Senate Majority Leader Mitch McConnell has subtly tweaked his language on the Kavanaugh nomination, and is no longer vowing to “plow right through” and confirm the nominee. | M. Scott Mahaskey/POLITICO Kavanaugh Confirmation McConnell tweaks strategy for Kavanaugh confirmation The Senate majority leader is aiming his message at three undecided Republicans.

As the FBI rushes to finish an investigation into sexual abuse allegations against Supreme Court nominee Brett Kavanaugh, Senate Majority Leader Mitch McConnell is concentrating all his efforts on the "Gang of Three."

McConnell’s focus right now is entirely on the triumvirate of GOP Sens. Susan Collins of Maine, Lisa Murkowski of Alaska and Jeff Flake of Arizona. McConnell needs two out of the three to back Kavanaugh in order for the nomination to succeed, and he is walking a fine line in addressing their concerns while continuing to press toward a final Senate vote.


McConnell has subtly tweaked his language on the Kavanaugh nomination. He’s no longer vowing to “plow right through” and confirm Kavanaugh, as he was just last week, crafting his message instead to appeal to the three Republicans who remain on the fence.

The Kentucky Republican is currently planning a move to end debate on the nomination by midweek, forcing a critical procedural vote as early as Friday, which would set up a final vote on Kavanaugh early next week. But that timetable means the FBI investigation must be complete by Wednesday, and that’s where the situation becomes dicey for McConnell. The Senate will not want to vote until the FBI report is completed, according to an agreement reached by undecided senators and GOP leaders.

If the FBI doesn’t meet that Wednesday deadline, McConnell and Senate GOP leaders are likely to wait until the FBI report arrives before moving to end debate and starting the countdown clock on Kavanaugh, if only to avoid alienating the Collins-Murkowski-Flake group, according to GOP senators. That could delay the confirmation since Democrats are likely to use their procedural leverage to string out any Kavanaugh vote as long as they can.

Senate Republicans believe that if the FBI investigation shows no new information, it will quickly lead to Kavanaugh’s confirmation, according to two GOP officials. But they also acknowledge there’s some risk in handing off an investigation to the FBI, particularly if there are discrepancies between Kavanaugh’s testimony and witness interviews conducted by federal agents.

McConnell’s deputies were coy on whether the Kentucky Republican would move to end debate before the FBI probe is completed.

“People need to understand that we’ve done what’s asked,” said Senate Majority Whip John Cornyn (R-Texas). “We’ve asked [Flake, Collins and Murkowski] what they need, and this is what they said, so my assumption is once they’re satisfied with the results of the supplemental investigation, they’ll be satisfied to go ahead and vote.”

In the meantime, McConnell’s public messaging is partisan, but steers away from heavy-handed rhetoric guaranteeing Kavanaugh’s confirmation. That’s because McConnell’s audience of undecided senators wants to hear deliberative and careful rhetoric down the homestretch. And if the FBI investigation proceeds in a comprehensive manner, top Republicans are convinced the votes will be there for Kavanaugh in the end, no matter what has gone on until then. They point out that Flake’s bias is toward confirming Kavanaugh, while Collins and Murkowski remain gettable.

“They were key in negotiating what that kind of process would look like, and as long as [the FBI] follows the contours of what they wanted to see done, then yeah,” said John Thune of South Dakota, the No. 3 GOP senator.

Some in the GOP think the extra investigation is unnecessary.

“It’s a ridiculous thing after all the things he’s been through. I think it’s overkill,” said Sen. Orrin Hatch of Utah.

Yet McConnell knows he cannot force his three undecided senators into a vote before they’re ready. So he must keep the nomination on track in order to keep the pressure on them to decide at all. The key for McConnell is to judge precisely what that acceptable level of pressure is.

And President Donald Trump didn’t do McConnell any favors on Monday, when he told reporters that he was willing to allow the FBI to interview anyone it wanted to as part of the probe. White House counsel Don McGahn and Senate GOP leaders had sought to limit the questioning to Christine Blasey Ford, alleged witnesses at the high school party that Ford has cited and Deborah Ramirez, who had alleged sexual misconduct by Kavanaugh in college. Kavanaugh has strongly denied the claims by both women.

Trump has given his blessing for the FBI to interview Julie Swetnick, who accused Kavanaugh and high school friend Mark Judge of being present during numerous gang rapes. Kavanaugh has dismissed Swetnick’s claim as “a joke” and “a farce.”

Collins’ office made clear on Monday, however, that the Maine Republican wants to see Swetnick’s claim investigated, even though McConnell’s office has circulated a press release raising questions about her credibility.

Annie Clark, the Maine Republican’s spokeswoman said Collins, Flake and Murkowski “advocated for the additional background investigation because she believed that it could help the senators evaluate the claims that have been brought to the Judiciary Committee,” according to the Portland Press Herald. “That would include the allegations that were brought by Julie Swetnick.”

Collins herself was noncommittal on Monday, telling reporters she was satisfied with the direction of the FBI investigation.

"Let me just say that based on an extensive conversation that I've had with the White House counsel, that I'm confident that the FBI is doing a thorough investigation and it will be helpful to us as we make our decision," Collins said.

McConnell, though, had his own subtle message for Collins. During remarks on the floor discussing the Kavanaugh nomination — and promising a vote this week — McConnell went out of his way to praise Margaret Chase Smith, a former Maine Republican whom Collins greatly admires.

“Back during the McCarthy era in 1950, character assassination and uncorroborated allegations were being utilized in a very different debate in that era,” McConnell said. “That’s when a distinguished senator from Maine named Margaret Chase Smith — an icon from the great state of our colleague Sen. Collins — took to the Senate floor to say enough was enough.”

As for Flake, he made a stop in New Hampshire, where he discussed the 2020 presidential race and a possible run for the White House.

Flake also said he didn’t want an investigation merely as “cover” to confirm Kavanaugh.

“We certainly want the FBI to do a real investigation and we are working to make sure that that happens,” Flake said. “I’ve had discussions, many yesterday with my colleagues, and with the White House counsel’s office. My staff is following up as well.”