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Kavanaugh passes procedural vote, confirmation awaits

by Harvest Prude
Posted 9/28/18, 07:06 pm

UPDATE: Republicans pushed Brett Kavanaugh’s Supreme Court nomination past a procedural hurdle Friday, but the vote on his confirmation remains delayed until the FBI investigates the allegations of sexual misconduct against him. Senate Majority Leader Mitch McConnell, R-Ky., said Friday that all 51 Republican senators supported a motion to proceed with Kavanaugh’s nomination after a tumultuous day on Capitol Hill. The motion was approved by voice late in the day.

UPDATE (5:38 p.m.): President Donald Trump announced late Friday afternoon that he has ordered the FBI to conduct a supplemental investigation into the background of Supreme Court nominee Brett Kavanaugh. “As the Senate has requested, this update must be limited in scope and completed in less than one week,” the president said in a statement.

OUR EARLIER REPORT (4:11 p.m.): WASHINGTON—The Senate Judiciary Committee advanced Supreme Court nominee Brett Kavanaugh to the next step of the confirmation process on Friday but not without raising the likelihood of an FBI investigation before the entire Senate votes on approval.

The committee vote, originally scheduled for 1:30 p.m., suffered a 15-minute delay as nearly all of the senators deserted their seats to congregate in a back room. After returning from negotiations, key swing vote Sen. Jeff Flake, R-Ariz., announced he would vote yes, but on the condition that the full Senate floor vote would be delayed for a weeklong FBI investigation into the sexual assault accusations against Kavanaugh. Sen. John Cornyn of Texas, the No. 2 GOP leader, confirmed to reporters that the Senate would allow up to a week for such an investigation before voting.

Flake, who had indicated ahead of Friday’s proceedings he would vote yes, showed signs of reconsidering after he declined to give a statement and later went to the back room with Sen. Chris Coons, D-Del.

The Senate Judiciary Committee eventually voted 11-10 along party lines to recommend Kavanaugh to the full Senate.

In a news conference after the vote, Coons told reporters Flake’s demand for an investigation resulted from “a number of conversations.” He called the move important not only to look into the accusations, but also “to show the American people … we are able to work with each other.”

Partisan wrangling marked the majority of Friday’s committee meeting. Soon after the meeting begin around 9:30 a.m., the committee voted along party lines to set a time for the vote, leading Democratic Sens. Kamala Harris of California, Mazie Hirono of Hawaii, Sheldon Whitehouse of Rhode Island, and Richard Blumenthal of Connecticut to walk out of the room in protest. At a news conference outside the committee meeting room they denied they had coordinated the move.

Throughout the day, senators continued to lodge familiar concerns along partisan lines: Republicans decried the timing of the sexual assault accusations against Kavanaugh, while Democrats continued to ask for an FBI investigation or testimony from alleged witness Mark Judge, who reportedly has said he would cooperate with an investigation, provided it was “confidential.” Democrats also brought new ammunition to the proceedings: The American Bar Association sent a letter to the committee urging it not to vote until the FBI conducted “an appropriate background check into allegations,” saying it made the request out of “respect for the law and due process.”

The ultimate authority to reopen an FBI investigation rests with President Donald Trump. When questioned by reporters, the president said he would rely on the Senate: “That will be a decision they are going to make and I suspect they will be making some decision soon.”

The call for an FBI investigation threw a grenade into Republican leadership plans to move toward a Senate floor vote. Undecided Sen. Lisa Murkowski, R-Alaska, told reporters she backed Flake’s request, increasing the odds Majority Leader Mitch McConnell, R-Ky., lacks the votes needed to secure Kavanaugh’s confirmation.

Friday morning, other undecided senators announced their stances: Red state Democratic Sens. Joe Donnelly of Indiana, Doug Jones of Alabama, and Bill Nelson of Florida announced their opposition. Sen. Bob Corker, R-Tenn., announced he would support Kavanaugh.

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Harvest Prude

Harvest is a reporter for WORLD based in Washington, D.C.

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    Posted: Fri, 09/28/2018 05:11 pm

    Makes you wonder if Chris Coons threatened Flake with the same treatment the Dems are giving Kavanaugh. Flake should be forthcoming about what Coons said to him in private which made him change his mind, and why he has changed it again. 

    The FBI said they weren't going to investigate. So now we have the left-wing FBI investigating a person who won't swear under oath that Kavanaugh did it, but the whole thing can be investigated? Delay tactics, put forth by Flake via Coons? The games in the swamp. Flake appears to vote yes, but delays the vote. By delaying maybe Coons and his buddies have some other friends who might be willing to come forward about what they "remember" about Kavanaugh.

  • KW
    Posted: Fri, 09/28/2018 05:29 pm

    All considered, this investigation could be good.   Democrats have nowhere to go if the investigation clears Kavanaugh, other than to hypocrisy.   This was what Dems asked for.  

    And if Kavanaugh lied, the situation rightly changes. 

  • Big Jim
    Posted: Fri, 09/28/2018 06:58 pm


    This has NOTHING to do with an investigation. This is all about delaying past the midterms when Democrats expect to recapture the Senate and will thus stonewall ANY nominee that is even remotely conservative for as long as they hold power. I will guarantee you that other "allegations" will surface during the investigation, leading to cries for further delay and more investigations. Makes me wonder how they got Flake to agree. I'm thinking, since he's leaving the Senate, maybe they got one of their rich Silicon Valley buddies to offer him a lifetime seat on the Board of Directors of a tech company - for a cool million dollars a year in compensation.

    Posted: Fri, 09/28/2018 05:49 pm

    "testimony from alleged witness Mark Judge, who reportedly has said he would cooperate with an investigation, provided it was “confidential.'"

    What does that mean? Was Judge there, but not Kavanaugh? Was it Smyth?

  • DAD
    Posted: Sat, 09/29/2018 12:27 pm


    Why Another FBI Investigation of Kavanaugh Would Be Pointless Thomas Jipping, Heritage Foundation, September 28, 2018

    Campaigns of whatever sort often adopt a mantra, a phrase, or even a single word that’s repeated over and over to advance the campaign’s goals. The campaign against Supreme Court nominee Brett Kavanaugh is no different, and its latest mantra is “FBI investigation.” Let’s look at this mantra’s objectives and its validity. The call for another FBI investigation, which dominated the Sept. 27 hearing about Dr. Christine Blasey Ford’s sexual assault allegation against Kavanaugh, appears to have multiple partisan objectives, based on statements made by those opposed to his confirmation. First, Kavanaugh’s opponents have expressed hope that the continued controversy will help defeat the nomination. Barring that, they have indicated that they want to drag the process out at least past Election Day. Third, according to Sen. Mazie Hirono, D-Hawaii, Democrats would keep this seat open until President Donald Trump leaves office if they win control of the Senate in the upcoming election. This demand for another FBI investigation is not valid and is based on a complete misunderstanding of the bureau’s role. First, Kavanaugh’s opponents want people to think that the FBI is on standby, ready to run down all the leads and figure out what really happened. That may be what a law enforcement agency does in the criminal justice system—…….—BUT not in the confirmation process. The DISTINCTION between the criminal justice system and the confirmation process IS CRITICAL. The FBI is in the executive branch, which has authority over the criminal justice system. The confirmation process, however, occurs in the legislative branch. The Constitution gives the Senate sole responsibility for evaluating presidential nominees. In the criminal justice system, the FBI investigates by not only gathering information but evaluating it, making judgments about the credibility of witnesses or the truth of what they say, pursuing leads, and offering conclusions or even recommendations. In other words, they figure out what really happened. In the confirmation process, the FBI gathers information and stops there. The Senate must do the rest. In fact, as CBS News recently described it, the FBI “conducts a background check at the request of the White House, mainly to determine whether the nominee would pose a risk to national security interests of the United States, according to the Justice Department.” That has already been done. It’s worth noting that this “full-field” FBI investigation has been conducted every time Kavanaugh was hired or appointed to a significant government position. Six times between 1993 and 2018, the FBI went talking to people about Kavanaugh. SIX TIMES all after the incident that Ford alleges, the FBI never heard anyone even whisper a word about sexual misconduct. Kavanaugh’s opponents not only want people to think that the FBI has a criminal justice role in the confirmation process, but they mislead people to think that if the FBI does not jump in, there will be no investigation of Ford’s allegation. OPPOSITON TO THE JUDICIARY ARE INCORRECT, WRONG. THE PEOPLE ACTUALLY RESPONSIBLE FOR INVESTIGATNIG THESE ALLEGATIONS ARE THE JUDICIARY COMMITTEE ITSELF. The people actually responsible for investigating these allegations are the Judiciary Committee’s own investigative staff and they have been hard at work for nearly two weeks. The list of steps they have taken is nearly six pages long.

  • Cyborg3's picture
    Posted: Sat, 09/29/2018 03:39 pm

    Here I want to state that the attack against Kavanaugh is by the same people who attacked Judge Roy Moore - Soros and his funded organizations. I challenge “World Magazine” to investigate this. At the time of the Roy Moore attack, I defended him due to the many baseless charges, the over 40 year old nature of the allegations, the character of the women giving the charges, and Roy Moore’s character- he never had an allegation of sexual impropriety before. Rather than defending the man, most Christians, hardly even did a critical look at the accusations, but abandoned the guy and he lost the race bringing another Democrat to the Senate! This is the very same Senate which we find ourselves deadlocked for the confirmation of Kavanaugh!  We are having to delay again, partly because Roy Moore isn’t there! At the time when Christians and other backers bailed on Judge Moore, I predicted that we would only see more of these false allegations because they were effective at taking a qualified man, trashing his reputation, ruining him and getting the Democrats the power they crave!  When we Christians fail to think critically with wisdom we are effectively handing over our country to Satan! May God forgive us! 

  •  austinbeartux's picture
    Posted: Mon, 10/01/2018 08:17 am

    What if the Democrats succeed in their circus-like, chaos-filled, anarchy-like, #MeToo ruse and crush the Kavanaugh confirmation with their smear campaign and he's NOT confirmed?  I honestly think some Americans will be so disgusted with what has become of the Democrats that I fear violence will occur.  Similar to how the Democrats became unhinged that Trump won office, e.g. the Democrat who literally shot a Republican Congressman as he played in a baseball game.  I hope no one from the Conservative side does something similar.