political hit fueled with apparent pent-up anger about President Trump and the 2016 election,’ Kavanaugh claimed.

‘Fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons, and millions of dollars in money from outside left-wing opposition groups.’

But that testimony was challenged head-on by Democratic senator Cory Booker, who later asked if Kavanaugh believed Ford was a political operative and if he wished she had ‘never come forward’.

‘Are you saying Dr Ford’s efforts to come forward to prepare for the difficult testimony she gave today, have all been part of an orchestrated hit? Are you calling her a political operative?’ the senator asked.

‘All allegations should be taken seriously…I don’t know her, but I also said [my family and I] have no ill will towards her,’ Kavanaugh said.

‘Do you think that people who believe Dr Ford are legitimizing despicable things?’ Booker continued. ‘Do you think we’re somehow engaging in something that’s despicable?’ 

‘She is not a political pawn, she is not part of the Clinton’s effort to get some kind of revenge,’ the senator went on in a rousing defense of Ford. ‘She’s a woman who came here with corroborating evidence to tell her truth.’ 

Kavanaugh later admitted at the end of the hearing that he did not watch Ford’s testimony.

The judge choked up and took deep, heaving breaths in his opening statement as he talked about what his youngest daughter told his wife the night before he testified.

‘Little Liza said to Ashley, we should pray for the woman. That’s a lot of wisdom from a 10-year-old,’ he said. 

Kavanaugh was emotional again when talking about his yearbook. ‘For one thing, our yearbook was a disaster,’ he said, in reference to the reports of what was written inside.

‘Some people wanted the yearbook to be a combination of Animal House, Caddyshack, and Fast Times at Ridgemont High, which were all recent movies at that time,’ he noted, adding ‘many of us went along with the yearbook to the point of absurdity.’

He added: ‘This past week my friends and I have cringed when we talked about it to each other.’

Kavanaugh specifically referenced – without mentioning her name – Renate Schroeder Dolphin, who The New York Times reported on earlier this week, noting a ‘Renate’ reference appeared 14 times in Kavanaugh’s yearbook with Kavanaugh listed as a ‘Renate Alumni.’

Many on social media noted Kavanaugh's emotional outbursts, including his frequent interruptions during questioning by members of the Senate Judiciary Committee  

Many on social media noted Kavanaugh's emotional outbursts, including his frequent interruptions during questioning by members of the Senate Judiciary Committee  

Many on social media noted Kavanaugh’s emotional outbursts, including his frequent interruptions during questioning by members of the Senate Judiciary Committee  

‘It was not related to sex,’ he said bluntly. ‘I’m so sorry for her for that yearbook reference,’ he added, choking up as he proclaimed: ‘She was and is a great person.’

Sen Richard Blumenthal brought up the yearbook statement again later in the hearing, referencing Dolphin’s own quote to the Times that the ‘Alumni’ joke was ‘horrible, hurtful, and simply untrue’.

‘Renate Alumni clearly implied some boast of sexual conquest,’ Blumenthal added.   

Kavanaugh became agitated at the senator’s suggestion, instead trying to claim it was Blumenthal who was doing ‘great harm’ to Dolphin, despite the fact he was referencing her own direct quote regarding the yearkbook.

‘You’re just dragging her through the mud,’ Kavanaugh said. 

What was not addressed during the hearing was the fact that Kavanaugh’s lawyer claimed he shared a kiss with Dolphin after an event, to which she specifically told the New York Times never actually happened.

On Thursday Kavanaugh also reiterated a claim he made during his Fox News interview on Monday that he was a virgin in high school and for years afterward.

‘This is not a topic I ever imagined would come up in a judicial confirmation hearing,’ he said. ‘I never had sexual intercourse or anything close to it during high school or for many years after that.’

Kavanaugh also admitted he liked beer and still likes beer, but added it doesn’t mean he sexually assaulted anyone.

‘I liked beer. I still like beer. But I never drank beer to the point of blacking out and I never sexually assaulted someone,’ he said.

He then issued a warning that attempted to tie his sexual assault allegations to the fate of any young American who enjoys beer.

Democratic Sen. Joe Manchin exits after meeting privately with Republican Senators Jeff Flake, Susan Collins, and Lisa Murkowski following the hearing. The four are considered the key holdouts that could block Kavanaugh's nomination

Democratic Sen. Joe Manchin exits after meeting privately with Republican Senators Jeff Flake, Susan Collins, and Lisa Murkowski following the hearing. The four are considered the key holdouts that could block Kavanaugh's nomination

Democratic Sen. Joe Manchin exits after meeting privately with Republican Senators Jeff Flake, Susan Collins, and Lisa Murkowski following the hearing. The four are considered the key holdouts that could block Kavanaugh’s nomination

Manchin, of West Virginia, is surrounded by reporters after meeting privately with his fellow moderate Senators. He remained silent on his thought process following the emotional day 

Manchin, of West Virginia, is surrounded by reporters after meeting privately with his fellow moderate Senators. He remained silent on his thought process following the emotional day 

Manchin, of West Virginia, is surrounded by reporters after meeting privately with his fellow moderate Senators. He remained silent on his thought process following the emotional day 

Democratic Senators Kamala Harris questioned why Kavanaugh wasn't demanding an FBI investigation, while fellow Democrat Sen Cory Booker asked the judge if he believed Ford was a 'political pawn' in their tough line of questioning 

Democratic Senators Kamala Harris questioned why Kavanaugh wasn't demanding an FBI investigation, while fellow Democrat Sen Cory Booker asked the judge if he believed Ford was a 'political pawn' in their tough line of questioning 

Democratic Senators Kamala Harris questioned why Kavanaugh wasn’t demanding an FBI investigation, while fellow Democrat Sen Cory Booker asked the judge if he believed Ford was a ‘political pawn’ in their tough line of questioning 

‘If every American who drank beer in high school is suddenly presumed guilty of sexual assault we are in a new place in this country,’ he proclaimed. 

Whether Kavanaugh had ever blacked out from drinking was a frequent topic of discussion during the hearing, as he continued to claim he was far too focused on his football practice to ever do such a thing on weekdays in the summer.

Yet later in the hearing, Kavanaugh had to concede to Booker that on July 1 – a weekday – he had ‘brewskis’ with his friends after a football practice. The proof was in his much-discussed calendar. 

‘You drank on weekdays, yes or no?’ Booker asked. 

‘Well, yes…on July 1,’ Kavanaugh replied. 

Blumenthal also brought up how Kavanaugh had once described needing to ‘piece things back together’ after ‘falling off the bus on to the front steps of the Law School at 4.45am’ while he was a law student at Yale.  

Much was made of Kavanaugh's high school yearbook (being held by Democratic Sen Patrick Leahy). In his opening statement Kavanaugh said he was 'sorry' for a joke about a friend - Renate Dolphin - that had been interpreted as crude 

Much was made of Kavanaugh's high school yearbook (being held by Democratic Sen Patrick Leahy). In his opening statement Kavanaugh said he was 'sorry' for a joke about a friend - Renate Dolphin - that had been interpreted as crude 

Much was made of Kavanaugh’s high school yearbook (being held by Democratic Sen Patrick Leahy). In his opening statement Kavanaugh said he was ‘sorry’ for a joke about a friend – Renate Dolphin – that had been interpreted as crude 

Kavanaugh's mother Martha was near tears throughout the hearing

Kavanaugh's mother Martha was near tears throughout the hearing

Both Kavanaugh's mother Martha and wife Ashley, looked upset as they listened to his testimony

Both Kavanaugh's mother Martha and wife Ashley, looked upset as they listened to his testimony

Both Kavanaugh’s mother Martha, left, and wife Ashley, right, looked visibly upset as they listened to his testimony Thursday

Martha Kavanaugh began crying during the hearing as she sat beside her husband, Kavanaugh's father Edward

Martha Kavanaugh began crying during the hearing as she sat beside her husband, Kavanaugh's father Edward

Martha Kavanaugh began crying during the hearing as she sat beside her husband, Kavanaugh’s father Edward

 

Donald McGahn, White House Council, watches as Kavanaugh testifies on Ford's sexual assault allegations

Donald McGahn, White House Council, watches as Kavanaugh testifies on Ford's sexual assault allegations

Donald McGahn, White House Council, watches as Kavanaugh testifies on Ford’s sexual assault allegations

Fox legal expert Andrew Napolitano (top right) also slammed Republicans for letting Mitchell have control of the hearing

Fox legal expert Andrew Napolitano (top right) also slammed Republicans for letting Mitchell have control of the hearing

Fox legal expert Andrew Napolitano (top right) also slammed Republicans for letting Mitchell have control of the hearing

Donald Trump has praised Napolitano for his on-screen analysis in the past. With Trump almost certainly watching, the former judge said: ‘The president cannot be happy with this.’

What Trump saw on his White House television was a dais of his Republican allies sitting silently and not defending Kavanaugh while Mitchell carried on a superficial line of questioning.

‘Fox News Sunday’ host Chris Wallace, too, gave Mitchell a thumbs-down during a break in the hearing.

‘This is a disaster for the Republicans,’ Wallace said. ‘She is treating this like a deposition, like a court hearing.’

Unlike in a courtroom, Mitchell was not permitted to grill Ford at length. Instead she had disjointed five-minute segments, the slices of time alloted to her by Republicans who chose not to interrogate her themselves.

That kept her from building momentum and gave Ford consistent intermissions to soak in praise from Democrats who invited her to describe her decades of psychological pain.

Mitchell shook Ford's hand after questioning her in a forum that allowed her no chance to build momentum

Mitchell shook Ford's hand after questioning her in a forum that allowed her no chance to build momentum

Mitchell shook Ford’s hand after questioning her in a forum that allowed her no chance to build momentum

One rare positive for Mitchell came when she established that Ford chose to fly to Hawaii, Costa Rica and French Polynesia on vacations.

Republicans on the Judiciary Committee had postponed a hearing last week because Ford said one effect of her sexual-assault trauma was a fear of flying.

But most of the prosecutor’s work consisted of finding minor inconsistencies in Ford’s story.

She focused on Ford’s description testimony about the distance between home adolescent home and the house that hosted the party, and her lack of a driver’s license at the time.

The veiled suggestion was that whoever drove her home after her alleged sexual assault might not remember events the way Ford does.

But with only intermittent chances to swing daintily at her, Mitchell never drew blood.

In her last five-minute back-and-forth, Mitchell seemed to complain about how the hearing’s format put her at a disadvantage.

Talking about the standard practices for people who interview trauma survivors, she said that no stufy whose ‘that this setting, in five-minute increments, is the best way to do that.’

Instead she recommended having ‘a trained interviewer talk to you one-on-one in a private setting, and to let you do the talking’ at greater length.

‘That makes a lot of sense,’ Ford replied.

Mitchell noted that Ford had turned down such an interview proposed near her California home.

Democratic Sen. Claire McCaskill agreed that Mitchell was likely doomed from the start, but said she would have little chance of tripping Ford up no matter the format.

‘She has a tough job,’ McCaskill told reporters during a hearing recess. ‘I can’t imagine doing either a direct examination or a cross examination in five minute increments.’

‘And,’ the Missouri Democrat added, Mitchell is ‘not used to cross examining people who tell the truth.’

Her voice quavered as she described her trauma following the house party where she claims Kavanaugh attacked her as Judge watched.

‘I don’t have all the answers, and I don’t remember as much as I would like to,’ she said. ‘But the details about that night that bring me here today are ones I will never forget. They have been seared into my memory and have haunted me episodically as an adult.’ 

‘When I got to the small gathering, people were drinking beer in a small living room on the first floor of the house. I drank one beer that evening. Brett and Mark were visibly drunk. Early in the evening, I went up a narrow set of stairs leading from the living room to a second floor to use the bathroom. When I got to the top of the stairs, I was pushed from behind into a bedroom. I couldn’t see who pushed me.’

‘I believed he was going to rape me. I tried to yell for help. When I did, Brett put his hand over my mouth to stop me from screaming,’ she recalled.

‘This was what terrified me the most and has had the most lasting impact on my life. It was hard for me to breathe, and I thought that Brett was accidentally going to kill me.’

She added: ‘Both Brett and Mark were drunkenly laughing during the attack. They both seemed to be having a good time.’ 

Ford also addressed questions in her opening statement about why she did not report the assault at the time.

‘For a very long time, I was too afraid and ashamed to tell anyone the details. I did not want to tell my parents that I, at age 15, was in a house without any parents present, drinking beer with boys,’ she said.

‘I tried to convince myself that because Brett did not rape me, I should be able to move on and just pretend that it had never happened.’ 

 In her testimony, Ford said she came forward because she thought it was her duty to offer her knowledge about a nominee to the Supreme Court

 In her testimony, Ford said she came forward because she thought it was her duty to offer her knowledge about a nominee to the Supreme Court

 In her testimony, Ford said she came forward because she thought it was her duty to offer her knowledge about a nominee to the Supreme Court

Since Ford has come forward, both Julie Swetnick (pictured) and Deborah Ramirez have accused Kavanaugh of sexual assault

Since Ford has come forward, both Julie Swetnick (pictured) and Deborah Ramirez have accused Kavanaugh of sexual assault

Ramirez claims that Kavanaugh placed his penis in front of her and caused her to involuntary touch it during a party at Yale University

Ramirez claims that Kavanaugh placed his penis in front of her and caused her to involuntary touch it during a party at Yale University

Since Ford has come forward, both Julie Swetnick (left) and Deborah Ramirez (right) have accused Kavanaugh of sexual assault. Ramirez claims that Kavanaugh placed his penis in front of her and caused her to involuntary touch it during a party



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