Supreme court nominee says he would be an ‘open-minded and independent’ justice as Senate vote approaches

The US supreme court nominee Brett Kavanaugh has said he “might have been too emotional” in Senate testimony last week in which he furiously and tearfully denied accusations of sexual assault.

The judge has faced severe criticism over whether he lacks the temperament and independence required for a seat on America’s highest bench following an outburst in which he claimed the allegations were “revenge on behalf of the Clintons”.

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Writing in the Wall Street Journal on Thursday, Kavanaugh argued that his testimony “reflected my overwhelming frustration at being wrongly accused”.

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The 53-year-old judge said: “I was very emotional last Thursday, more so than I have ever been. I might have been too emotional at times. I know that my tone was sharp, and I said a few things I should not have said.”

Kavanaugh also sought to address concerns that his nakedly partisan display, in which he bizarrely challenged Senator Amy Klobuchar over her own drinking habits, should disqualify him from the court.

“The supreme court must never be viewed as a partisan institution,” he wrote in the Journal. “The justices do not sit on opposite sides of an aisle. They do not caucus in separate rooms. As I have said repeatedly, if confirmed to the court, I would be part of a team of nine, committed to deciding cases according to the constitution and laws of the United States. I would always strive to be a team player.

“Going forward, you can count on me to be the same kind of judge and person I have been for my entire 28-year legal career: hardworking, even-keeled, open-minded, independent and dedicated to the constitution and the public good.”

The timing of Kavanaugh’s article may be no coincidence. His fate rests in the hands of three Republican senators who remain undecided on his confirmation.

But rather than releasing an open statement, his choice of outlet raised eyebrows. Owned by Rupert Murdoch, the Wall Street Journal has frequently supported Donald Trump’s agenda. Kavanaugh recently also defended himself on the Murdoch-owned Fox News.

Norm Eisen, a former White House ethics tsar, tweeted: “Yes, Kav’s choice of media outlets screams independence and impartiality. Fox News. The Wall Street Journal editorial page. What’s next, Alex Jones’ Infowars?”

Asha Rangappa, a lawyer and former FBI special agent, posted on Twitter: “What is happening?! Why is someone who is being considered for the supreme court doing cable TV interviews and writing op-eds?? This in itself demonstrates a lack of judicial temperament.”

Facebook Twitter Pinterest Protestor against Brett Kavanaugh outside the supreme court on Thursday. Photograph: Erik S Lesser/EPA

And Laurence Tribe, a constitutional law professor at Harvard University, tweeted: “Even in this sadly desperate and semi-apologetic appeal, Judge Kavanaugh doesn’t acknowledge, let alone withdraw, his implicit threat to get back at the liberal groups he blamed for supposedly conspiring to bring him down.”

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Meanwhile, Trump weighed in again on Kavanaugh’s behalf on Thursday. Speaking at a campaign rally in Minnesota, he praised the judge’s “incredible intellect” and condemned his detractors.

Trump said protesters and “their rage-fueled resistance is starting to backfire at a level nobody has ever seen before. Do we love it? We love it. Because people see what’s happening and they don’t like it.” He was referring to polling that shows some uptick for Republicans heading into the midterm elections.

Kavanaugh’s hopes of confirmation by the Senate surged on Thursday after two wavering senators responded positively to an FBI report on accusations of sexual misconduct against the judge. But Democrats cried foul, noting that those not interviewed in the reopened background investigation included Kavanaugh himself and Christine Blasey Ford, who alleged that he sexually assaulted her at a 1982 high school gathering.

Senator Doug Jones of Alabama told the Guardian he found the FBI report “disappointing” and, based on his long experience as a prosecutor, felt the agency had not been allowed to chase down leads it should have done.