Transcript for SPECIAL REPORT: Sen. Judiciary Hearing votes to advance Kavanaugh's nomination

This is an ABC news special. George Stephanopoulos. Good afternoon coming on air right now because the Senate Judiciary Committee has just gone back into session Shealy chairman Charles Grassley break there they've scheduled to vote. I'm the Kavanagh nomination for 130 we've gone past that deadline. And over the course the last 45 minutes or so. Several Democrats have been seen walking in into the back from the ante room of the senate judiciary committee for conversations with Jeff flake. Who had earlier in the day he had been the end decided vote yesterday and the Judiciary Committee early in the day said he was gonna vote yes. I'm judge Kavanagh but there have been discussions going on as we see. Senator flake walked back into the room right now with Democrats for the last. 4515 minutes or so and now chairman Grassley just can't turn back into session. Call on senator flake to speak. Normally we would start to a bowl right now but as a point of personal privilege I would call on senator play. Well thank you. I been speaking with a number of people on the other side we've had conversations ongoing for a while. With regard to the Matt. Making sure that we do due diligence here. And I think it would be. Proper. To delay the floor vote. Four up tuba not more than one week. In order to let the FBI. Continued 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 I will vote to advance the bill. To the floor without understanding. And I I've spoken to a few other members. Who 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 to the chairman has bent over backwards. To do investigations from this committee and to delay. This boat in this committee for a week so that judge for that. That this forward. Doctor Ford could be heard and she was yesterday. So and so that's without agreement I will vote to adapt spill to. Four. Furcal vulnerable just read just 12 can can Diane speak important. Action. When are we voting on that city we're boarding on the motion to report. The nomination to the floor of her group call the roll. Wait that's not. Like mr. chairman let that senator explain. He. That is minors my my understanding and if that is the Democrats to speak to have Chris were or you was talked about before that the Democrats would accept and endorse. They pay you one week I'm. FBI investigation limited in time and scope. So ensure that these are seen since you're the deciding vote here will vote in and if there's any sword discussion will goal do that after the. Boat called oral. This. This. Me I'm. By. I'm. On the nominee. No. I'm the nominee now. I think. And at. The nominate overvotes or chairman Lynn. Yes. Thank you mr. chairman lord in heaven thank my friend and colleague senator flake and thank you. For giving us the time today to have a conversation. I'm a number of my colleagues have asked them for a one week delay in order that there might be an FBI investigation of what allegations are currently. Before this committee. I respect senator flakes views that in his opinion it was best to respect. Your having given doctor Ford the time to be heard yesterday and advance the nominee to the four. I'm but it is my hope that we could work together on a bipartisan basis to diligently pursue an FBI investigation within the next week. Not for the purpose of delay. But for the purpose of investigating further. Either allegations made by doctor Porter others with a goal towards demonstrating a bipartisan commitment to. Diligently investigating these allegations thank you mr. chairman thank you senator flight senator Feinstein. Thank you. I would support that motion. I think we do need this investigation may affect I sort of misunderstood doesn't flake what you were doing I thought it included. A one week investigation. So I would like to support the motion for that investigation. Ms. chairmanship. Will take turns there senator. I love this committee but we're not majority later. Senator flake. Is made clear what it would take him. To be comfortable on a final passage. But it doesn't matter what we say here this of the up to senator. Schumer and senator McConnell so it is completely up to the and I think his examine himself very clear and. But senator us New York senator Leahy. Early vote Cheryl or make sure because this is summer impressive. And I do agree with is sir merry is only that we should have this further investigation. So my understanding is during the week. That is taking. Please. There will be no action on the floor of the United States said. On a on this nomination. Correct. Cannot I cannot say that let me say again I'm not making I can't make that commitment for the leadership. I can only say that I would feel. Only comfortable moving forward on the floor that's all move it out of committee. But I will only be comfortable moving on the floor until the FBI has done more investigation than they have already. It may not take them a week. I understand that some of these witnesses may not want to discuss anything further. But I think we are we owe them due diligence. German G chairman auto just a minute. All I have said to senator flake is that I would advocates for the position he took. But I don't control it. Surrendered mister chairman. Yes senator senator culture mr. chairman there are other senators has well I'm who. May be interested in. This negotiation on the Republican side and there's not really if that agreement hero that's had already that we were voting now it is simply senator flake. Working with all of us to say for the good of the senate and the good of the court. The American people deserve to have. They he backs followed up on and I really appreciate his willingness. To do that and that is what this is about. Isn't simply about and by the way if senator McConnell wants to go forward in light of that and we still have several senators that haven't said how they're voting on this nominee. I actually think this is. Very important what just happened right now so it doesn't have to have an agreement it is one senator who's standing up. Court. Let's try to break down what's happening here. Expressed my appreciation as a place for allowing execution here on the Rudy as well there's some difference of opinion among us as to what exactly the FBI investigation would consist of some of us think the it is been concluded and supplemented by this committee's investigation others disagree with that. But I respect the fact that not only senator flick advocated to give doctor Ford. A chance to appear in front of the committee. Which was the right thing to do but also these allow this process to move forward. Subject to further discussions about what. The FBI may or may not be able to come up with. But certainly she maintains his right to cast his vote yea your day as he sees fit maintains significant leverage. That way but I appreciate his. Its support for full and fair hearing for doctor fort and judge Kevin all. As well as his willingness to allow this go forward circuit. To his his request. Mr. chairman mr. Should be all right thank our Harlem. It's to serve Feinstein then you if I threw the chair could ask a question of senator flight. Does your amendment include. Continuing the investigation during this period of time. If I can respond there is no amendment. I'm simply stating an the discussion that we had between us all those that I would hope. And I think we had some agreement before that. The Democrats who have been. I think justifiably uncomfortable. Moving ahead. Could. Could publicly. In an effort to bring this country together. Say that we would feel better I'm not expecting them to vote yes but not to complain that an FBI investigation has not occurred. And Addai that this what I'm trying to do with this country's been ripped apart here and and we've got here. Make sure that we do Dylan due diligence I think this committee has done a good job. But I do think that we can. Have a short pause. And and make sure that the FBI can investigate. My understanding is that some of us would have to and I'm prepared to do it make a request to the White House to ask the FBI. To do that investigation. It would be short. And limited in scope to the current allegations that have been made. There's Internet but I would just encourage. Democrats who reached talked to before. To endorse that kind of thing that that that we can then move on. Mr. Kermit because the two. You are rule merger. So there you have it right there. And this is in a process that it's been filled with that wide swings you're commotion and political momentum another dramatic twist here. In the senate and Senate Judiciary Committee Jeff flake who had been the deciding vote. The eleventh Republican to give the senate damaged and sent Republicans a majority project Fred Cavanaugh. Inside the can read. I came out this morning said he was voting yes. But after series in negotiations Democrats behind closed doors through the morning appears to have said Melanie try to explain there inside the community. That he will greeted send. The bill to the floor and keep aren't sick years. Senator pricing Grassley. And Leahy as well John. But he appears to spike appears to be saying that he will not vote to let this bill. He passed on the floor and less he can get some agreement for a one week investigation FBI investigation. With the firm deadlines. So they can examine the allegations are already on the table. Unclear. If this is being communicated the senate Republican leader Mitch McConnell. It does appear that there are likely have been some conversation for the other undecided senators Susan Collins of Maine perhaps. Lisa Murkowski of Alaska and also Joseph Manchin and Democrat. Of West Virginia and a sense of how much. His business editor the nation. This situation merited an FBI investigation he made a stand calling for. When it controlled period of time on a controlled number of allegations. I think was the right thing to do and I applaud him for showing this kind of leadership I'd act and act independently went. Senator Clinton visited I don't know Arnold and not go I don't know any other senator's position on the Republican side. Mystery deepens so far. According to Dick Durbin the number two Democrat in the senate Jeff flake is speaking for himself. We have not heard. From senator Susan Collins from senator Lisa Murkowski. Get a break it clearly have been listening intently. All through the testimony yesterday. The day before the test me took the senate floor and implored Americans to pay attention. To both judge Cavanaugh also doctor for and and think about. The personal pain and we're going through what we're doing to this institution spoke again about. Institutions and how this. Delay with a proper investigation. Time it. Could also be good for the institution he appears also. To have been. Hit hard. I protest want to showing them an encounter he had. On the senate floor earlier today. And senate chambers earlier today news trying to actually get to the committee and counter protesters. You take responsibility. For and then he. Someone who I didn't winning didn't take responsibility for his actions and let me think Mark Bowden. I'm woman I. You how I'm somebody going I'm with you could win. In front of the witty well yeah. I court of the country and do it to happen at all ugly. Car that had been done in his country many. No I'm not say what you. And on Clinton no I went. Question or spicy White House next hidden cameras. This is very fluid situation. Right now we don't know what the White House knows what they have agreed to we don't know what senator McConnell the Republican leader knows or what he has agreed to. What we do know right now is that senator Jeff flake Republican of Arizona retiring Republican of Arizona has said. If he wants to work with Democrats on a plan and senator Chris Cummings Democrat of Delaware put on the table yesterday during the hearings calling for a time limited. One week FBI investigation of senator Patrick Leahy. Democrat of Vermont. Christian light he sings on. She's famous for his. And yeah investigation Tuesday that were me. While senator humans and a man. Senator plague have been working together on this. Proper credit where on a number of us have been urging them along. And and but this was kind of a surprise to all of that center flake has expressed. Including in his speech yesterday his concern about the divide in this country. That is being exacerbated. I'm by what's happening here and of course we have been asking over and over again for follow ups on the evidence and so senator plague is basically saying. To his leadership I want to see this additional investigation. Before I'd vote for this nominee and if he is joined by. I'm one or two other Republicans in that require us. I'm then they wouldn't have the ballots and lasting investigation occurred and that is everybody goes. I don't know you'll have to ask them like yeah. Yeah well it is one week. One week is still. But went senator plagued with interest NN and you can do a lot if you have the whole FBI looking at things in one week. Ultimately bring them. Usually talk to senator frank about that but I think you've seen him tippy. Are quite an independent in terms of a lot of the decisions he banks already says and. Ages crowd that he had a very important role to play here as a member of the Kennedy personally helped reactions this is leaving him. Jorge the white house press corps the pool is with the president right now in sight the Oval Office says he's meeting with the that the president of Sheila. And he was just asked about the latest of what is happening on the hill. He said I'm just gonna read you some nose because this is just coming and the president said that he is differing two GOP senators she spoke fondly. About the four testimony. And the quote is of this delay it we just witnessed happen. Whatever they think is necessary so president trump. In a pretty surprise move seems to be deferring to. The GOP the Republican senators on the Judiciary Committee if in fact they had agreed to delay this vote for a week and allow for this FBI's decision. My you can kind of tell us here he's gonna explain process dispute at least a few of them I don't expect him to vote for the guy but. If we asked if he had a look at what's in front of us. No later than a week no longer than a week. And they would say that would be a better process that would be progress in just kind of trying to asbestos. Bring to cash together and vote the best way knows how so I don't know best the agreement I'll get back within. Good thing. I don't know us humble go talk to him right now. You learn that is the big question on the table right now you just heard senator Lindsey Graham say he's gonna go to consult. And senator Mitch McConnell only bring in Mary Bruce our congressional correspondent. As well you know Mary there's been so many twists here illness isn't real surprise. And we don't know yeah what Mitch McConnell is going to do what we do know basically. Is that senator flake. He's basically daring him if you go forward I'm gonna vote no and maybe bring you down if you give me the week that could have some progress. George didn't really an astounding flanked by thunder play keep it essentially daring. Mitch McConnell the leader of port controlled the floor but the leader could essentially ignored his request an attempt to move ahead it. We did vote soon as we know he's eager to do. But look at other Republicans stand with Jeff flake McConnell that we may not have the boats to get have to not confirmed without him. And we were just talking with Lindsey Graham included in a dons the order of Kavanagh nomination and keep it lucky they'll try to digest that he doesn't know what McConnell is gonna do next. Act Cohen asked if you would support this movie laughed and chuckled at the well look. I just a unique safety belt and so the question that it isn't what it's gonna hate is Mitch McConnell willing to give them. Leach and the man in the middle here may also be not only Jeff flake Mary Brewster Chris come as a Democrat. Who first put this idea on the table the seven day FBI investigation on the table yesterday when he was questioning. I judge Kevin on we've just heard from mark. Off air reporter on the hill Trish turner sing in the Koontz. Insisted. That flake only moved after having conversations. And reassurances from other Republican senators that could mean. Senator Susan Collins and Lisa Murkowski. Exactly and open to two other Republican vote that we are watching bill carefully hear it and that's the only way to his plate work that this flick doesn't that the port those other. The wing Republican vote and cryptically of course but that the and so called that it's fascinating to watch the body language playing out in this meeting this morning because we thought Jeff Blake declined to take yap urging defeat in this meeting things go over and ocean decreased community to abandon speaking for quite some time in an ante room off off that this guided its meeting. We're no longer be able could beat them but critics who won the first floated this idea. And I have to say I was speaking with him earlier away from cameras this morning he was walking in right when the news broke about plea. At the end of the court Kavanagh and commune with the pain he was visibly emotional but he couldn't even comment he also is someone who is not known for playing a lot of politics. Going to come is known for reaching across the aisle and mourning and I'm talking to and he was bemoaning what it might have gone to the senate what is done to this committee George Clooney like Keenan. Eight hours the end of the game right now it's gotten so nasty but neither he wanted to speak get a clean hands and hit us with some solution. Libya he does say that flake approach and it had numerous discussions. In recent days we're seeing red senator Richard Blumenthal now Democrat of Connecticut a person makes us listening. I'm not going into all of the conversations taking place. Died that general appeal. Publicly and privately is we need to know the facts this decision is to import. To rush to judgment without an FBI investigation. Pan senator might like has made very clear and I appreciated. That he wants and no more. And he believes this delay is the responsible. Step to take. All that said let me be very blind. Before. We ended I was about to be recognized to make this point and motion. That this FBI investigation has to be real. And penetrating. So that. Truth and facts and evidence are all uncovered this FBI investigation. Cannot be a show horse to race. It must be real. And it must go to the witnesses were likely to produce facts and. And senator Richard Blumenthal right they're Democrat of Connecticut as we said this flu a dramatic situation now on Capitol Hill senator Jeff flake who had already said he wanted to vote for judge Fred Cavanaugh. In the Senate Judiciary Committee. And now appears to have conditioned his final vote. And the idea that there should be some sort of timely and perhaps one week FBI investigation. In the allegations made against judge Kevin of course that have been an idea floated by Democrats. In the day before. It. This is something that he was negotiated would Democrat Chris cones. Of Delaware and talking discussions with other Democrats is unclear how much agreement Helmand by and he has from other Republican leaders although a Cecilia Vega just reported from the White House and were waiting for the tape. Of what the president said exactly. The president. Seems to be deferring to Republican leaders for what ever it will take to get judge Kavanagh threw if it takes a delay of a week. It then then then he is so he is willing to accept that want to bring in Terry Moran. It as well and Terry one of the things I think we're seeing here is. A reaction to the toxic situation it was revealed in that senate hearing room yesterday. At absolutely George the emotions the pain and this cultural moment is cultural wave that this whole. Incident has touched off around the country I think in particular. There were problems for judge Brett Cavanaugh becoming justice Brett Cavanaugh already Elijah Cummings democratic representative who'd become. The that chairman of the house oversight committee said he subpoena mark judge if the Democrats took over. So that is no question a problem. For Brett Cavanaugh if you were to go forty could face in impeachment if these allegations were an anyway substantially by Democrats with subpoena power. And one more thing all this is obviously in part because. One woman. Stepped forward to survivor who began confronting Jeff flake. Followed by other followed by other survivors one person making a difference he was clearly in agony probably helped him. Change his mind just and credible credible testimony even. The chairman of the centage G issue can be history Charles Grassley said she was brave doctor Ford are for coming forward. But of course it. Right now judge camera has the votes in the committee eleven to ten but there appears to be some support now for a delay there is president trump. A speaking earlier we're gonna listen in on how retook the questions. Okay I'm. BI. Well we'll let the senate handle that they'll my decisions and they did you very professional. I'm just hearing a little bit about it because I've been with the president of Chile and we're talking about some very important subjects but. I'm sure if we'll all be very good. I guess the vote was positive but this seems to be the lead. I'll learn more about it as the day goes on I just heard about it because we were together. I thought her testimony was very compelling. And she looks like a very fine woman today. Very fine woman and I thought. It's testimony likewise was. Really something. That 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 he 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 or are we gonna get a vote but. Again I'm I'm here so I'm not out there watching because I can't be and a great respect although maybe we'll go watch together okay we'll watch together. But I think. It will work out very wealth of the country I just want to work out well for the country if that happens I'm happy fun ball we're pleased. That. Not even a little bit. I have no message and they have to do what they think is right. There's no message whatsoever they have to do. What they think is right they have to be comfortable with themselves and I'm sure that's what they are. I'm winner rely on. All of the people including senator Grassley is doing a very did you. That'll be a decision that they're going to make and I suspect. They'll be making some decision soon whether to take a vote or two. Do whatever else that what do I will be totally reliant on what senator Grassley of the group decides to do. Little talk about Venezuela so I was waiting for that question. We will be discussing Venezuela among many other things a lot of interesting things go. The federal Parametric president trump calling don't if forced testimony compelling and credible also standing by his nominee judge Fred Cavanaugh Singh hasn't thought at all about pulling him back but saying. Crucially he's gonna refer to senate leaders on this idea come from senator Jeff flake. That the floor vote on judge Kavanagh should be delayed for about a week so an FBI investigation can be conducted into the allegations. Against him a dramatic move. On Capitol Hill we'll have much more tonight I want is I would David Muir I'm George Stephanopoulos in New York have a good day. This has been a special for me he's.

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