Transcript for The Briefing Room: Judiciary Committee votes to advance Kavanaugh nomination

Either and welcome to the briefing your money ABC news political director Rick Klein joins hear about my colleagues Tara pulmonary. And and Mary Alice parks and we have a lot of fast moving developments on this historic day in Washington. Things are moving at both ends of Pennsylvania Avenue the Supreme Court right behind us of course the swing vote in very much in question of right across the street here. At the capitol just moments ago a couple of big developments in the Supreme Court nomination of Brett Cavanaugh a day after that. The daylong hearing we have news from the Senate Judiciary Committee two to prove his nomination forward by the narrowest of margins to the floor. But a big asterisk guys that has been appended to this by senator Jeff flake he doesn't want any movement on this until we see the FBI investigation. He was incredibly fluid situation I was texting with a's during the moment we're saying they didn't know what was going to happen next moment to moment. And I think it's important to break apart what you were just talking about on the one hand. Brett Cavanaugh has nomination moving forward through the process the nomination moving out of comedian with a vote on partisan lines on the other hand. Is big caveat about whether or not his nomination we'll past. On a final vote on the floor Jeff flake essentially holding his vote hostage if there's not an agreement. About an FBI investigation very clear that if there McConnell doesn't have the votes he wouldn't be here right now if he hadn't about as interesting because all along. For senators on the committee and outside the committee have always been looking to lake thinking that he would be the lines of possibly tank S and you know. Door in committee hearing sources told me that they Wear. In private meetings that he would say that he needed more time. To think about this that doctor fort need to be accommodated and you know he's not holding to McConnell. He's not beholden to triumph or Republican establishment he said he's going to retire. It's really able rather on his own as long as yet another senator out there and and we heard from Murkowski that she also. Plans to act. She'd make a decision after the FBI investigation. Analysts say to listen to what he said just moments ago in the Senate Judiciary Committee explaining why he was voting for this nomination but he has a big condition. I think it would be. Proper. To delay the floor vote. Four up Toobin not more than one week. In order to let the FBI. Continue to to do an investigation limited in time and scope. To the current allegations that are there. And limit in time to know more than one week. And I or I will vote to advance the bill. To the floor with that understanding. And dive I've spoken to a few other members. To on my side of the aisle that may be supportive as well. But that's my position I think six. That we we ought to do what we can to make sure. That that we do all due diligence with that in nomination this important and I want to say. That this committee has acted properly and the chairman has bent over backwards. To do investigations from this committee and two delayed. This boat in this committee for a week so that judge that. That this forward. Doctor Ford could be heard and she was yesterday. So so that's without agreement I will vote to advance bill to. Four. And let's bring in our seniors our senior national correspondent Terry Moran who covers the Supreme Court any follow all the hearings. Yesterday Terry what does this mean from senator flee to now. How how how much Howard as you have here in what's the import of potentially delaying this by a week. Well first he's got as much power as as he has in concert. With other senators remember he needs he himself cannot block the nomination but as he stated in. In before the committee he has the agreement of some other senator senator mansion Democrat of Virginia red state Democrat majority command that is. He supports what's called for only long FBI investigation as to senator Lisa Murkowski of Alaska. And a dozen others come in a centrist senators they control the balance of power now what does it mean. Well it depends at what they can turn up if they think are able to. Clear. Or or reach no conclusion. That implicates Brett Cavanaugh at all. In doctor Ford's allegation or you heard Jeff flake said all the allegations they're out there right now includes Deborah Mayer is. And Julie sweat neck as well. Well than them and vote will move forward but it's also possible that. That something else will turn up this benefit spread Kavanagh as well. Simply because the Democrats if they take over the house was we're going to go after him on the Supreme Court with subpoena power. To look into some of these issues and. I think that's really important point that there is making at the end it seems to me that Democrats had changed their tax a little bit today. They're saying okay fine if you don't want to get into what happened thirty years ago you can agree that if he is confirmed. It's idiot a real clout over the Supreme Court a political fight that continues. People are questioning whether or not the Supreme Court would be neutral arbitrators of the law. And I think in some ways Democrats found more success making that argument that they're needed to be an investigation to keep the Supreme Court. The pure and some lack less part of. The capital was asked this by Democrats several times yesterday he kept resisting that he kept sale to with a committee wants but he. Was asked over armored and just we need we your we have submit to an FBI investigation call for FBI investigation he said now. Bite bite because he wanted that money we. Isn't yet right if they get. And yes but in this same time that that the more time that there is to looking to Cavanaugh who knows what will come out all the knotty sort of an Atlanta lawyer claims that. More information more deet health. We don't know what will come out even though we know the investigation is only about doctor boards. And already has some classmates of his at Yale that it. Raise their hand and then okay the way he's scared driving his pass I don't know about that incident that I didn't know him as a heavy drinker. There's a lot of people an FBI agents could potentially toxic. So we're gonna talk about presidential stroll on this in a moment but more immediately false of the senate majority leader Mitch McConnell he's the guy that. That scheduled a floor vote tomorrow Siegel vote to see these things through. At this stage it's hard to imagine that taking place but Terry Moran does he have any maneuverability with this and he's the majority leader. He gets to control the fourth floor schedule but given where the votes lineup does the McConnell have an option but that delayed by at least that a couple of days. He's gonna have to delay then and ask president trump. To call for an FBI to order and then to an FBI investigation FBI works for the executive branch president the head of the executive branch and so it in president trumps. Power to do this as it always has been. McConnell might want to try to play chicken with some of these senators I'm gonna call the vote anyway if you weren't there you'll lose with your constituents he's not that kind of center. I think we're gonna get a delay now the FBI is is limited in what it can find. You know Rachel Mitchell who was the veteran sex crimes prosecutor from Arizona that Republicans brought in at the end of the day she said. Sure prosecutors same set of facts candor she would not be able to proceed with them with the prosecution of Brett Cavanaugh. As happens a lot these are very very old allegations and fortunately. There aren't a lot of witnesses to it to go to their witness their memories are our. You know very difficult to room. We're calling any precision or prosecute as the top of proof beyond a reasonable doubt. That's not the standard here and the other problems mark judge the key witness he was in the room allegedly according to doctor Ford it egging Brett Cavanaugh on. But he is already said he has no recollection is recovering alcoholic and he's somebody who if he does have any criminal liability is gonna take the Fifth Amendment. Before the FBI they might not be of the getting out of him nevertheless. This is more. Proper process. In looking at allegations like this and that I think is one of these senators like wanted to see. And and we mentioned president trump he was asked about this just moments after there's a fast moving day. Here at both ends of Pennsylvania Avenue and the president was asked about. The hearing yesterday as well as the prospect of the FBI getting back involved in the something he's ruled out in the past but take a listen to presidential today. Testimony was very compelling. And she looks like a very fine woman and very fine woman. And I thought. It's testimony likewise was. Really something. What I haven't seen before it was incredible it was an incredible. Moment I think in the history of our country. But certainly she was a very credible witness she was. Very good in many respects and I think that. I don't know if this is gonna continue one word are we gonna get a vote but. Again them I'm here so I'm not out there watching that they can't be as great respect to them if you look at what. We'll watch together. But I think. It will work out very well for the country I just wanna to work out well for the country if that happens I'm happy. Serve on areas he likened a pretty even measured tone from president trump he did not attack. The woman from yesterday Christine Christine glossy four he was very careful. In talking about how impressive she was in addition to our present just. Capitalists this the deck a different tone from president trump he showing some restraint. And he. You know seems to be acknowledging that he needs to give these senators some political cover and attacking her does not help them in any way I know last night at a fund raiser for the NR CC. He said privately that he felt that for her. I'm at the same time thought that she was hurt by some but it wasn't. Breck have a knot and you know he also called. It happened off fighter and he relish in his performance he was proud of the way he bought back. But he did it publicly entire crowd of Republican. Watch he didn't specify who would difficult to watch not doctor Ford or Bratt have company. You're sure it's sensitivity an acknowledgment that she was very crack. We want to bring into the conversation now Samantha Geary is a friend of doctor Christine glossy Ford was in that hearing room for those hours yesterday were doctor fort testified and and and Samantha. First of all who. The reaction to how the president has reacted to all of this have you have you spoken at all in the in the aftermath of yesterday's hearing to. To your friend doctor Ford and and how has she taken these last 24 hours of seat since he stepped away from the witness stand. Well I'm. Are today. But it's been a couple hours yesterday after her testimony. And it was really nice to eat the the color back and act. Like back. Nobody at the day's news. And it. Costs. Ready. Eight. Albert and I. And of course she she was assisting from very early on that there be an FBI investigation we now have news at a Capitol Hill that enough senators. Our intent on making that happen that it appears like it's likely to. We'll kind of cooperation is that your says that she is prepared. It's offered a she of other information. What kind of what kind of information is she ready to give to the FBI if indeed as a full fledged investigation. She'll continue to operate as has the very ending. It just answering the questions that they haven't heard and seen. It all amazement she cats. And did you watch the second half of the hearing went wreck happen. Many watch an entire thirty steam. You know sections. Of it. Adam and I. S. A. Do you know it is professor four and watched any NA and what what are your reactions just. From the whole debt. Hold Ng humming it isn't an intense day. You know her testimony. As a brand it was this incredibly he been able to. Sit there and perhaps. That. The rock. Group it's incredible how are well. We are all. But pastor opening statement. That she. Relax after that. And get back. Answer questions. After we are left. Not out well. We were able. To eat rat we're just all a product earth. Sheen she saw us through she's out despite. Tremendous personal sacker thanks he and I think that she is seeing. She's settles germ she's settled on. Her acts you it is responsible way. It's that was really all she did she sent out. Heavy spoke sink the boat how is she feeling about it. And not spoken to or since the. And incident the eerie it if you could. Didn't give us a sense of her mindset around all of this it does she feel now as if her voice was heard adequately. It is senators have have listened to this have weighed what she said we would he said and they end up. Putting Greg Kavanagh on the Supreme Court which she be at peace with that. I think it. That we are not responsibility. Right thing regardless of how how it turns out. So. High. She'll be at peace. Whitney. Calculate risks she told. Her response was. Com's outlook their conscience I'm not sure it. The rest congress a clear conscience on this they go our. But she she she filled her civic duty. When she soaked. I'm not sure what else we asked her and now she asked in Reno liked it that we us worker she. What do you think I would you feel if he becomes justice Brent Cavanaugh. EO. I think Gobi Desert plain American system I'm already. Picnic at around. Lending we can probably all agree on is this is not Apple's. And Shiites. In the fact that there. Wasn't. At BI investigation opened. As important. That we can't all be. Tax gap in France and and it really out to sort of ease it sneeze at yesterday with the Russian. In a mighty good reality he is not conference governance. Republicans seemed just. Paint the picture that the Democrats are taking advantage of doctor Christine Ford does she feel that my. Now. All right Samantha Geary a friend of doctor Ford in the hearing room yesterday thank you for joining us today thanks for checking in over the last couple a couple of days it's been very. Very very worthwhile for all of us I think to hear this perspective we appreciate your time. Thank you very happy at. And Terry Moran I want a I want to look back over to you to it to. To give your sense of how yesterday plea because it was an extraordinary day we we talk about days where things unexpected happens new things. Happened but to have that back to back testimony quite emotional on the part of perceive Ozzie for an emotional. On the part of wreck happened off the country experience something a lot of people tuned in. What's your sense of what how how things stand out when he four hours. Well it's a moment isn't that I I've I'm old enough that covered the cars Thomas Anita Hill hearings because you're more clueless. About these issues than men and and and many women not not not all women of course but. But I think that if there were it door closed about a there was a different attitude about how people handle them. And the fact that did Anita Hill came forward and spoke what she said was you know a hostile work environment created by sexual harassment. And she's spoken to the United States have a lot of people did not do with that today people do millions of people do know what to do with that and it's to stop. And reckon with it and hold people accountable for that's what that means two moment is all about. And I just think this is an irresistible force one of the reasons I think we saw president trump so complimentary. Of doctor board after he. Richter previously and in tweets is that. He's got his people coming to him saying boss we are going to get clobbered in the mid terms if we are seeing. To be ignoring or shot to inside this person who has come forward with it a credible accusation like this and it may be that the best thing at this point. President trump or bluntly as he just didn't denied this but that the bases now riled up by the anger and the rage. Judge Cavanaugh who says he is a man falsely accuse. But if if he were to fail somehow. Why then present term could have taken needed to eat at the base riled up but he wouldn't have. All the anger directed at the people who would be angry about a justice cabinet. All right Terry Moran covers this report for us at ABC we appreciate you join us here this afternoon. One at wanna check in briefly. Two with with Ben Siegel up on Capitol Hill this stuff couple hundred feet away from us the roaming the halls of congress. All dates and at what what is the latest on. What the fleet coalition looks like how solid that is and we have any update at all on when we might expect votes. On the senate floor. Rick we're seeing some Republican senator trickle out of this meeting. With members of the Judiciary Committee leadership overseeing the tentative outline. What this flick agreement. John corps and the number two senate Republican came out and told reporters. That the senate will be in tomorrow and appears like there will be a motion to proceed coach Mora basically that means that approach to advance. This nomination. They're all. Via an agreement to have. Some sort of supplement a background check as well. Through the FBI so what we could see it that day potentially assuming this goes according to planned hands down. And end and that keeps moving we could possibly still be a confirmation vote next week. And on judge Kavanagh so they're they're basically they've made an agreement that allowed everybody to save face they have not stopped the clock on the Kavanagh. Jeff flake is also. You know helped to slow descent it helps to release cool some of the partisan tensions right here for a little bit. Sort of take some more time to mull over. And I think another point that's important to make here is that plague in doing that it's also very clever tactical move. Because an engine connect guessing that the that the demands from Democrats Byrd FBI investigation. These potentially and not what inoculated Republicans from the primary criticism that Democrats that they didn't do their due georgians and looking into Brett cap on. It is potentially a bit if this FBI investigation comes back. And they find nothing that enough that it be here there's there's nothing conclusive presented. And like other Republicans can say he the FBI looked incident but now they're Turk. I think that's fair adding that something that we've heard legal analysts talk about for the last week that in theory. An FBI investigation has the potential to help all parties. You indeed in of course the full presents concerts and pull trigger on this at BI investigation and that's really wants it sounds like he's willing to go about as you know. Get an evening between a morning tweet that shows a change in in mind that may now be going along for the ride. Maybe should a nicer to some of the plate for all those of all those many. We want to close today with a pretty extraordinary moment that happened I just a few hours ago at the capitol there was waiting a senator Jeff flake he we knew he was the key vote on the committee today. And he came out moments before the committee when it is session to announce that he intended to support. Greg Cavanaugh C nomination but. As he was making is way to the senate floor take a look at a little what transpired he was held up. On his way the elevator on his way to the vote online TV unlikely. Courage to get nominated there. And ABC who lives like. I'm an opportunity to talk to Anna Maria Sheila. A little while ago about her decision to confront senator flake like that and to crystallize. A lot of the emotion that is surrounded this and that direct conversation with the United States and this is a little which he had to say. I I went separate topic because I think prepared to act don't mind who sometimes like to look that he hit conscience met over his party. And I eighty odd act may be he was the person that could. Big Mac and add Longar better trust says. Instead of just jamming. Brett cabinet nominations through allegedly shaken me comedienne that Bennett. And Tara and Mary Alice that was a pretty powerful moment. Represented a democracy we talked so much about the power of the senators on this committee but the fact that in individual citizen had this meaningful interaction with the center there at this key moment. Less risky Milford. Play he's not running for reelection in fact he wouldn't lean in his district. And while he did take a political risk a Catholic political risk one that is actually this. Six and space for for other. More portable Republicans. Lets you know let's also acknowledge that he is not running again for election. And I wish Austin knowledge that that something about element phone and her story reminds us that. What happened this week is much bigger than the halls of congress it is felt like that since the beginning. It's been. Another moment in a year along need to move me I've cultural shift in the country. And there are victims of sexual assaults and friends of victims of sexual assault and it and watching what happens here. And not concerned necessarily our prime nearly. With whether or not one guy gets confirmed but how the country responds to allegations like. We have been witnessing history all week long it continues and as we go it's the weekend it will. Continue even more all right. Tariff on Mary Mary Alice parks are thanks thanks to you for watching I'm Rick Klein stay tuned all day long at ABC news download the ABC news after. Thank you for watching everything.

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