Sen. Jeff Flake, seen as a key swing vote who could either put Brett Kavanaugh on the Supreme Court or kill his chances, is not committing to voting for the nominee at a Friday morning Judiciary Committee markup.

The Arizona Republican sounded very conflicted Thursday evening following a meeting of the Senate Republican Conference after the Judiciary panel spent nearly nine hours Thursday hearing from Kavanaugh and Christine Blasey Ford, who has accused him of sexually assaulting her at a party decades ago when they were both in high school.

Flake, a Judiciary member, said much of what he and other senators were trying to work through is what the burden of proof or standard of evidence should be in reviewing the testimony of both Ford and Kavanaugh.

“This isn’t a criminal case. This is advise and consent. It has a political element as well,” he said. “It’s like impeachment. They say that you don’t know where it starts and where it ends, but it’s a decision you have to make. We’re doing the best we can.”

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