GOP leaders agree to FBI probe of Kavanaugh, delaying Senate vote

WASHINGTON — Republicans put the Supreme Court confirmation of Judge Brett Kavanaugh on hold Friday following a whirlwind day of backroom negotiations triggered by Arizona Sen. Jeff Flake’s demand for a limited FBI investigation into allegations of past sexual misconduct by the nominee.

Senate Majority Leader Mitch McConnell, R-Ky., agreed to the demand by Flake and fellow Republican Sen. Lisa Murkowski of Alaska, both crucial votes needed by the GOP to confirm Kavanaugh.

In an effort to save his nominee, President Donald Trump ordered the FBI to conduct the probe.

“I’ve ordered the FBI to conduct a supplemental investigation to update Judge Kavanaugh’s file. As the Senate has requested, this update must be limited in scope and completed in less than one week,” Trump said in a statement.

For his part, Kavanaugh said he would continue to cooperate with the FBI and the Senate.

“I’ve done everything they have requested and will continue to cooperate,” Kavanaugh said in a statement released by the White House.

The seesaw developments began with Flake, who announced his support for Kavanaugh early Friday but backtracked hours later and asked for a delay and an investigation.

“This country is being ripped apart,” Flake said moments before a Senate Judiciary Committee vote to advance the nomination to the full Senate. “I think we need to do due diligence.”

The committee vote to advance the nomination passed on a straight party-line vote, 11-10.

Flake had announced his support for the nomination following a daylong hearing where Christine Blasey Ford testified under oath that Kavanaugh had sexually assaulted her at a house party in Maryland when the two were teenagers more than three decades ago.

Kavanaugh denied that allegation in emotional testimony before the committee and accused Democrats on the panel of waging a smear campaign to scuttle his nomination.

Encounter in elevator

It appeared Kavanaugh’s testimony had shored up Republican support on the panel to move forward.

But just hours before the committee met Friday, Flake was verbally scolded in a Senate building elevator by two women who claimed they were victims of sexual assault. The incident was captured by CNN.

Flake appeared later at the committee room and sat silent.

During the committee meeting, Flake left the room with Sen. Dianne Feinstein, D-Calif., the ranking Democrat, and Sen. Chris Coons, D-Del., who has worked with Flake on bipartisan legislation.

Coons said the discussion focused on an FBI investigation, which Democrats sought.

Feinstein had argued it was unfair “to ignore what we’ve heard and move forward immediately.”

“The entire country is watching now how we handle these allegations,” she said.

Coons said Republican colleagues tried feverishly to talk Flake out of any negotiation with Democrats that would delay the confirmation vote.

But Flake agreed to vote to advance the Kavanaugh nomination to the full Senate on condition that the FBI investigate the allegation made by Ford. He said his vote on final confirmation would be determined by that.

In addition to Murkowski, Flake was supported by Sen. Susan Collins, R-Maine, and Sen. Joe Manchin, a West Virginia Democrat running in a state that President Donald Trump won in 2016.

The lawmakers used their leverage to force Republican leadership to agree. Republicans hold a thin 51-49 majority and can afford only one defection if Democrats vote en bloc.

Confirmation in doubt

Although the Senate is expected to proceed on the nomination following a Saturday vote, the outcome of Kavanaugh’s confirmation remains in doubt.

Two other women have come forward with allegations of sexual misconduct, including a Yale University classmate, Deborah Ramirez, who claims a drunken Kavanaugh exposed himself to her at a dorm party.

Another woman, Julie Swetnick, claims Kavanaugh was present at Maryland suburb parties during high school where teenage girls were plied with drugs and alcohol before gang rapes occurred.

Kavanaugh has denied those allegations, and characterized the Swetnick claim as an attempt at character assassination.

The charges, Kavanaugh’s angry admonishment of the Senate and a hearing where Republicans and Democrats leveled personal attacks on one another created a circus-like atmosphere that Sen. John Kennedy, R-La., called an “intergalactic freak show.”

That show included several Democrats walking out of Friday’s committee meeting in opposition to Republicans ramming the nomination forward.

“What a railroad job,” Sen. Mazie Hirono, D-Hawaii, fumed before she stalked out.

About a dozen women Democrats in the House of Representatives sat in the audience section of the Senate committee room.

They stood up in unison to protest the proceedings and were gently ushered out by Capitol Hill police.

Conflicting testimony

Ford, a university research psychologist, testified Thursday that she was “100 percent” certain that Kavanaugh was the teenage boy who assaulted her and tried to rape her three decades ago at a Maryland house party.

In her testimony, Ford claimed that she was attacked by Kavanaugh and his friend, Mark Judge. She said there was “uproarious laughter” among the two boys as the assault took place and she feared for her life.

Kavanaugh, in his testimony, denied the allegation and admonished Democrats on the committee for ruining his good name with unsubstantiated claims. Kavanaugh said he was 100 percent certain he did not sexually assault Ford, or anyone else.

Democrats on the Judiciary Committee pressed Republicans to subpoena Judge to appear before the committee.

Judiciary Committee Chairman Chuck Grassley, R-Iowa, read a sworn statement from Judge to the committee in which he said the attack did not occur.

A motion by Sen. Richard Blumenthal, D-Conn., to issue a subpoena to Judge then died on a 10-11 party-line vote.

The confirmation now swings in the balance and at the fate of moderate Republican and Democratic lawmakers.

Nevada’s two senators, Republican Dean Heller and Democrat Catherine Cortez Masto, have aligned with their respective party leaders. Heller supports the nomination, Cortez Masto is opposed.

“While I am extremely disappointed by the way that Democrats approached the allegations and by the resulting media circus that ensued, I am supportive of the Administration’s decision to request a supplemental FBI background investigation that must be completed one week from today,” Heller said in a statement Friday.

Contact Gary Martin at gmartin@reviewjournal.com or 202-662-7390. Follow @garymartindc on Twitter.