Kavanaugh Confirmation Kavanaugh confirmation hits major snag after Flake seeks FBI probe Sen. Jeff Flake rattled Republicans after he demanded an FBI probe to look into sexual assault allegations against the nominee.

Brett Kavanaugh’s Supreme Court nomination cleared a key Senate hurdle Friday — before pausing for an FBI investigation into sexual assault allegation against him, forced by a dramatic maneuver from Sen. Jeff Flake (R-Ariz.).

Flake announced his support for President Donald Trump’s high court pick Friday morning, only to say that he wouldn’t “be comfortable” backing a final vote after a dramatic series of closed-door conversations with senators from both parties. The Senate formally took up Kavanaugh’s nomination on Friday, but the judge’s bid immediately thrown into limbo.


After announcing he was on board, Flake said hours later he wanted the FBI to take up to a week to investigate a sexual assault claim against the Supreme Court hopeful. The apparent reversal stunned the Capitol, and gave at least fleeting hope to liberals that Kavanaugh’s confirmation is not a fait accompli.

“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,” Flake told fellow members of the Judiciary Committee, which later voted to advance Kavanaugh’s nomination to the full Senate.

Trump on Friday ordered the FBI to conduct a “supplemental” investigation into the Kavanaugh allegations. That inquiry will last no more than one week, Senate Majority Whip John Cornyn (R-Texas) said.

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Even though the latest head-spinning twist in Kavanaugh’s confirmation fight didn’t stop the nomination from formally coming to the Senate floor, it’s effectively not moving forward until next week. Flake’s maneuver dropped a political land mine in the lap of Majority Leader Mitch McConnell (R-Ky.) and the White House, which now must keep Kavanaugh’s nomination on an already narrow path to approval.

Cornyn said he felt “very positive” about Kavanaugh’s prospects, but Sens. Susan Collins (R-Maine), Lisa Murkowski (R-Alaska), Heidi Heitkamp (D-N.D.) and Joe Manchin (D-W.Va.) — other undecided votes the judge needs for confirmation — all aligned Friday with Flake’s push for an FBI probe.

“We asked the FBI to reopen [Kavanaugh’s background check] and they will put a priority on this, obviously,” Murkowski said Friday. “I’m certain that they will do it just as quickly as they can, and we will move forward from there.”

Flake told fellow senators that “this country is being ripped apart here” before making his move, as national anger flares over Christine Blasey Ford’s sexual assault allegation against Kavanaugh.

Kavanaugh, in a statement Friday, said he’s done “everything” the Senate has asked of him and “will continue to cooperate.” Ford’s attorney, Debra Katz, said Ford welcomed the investigation, adding that “no artificial limits as to time or scope should be imposed on this investigation.”

As he made his way to the hearing room earlier in the day, the Arizonan was confronted by female protesters who asked him how he could support Kavanaugh after Ford’s wrenching testimony of the day before. Flake mostly nodded and stayed silent as the women urged him to not vote for Kavanaugh.

“You have power when so many women are powerless,” one of the women said.

Republicans on the Judiciary Committee later released a statement that the supplemental FBI inquiry "would be limited to current credible allegations against the nominee and must be completed no later than one week from today.” It’s not clear whether Deborah Ramirez or Julie Swetnick, two other women who have made sexual misconduct claims against Kavanaugh, also would see those allegations investigated. The FBI did not return a request for comment on the scope of the “credible” claims it expects to investigate.

Mark Judge, the Kavanaugh friend who, Ford says, was in the room when Kavanaugh tried to force himself on her while both were in high school, sent a statement to the committee Friday agreeing “to cooperate with any law enforcement agency that is assigned to confidentially investigate these allegations.” He also denied any involvement in Swetnick’s allegations, but did not address Ford’s.

Sen. Chris Coons (D-Del.), a close friend of Flake’s, said in an interview that he and the Republican had “a number of conversations” about Kavanaugh following Thursday testimony from both the judge and Ford.

Flake made his move Friday, Coons said, “after having reassurances from some other senators in his party” about his interest in an FBI probe of Ford’s claim.

“Flake is sincere. He would feel better if there was a little more time,” said Sen. Lindsey Graham (R-S.C.), one of Kavanaugh’s stoutest defenders throughout the sexual misconduct scandal facing him. “I don’t question his motives. I’m ready to go [to a vote], but this is called democracy.”

Before Flake’s remarkable move, Kavanaugh’s path to confirmation appeared smoother, if narrower, despite multiple Democrats coming out against him.

Soon after Flake announced his yes vote in the committee, Sen. Joe Donnelly (D-Ind.) said he opposes the nomination. With Kavanaugh still short of 50 votes, that leaves just two moderate Republicans and two moderate Democrats still undecided.

Donnelly called the sexual assault allegation against Kavanaugh “disturbing and credible” and called for an FBI investigation that Republicans are not calling for.

“While I would gladly welcome the opportunity to work with President Trump on a new nominee for this critically important position, if Judge Kavanaugh’s nomination comes before the full Senate for a vote under these circumstances, I will oppose it,” Donnelly said.

The 53-year-old appeals court judge delivered an emotional and defiant defense amid sexual misconduct allegations on Thursday, a showing that successfully rallied many Republicans behind him.

Ford’s testimony nonetheless has begun pushing red- and purple-state Democratic senators off the fence on the nomination. Sens. Doug Jones of Alabama, Bill Nelson of Florida and Jon Tester of Montana all announced their opposition to Kavanaugh in the hours after Ford’s testimony, although the GOP did not consider any Democrat a legitimately swayable vote in the end.

Manchin, one Democrat the GOP is heavily courting, huddled with Flake, Collins, and Murkowski on Thursday night before a private meeting of majority-party senators on the nomination.

GOP leaders were increasingly confident at the beginning of Friday that moderates Collins and Murkowski will come around to Kavanaugh on the floor.

“There are some people who haven't stated their intentions,” said Sen. John Thune of South Dakota, the No. 3 GOP senator. “If this is a process based on facts and evidence and truth, it’s hard to figure how people could come to the conclusion based upon his emphatic denial and the absence of any evidence to the contrary, that he wouldn’t be supported and confirmed.”

The fact that the Senate technically proceeded to the nomination on Friday, however, is a questionable indication of whether Kavanaugh will be confirmed pending the outcome of the FBI’s probe. The agency conducted an abbreviated investigation of Anita Hill’s sexual harassment claims against Clarence Thomas in 1991.

