Kavanaugh: Nomination moves ahead, with a call by Flake, Democrats, for an FBI investigation

Eliza Collins USA TODAY

Published 2:42 PM EDT Sep 28, 2018

The Senate Judiciary Committee has approved, along party lines, the nomination of Brett Kavanaugh to the Supreme Court – with a request that the FBI conduct an investigation into sexual assault allegations before the full Senate takes a vote.

"I think it would be proper to delay the floor vote for up to but not more than one week in order to let the FBI do an investigation limited in time and scope to the current allegations," said Sen. Jeff Flake, R-Ariz. "And I will vote to advance the bill to the floor with that understanding."

His comment came shortly after he was cornered in an elevator by a sexual assault survivor who pleaded with him to do the right thing. Visibly shaken, he left for the hearing room.

Kavanaugh's nomination was forwarded to the full Senate on an 11-10 party line vote.

Flake said he would be comfortable moving ahead on a full vote only with an FBI investigation. He said he would make a request to the White House for the investigation. Only the president can request the FBI to investigate in such circumstances.

Trump told reporters he is open to a delay in the vote and that senators should do “whatever they think is necessary" to get to a decision on Kavanaugh.

Trump spoke with reporters before meeting with President Sebastian Pinera of Chile.

The call for an FBI investigation came after a flurry of discussions between Flake and his Democratic counterparts. Flake had announced Friday morning that he was voting in favor of Kavanaugh's nomination. 

As fellow members of the Judiciary Committee spoke, Flake, an Arizona Republican, tapped his friend, Sen. Chris Coons, D-Del., on the shoulder. Coons had just asked for a delay in the vote and for a fuller investigation into the allegations. 

“It’s about the court’s legitimacy,” Coons said.

If his nomination goes through without nonpartisan investigation, Coons said, “his service may well have an asterisk. Litigants coming to the court will have reason to question the fairness of the institution.”

That set off a flurry of quiet conversations outside the room, as senators continued to deliver remarks, suggesting they were discussing a delay.

More: Yale Law joins American Bar Association in request for FBI probe

More: Prosecutor who questioned Ford says she wouldn't prosecute Brett Kavanaugh

As the conversations continued, Capitol Police increased their presence in the hall of the Dirksen Senate Office Building, where protesters gathered again Friday. They were present all day Thursday, as Kavanaugh and Christine Blasey Ford testified.

Friday's maneuvering began as Sen. Cory Booker, D-NJ, defend Ford's Thursday testimony and attacked Kavanaugh's, specifically criticizing Kavanaugh's reluctance to call for an FBI investigation.  

"He's refused to call for this committee to hear even live testimony from witnesses that could corroborate his testimony," Booker said. 

What viewers of the feed couldn't see was members of the committee gathering and walking – Flake and Coons first.

Sen. Patrick Leahy, D-Vt., and Sen. Amy Klobuchar, D-Minn., followed. Sen. John Cornyn, R-Texas, got up soon after through the same door. Minutes later, the Democrats who stepped out to chat with Flake were back, without Flake. The Democrats then began to huddle in whispered conversation as Booker continued to speak.

More: Protester shouts at Sen. Jeff Flake in elevator : ‘Tell me it doesn’t matter’

"A seat on the Supreme Court is not an entitlement," Booker said. "We should listen to women and thoroughly investigate this before doing any other thing. 

Booker then walked out with Richard Blumenthal, D-Conn., who returned to suggest a rebuilding would be needed after "words were spoken" during the Thursday hearing. 

"I'm here to make a last appeal before we make a rush to judgment," Blumenthal said.

After speaking, Blumenthal said he would oppose Kavanaugh then left the room. A group of senators then gathered in a separate room, forcing a suggestion of delaying the vote. Senator Chuck Grassley, the committee chairman, said there would be no delay, for now. 

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