WASHINGTON – The White House has ordered the FBI to conduct a week-long investigation into the allegations against Judge Brett Kavanaugh. The decision means a final vote on his nomination before the Senate will only take place next week, after the investigation is concluded.
The Senate Judiciary Committee had advanced U.S. President Donald Trump's nomination of Brett Kavanaugh on Friday along party lines, but Republican Senator Jeff Flake of Arizona called to open an FBI investigation into the allegations against Kavanaugh before holding a final vote on the Senate floor.
Senator Lisa Murkowski, a Republican from Alaska, joined Flake’s call for an FBI investigation before a final vote on the nomination. Her statement increased the pressure on the Republican leadership to allow a delay and open an investigation.
Following Flake and Murkowski's call, the U.S. Senate Judiciary Committee on Friday said it would ask Trump's administration to conduct an additional FBI background investigation into Kavanaugh.
In a statement, the committee said the supplemental investigation would be limited to "current credible allegations" and must be completed in one week.
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Flake's dramatic intervention means a final Senate vote on the nomination could be delayed for up to a week so that the possible FBI investigation can be completed, if Republican Senate leaders agree to his demand. Democrats have called for an FBI probe, but Republicans had opposed the move.
The committee, with tempers flaring on both sides, met the day after a jarring and emotional hearing into sexual misconduct allegations against Kavanaugh that gripped the country, with a university professor named Christine Blasey Ford accusing him of sexual misconduct. Kavanaugh denied the accusation.
"This country's being ripped apart here," Flake, with a pained look on his face, told his fellow senators. "... I think we can have a short pause," Flake added.
"We ought to do what we can to make sure that we do all due diligence with a nomination this important," Flake added.
Senate Majority Leader Mitch McConnell's office had no immediate comment. The committee moved to advance the nomination 11-10 on party lines, with Trump's fellow Republicans voting yes and Democrats voting no.
"All I've said to Senator Flake is I would advocate for the position he took but I don't control that," said Senator Chuck Grassley, the Republican chairman of the committee.
Just before the scheduled vote in the Judiciary Committee, Flake left the committee room to talk to some Democrats, adding new turmoil to the proceedings. During the delay, senators and aides could be seen in the committee room having hushed conversations, with some going back and forth to an anteroom of the committee chamber.
Earlier in the day Flake, who had previously raised concerns about the allegations against Kavanaugh, said Ford gave "compelling testimony" but Kavanaugh provided "a persuasive response."
Soon after Flake made his announcement that he would vote for Kavanaugh in the committee, the senator was confronted in an elevator while on his way to the committee meeting by two protesters who said they were sexual assault survivors.
"That's what you're telling all women in America - that they don't matter, they should just keep it to themselves," one of the protesters shouted at Flake in an exchange aired by CNN.
"I need to go to my hearing. I've issued my statement," Flake said.
The full Senate must confirm Supreme Court appointments.
One Republican, Senator John Kennedy, called Kavanaugh's confirmation process "an intergalactic freak show."
As the committee, with 11 Republicans and 10 Democrats, set its vote, some Democrats left the room in protest. "What a railroad job," Democratic Senator Mazie Hirono said.
It remained unclear if Republicans have the votes to confirm Kavanaugh on the Senate floor. Republicans hold a slim Senate 51-49 majority, making the votes of two other so-far undecided Republican moderates crucial: Lisa Murkowski and Susan Collins.
Grassley said he found Thursday's testimony from both Ford and Kavanaugh "credible," but added, "There's simply no reason to deny Judge Kavanaugh a seat on the Supreme Court on the basis of evidence presented to us."
The timing of the panel's session gave committee members little time to review Thursday's extraordinary testimony from Kavanaugh and Ford, who accused him of sexually assaulting her when they were high school students in 1982. Kavanaugh forcefully denied the accusations and accused Democrats of a "calculated and orchestrated political hit."
Senator Dianne Feinstein, the committee's senior Democrat, called Kavanaugh's remarks unseemly for a judicial nominee.
"This was someone who was aggressive and belligerent. I have never seen someone who wants to be elevated to the highest court in the country behave in that manner. In stark contrast, the person who testified yesterday and demonstrated a balanced temperament was Dr. Ford," Feinstein said.
Another Democrat, Amy Klobuchar, noted that Grassley had thanked Ford for her bravery but nevertheless failed to back any further investigation.
"Where is the bravery in this room?" Klobuchar asked.