Honoring the legacy of the late Sen. John McCain (R-Az.), retiring Sen. Jeff Flake (R-Az.) played maverick in the Senate Judiciary Committee acquiescing to Democrats’ wish for an FBI investigation. Democrats have done practically everything to block the nomination President Donald Trump’s Supreme Court nominee, former D.C. Circuit Court Judge Brett Kavanaugh. Ranking member Sen. Diane Feinstein (D-Calif.) threw a monkey wrench into GOP’s confirmation plans, divulging a secret letter from Christine Blasey-Ford Aug. 30 claiming Kavanaugh sexually assaulted her in 1982 when she was 15-years-of-age at a party in suburban Maryland. After Blasey-Ford testified yesterday in the Senate Judiciary Committee, Democrats demanded a more complete FBI background check of allegations of lewd conduct and sexual assault, something Flake demanded today.
Flake threw the GOP for a loop, especially after he agreed to back Kavanaugh’s nomination in the Judiciary Committee. Retiring from the Senate in January, Flake played maverick in McCain’s best tradition, crossing party lines to buck conventional GOP thinking. Republicans in the Judiciary Committee voted 11-10 today to advance Kavanugh for a vote in the full Senate. Yet Flake decided there’s no harm in waiting a week to let the FBI investigate Blasey-Ford’s allegation that she was sexually assaulted by a 17-year-old Kavanaugh while in high school, 36 years ago. With the Senate conducting its own investigation, it’s doubtful the FBI will turn up anything new in the next week, paving the way for the floor vote. Democrats celebrated the victory, getting a one-week reprieve on Kavanaugh’s vote. Democrats couldn’t fathom not letting the FBI investigate Blasey-Ford’s charges.
Senate Majority Leader Mitch McConnell (R-Ky.), responsible for getting Kavanaugh approved in the full Senate, lacked the votes for confirmation. Flake’s move to let the FBI spend one-week to more to vet some of Blasey-Ford’s testimony, actually helps Kavanaugh get swing-voting Republicans, Sen. Lisa Murkowski (R-Alaska) and Sen. Susan Collins (R-Maine), to come on board. Both were leaning against Kavanaugh’s, until he testified forcefully in the Judiciary Committee yesterday, following Blasey-Ford. Both witnesses told opposite stories: Blasey-Ford one of sexual assault, Kavanaugh one of total denial. Maybe the FBI can shed some light on what looks, at least today, like uncorroborated allegations by Blasey-Ford. Democrats willingness of accept all of Blasey-Ford’s testimony, denying Kavanuagh the “presumption of innocence,” speaks volumes about the partisan hearing.
Handing the dirty work to the FBI should help Kavanaugh mitigate lingering doubts from Blasey-Ford’s and others’ allegations of sexual misconduct. “I’ve ordered the FBI to conduct a supplemental investigation to update Judge Kavanaugh’s file,” said Trump. “As the Senate has requested, this update must be limited in scope and complete in less than one week,” antagonizing Democrats on the Judiciary Committee. Senators like Patrick Leahy (D-Vt.), Richard Blumenthal (D-Conn.) and Richard Durbin (D-Ill.), all want the vote delayed indefinitely. Their real reason for opposing Kavanaugh has to do with his views on abortion, civil and gay rights, executive power, and, most of all, Roe v. Wade, a women’s right to choose abortion. Democrats don’t disguise their disgust for Kavanaugh, not because of Blasey-Ford’s allegations but because he’s against today’s progressive agenda.
If the FBI completes its investigation, essentially clearing Kavanaugh, it’s going to be a slam-dunk to get him confirmed by at least one vote. Murkowski and Collins need the FBI’s clearance to move forward with Kravanaugh without repercussions from their constituents, most of whom don’t support the nomination. Yet with FBI clearance, it’ll makes it a lot easier for Collins, Murkowski and maybe some Democrat senators like Joe Manchin (D-W. Va.) to back Kavanaugh. “I think it would be proper to delay the floor vote for up, but not more than, one week in order for the the FBI to do an investigation limited in time and scope,” said Flake, surprising his GOP colleagues. But with so many Democrats calling for an FBI investigation, it was a logical next step in getting Kavanaugh over the line, unless something turns up to cause more concern for his confirmation.
Flake honored McCain today playing Maverick in the U.S. Senate, bucking conventional wisdom to do the right thing. With Blasey-Ford’s testimony still fresh in peoples’ minds, saying she was 100% certain Kavanaugh assaulted her 36 years ago, the FBI probe can only help allay doubts. With Flake calling for the one-week FBI probe, it’s doubtful McConnell could have guaranteed the needed votes for Kavanaugh’s confirmation. Trump’s more diplomatic tone indicates that he’s resolved to the one-week hiatus before the final Senate floor vote. “I just want it to work out well for the country,” said Trump, dumbfounding the press, usually pouncing on Trump’s statements. If the FBI completes its work with no surprises, fence-sitters like Murkowski and Collins are likely to vote for Kavanaugh, getting him over the hump. Flake leaves the Senate knowing he honored McCain.
