Senate Panel Approves Kavanaugh, but Flake Wants F.B.I Investigation Before Final Vote

[sandensea]

Source: New York Times

The Senate Judiciary Committee voted along party lines on Friday to advance Judge Brett M. Kavanaugh's nomination to the full Senate, but in a dramatic reversal, Senator Jeff Flake of Arizona said he would not support final confirmation until the F.B.I. investigates accusations of sexual assault leveled against Judge Kavanaugh.

Mr. Flake, an Arizona Republican, had said in a statement Friday morning that he would vote to confirm Judge Kavanaugh, President Trump's Supreme Court nominee, less than 24 hours after a remarkable public hearing with a woman accusing him of sexual assault.

But after hushed negotiations with Democrats outside the hearing room, Mr. Flake, who is retiring at the end of the term, chose a different course. His decision threw the nomination into uncertainty just moments before the panel was set to vote.

“I think it would be proper to delay the floor vote for up to but not more than one week in order to let the F.B.I. to do an investigation limited in time and scope to the current allegations that are there,” he said.

Read more: https://www.nytimes.com/2018/09/28/us/politics/brett-kavanaugh-senate-judiciary.html

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Arizona's Jeff Flake: Change of heart, or mere tactics?

[ananda]

1. A week's reprieve.

If we can just get it extended to six weeks, well ...

[sandensea]

2. Knock wood.

Because that's the ticket.

[niyad]

3. wow-- one whole week, and ONLY about Dr. Ford. oh yeah, I am impressed.

[Saviolo]

4. Tweet from The Rude Pundit:

Link to tweet

So Flake came up with a way to ease his conscience and still be a complete tool. Well-done, sir.

He's running cover to give the GOP time to whip the last couple of votes they clearly don't have. If they had them, they'd just vote.

[sandensea]

6. That's what I was afraid of.

Flake has a history of always trying to have it both ways - like his nose.

Still, he may be having bona fide second thoughts about Cavemanaugh. Maybe.

[Saviolo]

9. I have a hard time seeing this as anything by cynical.

They didn't have the votes so they didn't vote. That's the long and the short of it. Flake had already said he would vote to confirm Kavanaugh.

Now he gets to be the "voice of reason" again, despite his voting record. If he voted as well as he spoke out against Trump, he'd actually have some sway.

This is to give an excuse for Ds to vote for Kavanaugh, too:

Link to tweet

"This is Jeff Flake. This is what I actually like about the guy," Lindsey Graham says. "Being very sincere...trying to get some Democrats to buy in. Will a week matter? Some of them said it would..."

Link to tweet

Democratic Senator Joe Donnelly said this morning that he was voting no to the confirmation largely because of the absence of an FBI investigation.

[sandensea]

12. The old GOPee two-step.

You're probably - nay, almost certainly - right.

[Fred Sanders]

11. Not by the looks on the faces of the cowardly lions of the GOP...this is a good thing!

I thank Flake for at least this once, anyone not agreeing can alert me....again.

[sandensea]

13. I hope you're right.

There's reason to be skeptical though.

Flake's like his nose: always trying have it both ways.

[Fred Sanders]

23. Maybe...but he sure has stuck his nose out...I imagine the RW hounds will be sending him

death threats, as we speak.

Have to be careful even giving faint praise.

[sandensea]

24. That's alright. He deserves faint praise.

See? There's a little more right there.

[Fred Sanders]

25. Faint, conditional praise...are we all agreed?

[sandensea]

42. If he ends up voting against Cavemanaugh, all is forgiven.

[Saviolo]

16. I think it may not shake out the way Flake is hoping it will.

A lot can happen in a week. This may put enough pressure on Kavanaugh to withdraw, even. But if something like that happens, I think it's not part of Flake's intent. If he's doing the right ting for the wrong reason, he's just a patsy. He has always talked a good game, but his actions show that he is fully on the side of the party first.

[dalton99a]

5. Hey Michael Avenatti: Call 60 Minutes, will ya

[getagrip_already]

7. I suspect.....

That when the red state dems committed to "no" votes, the reich is looking to have the nomination withdrawn so they themselves don't have to vote.

They are cowards, but as long as he doesn't get confirmed, it's still good.

[Still In Wisconsin]

8. My prediction: McTurtle rams the vote through, Flake and other GOP "moderates" fall in line.

Call me cynical, but I've seen this too many times before.

[Fred Sanders]

27. So far all the R ramming has been delayed...not ramming any more...more like

flowing like molasses.

[leftynyc]

10. And if donnie doesn't ask for the

investigation, he'll vote no or is he just trying to appear reasonable?

[Chakaconcarne]

14. I don't understand the pessimism here so far....

Isn't this good news?

This is what we wanted.

[Fred Sanders]

26. Puzzling that faint and conditional one off praise can potentially get you an alert!

[watoos]

15. As long as it isn't,

the Rudy Ghouliani, NY branch of the FBI doing the investigating, they are as crooked as a dog's hind leg.

So if there is no FBI investigation that means we only need one more no vote. I would think that if there is no investigation there will be more Republicans to vote no. I'm giving Flake the benefit of the doubt, call me naïve.

[Calista241]

40. That is Preet Bharara's NY FBI territory more recently.

[not fooled]

17. So I hope

the attorneys for the women with information about kavano use this week to continue to put forth any additional material that is relevant.

Also, as with Anita Hill and kavano's recent "6" or whatever background checks if the fbi investigates they probably won't or can't find any "smoking gun" that will stop the GOPeePee. pukes know this in advance.

Whole thing with flakey smells stage managed. He's a hardcore libertarian tool.

[Chakaconcarne]

18. Here's a thought.....

They didn't have the votes, people on the committee didn't have confidence (in general) in Kavanaugh. I mean look at his testimony.. He looked ridiculous and had to be rescued.. That was obvious.

So they let the FBI investigate....

The FBI finds the truth... as we all understand it to be... Kavanaugh is a liar.

The report ends up in Kavanaugh losing the nomination..

The FBI again becomes the enemy (again) and rallies the Trump voter and progressives lose their steam and don't show up to vote in November.

A week is a long time for more information to come out and derail this...

[Honeycombe8]

20. They have the votes. An FBI Investigation AFTER a vote is just to stop voter damage.

It doesn't mean a thing. If they even do it.

If Flake voted yes, that means they're all falling in line. Collins, Manchin...

[Honeycombe8]

19. What did I tell you? Flake is spineless. He does this for attention, IMO.

Wanting an FBI Investigation AFTER a yes vote is meaningless. It's for show, to hopefully not lose more voters in the mid-terms.

He did this same thing for the healthcare bill, I think it was. He just didn't know how to vote! Oh, my goodness...should I vote no? Should vote yes? I just don't know. Let the reporters hound me for days, while I get on national tv, and talk about "I haven't decided yet." Of course he had decided. He voted with his party, like Republicans usually do.

This gets me spittin' mad. Is there ANYTHING a rich white male can do that slows his career path to the top and puts him in a position of power over those he abuses? Anything? Murder? What?

[Chakaconcarne]

28. I don't understand how it's meaningless...

Maybe I just don't get it....

It's a week in which a lot can happen.

The FBI will be able to dig deeper.

and it hasn't gone to a full vote...

[Honeycombe8]

31. It's meaningless because....

1. He didn't get a guarantee of an FBI Investigation;

2. He didn't require an FBI Investigation before his vote;

3. He has voted yes...without an FBI Investigation.

And so it will go for the remaining Republicans. He's confirmed...the final vote is just not taken yet.

The FBI Investigation, IF there is one, is just for show. To try to curb voter loss and to shore up the base. It is meaningless. If Flake voted, KNOWING that Kavanaugh may have sexually assaulted Ford, that means he doesn't think such a thing is enough to keep him off the bench.

That means the other Repubs think the same. They can lose one Repub vote, without getting Manchin's vote, and still confirm. They've got it, IMO. Flake was the weakest link. Not Collins, not Murkowski. Flake...because he's not running for re-election.

Furthermore, I don't think it's because FLAKE asked Grassley for an FBI Investigation, I think it's probably because the ABA asked for it, and said there would be doubt about the S.Ct. without one.

[Fred Sanders]

35. Murkowski has joined Flake in the call for a delay for an FBI investigation.

And Cheeto is very, very, bigly sad...what more do you need to know?

I saw the Elevator Scene, more folks should see the clip.

[Honeycombe8]

48. Trump is actually in a good mood today, as a result of the votes.

"Calling for a delay" because the ABA "strongly suggested" that the investigation needs to be done is meaningless. A quickie supplement will be done, and then he'll be confirmed.

This is all for political cover.

[LenaBaby61]

29. Just as I thought.

NOTHING to see here folks, move along.

WHO'D in hell would trust Flaky Flake? Never me.

The DEMS will have to take the Congress and do this on their OWN.

It's within their grasp if they REALLY want to investigate the lying, probably sexually assaulting, drunken weasel Kavanaugh and perhaps remove his ass OFF of the Supreme Court.

[Honeycombe8]

32. You got that right, LenaBaby. You got that right. The takeover of the govt is almost complete. nt

[orleans]

21. he's such a dickhead

too bad he didn't vote NO until it was set in stone that the fbi would do the investigation.

he wants to look like a hero but he's a shit!

[watoos]

22. Someone correct me if I'm wrong,

I read where Murkowski has joined Flake in calling for the FBI investigation. By my math that's 2 Republicans.

[empedocles]

30. . . . and its the 51 vote key

that controls the day, despite Grassley, McConnell, trump, or whatever else may be claimed.

[that reality factor has been making all the recent decisions]

[Honeycombe8]

33. Don't ignore the facts: Flake voted to CONFIRM. Murkowski hasn't voted yet...

no reason to think she'd be different from Flake,

What that means is...EVEN IF Kavanaugh assaulted someone, FLAKE does not think that's enough to keep him off the bench. And if Flake thinks that, I guarantee you that the other Repubs think the same way. Flake is the weakest link, since he's leaving Congress.

The rest of it..."asking for" an FBI Investigation (only after the ABA did) is just for show. To shore up the base, clean up the perception, damage control. It's meaningless otherwise.

Mark Judge is hitting the talk show circuit, too.

It's just a political show.

[Fred Sanders]

36. Flake voted to ADVANCE out of Judiciary...with a bigly condition not pleasing to Cheeto.

[Honeycombe8]

41. He voted YES. That's the fact. He didn't have to. He could even have gotten a promise of FBI invest

He did not. The fact is that he voted YES.

Don't believe the story that they might get an FBI Investigation because of Flake. They don't care what Flake says.

The ABA "strongly suggested" there be an FBI Investigation. Even so...they are merely mulling that over, FOR POLITICAL PURPOSES. It's meaningless.

The Repubs have decided that Kavanaugh is to be confirmed. Watch. You'll see.

If they do request an FBI Investigation, it'll have to be quick. Kavanaugh is to be seated on the bench in October.

[emulatorloo]

52. No, He didn't vote to confirm. The Confirmation vote won't be held until after the proposed FBI

investigation.

[Honeycombe8]

55. He voted YES. He didn't have to. Grassley didn't need that vote to send it for a full vote.

And he didn't "demand" anything. He said he thought they should do the FBI investigation..AFTER the ABA "strongly suggested" that an FBI investigation of the charges should be done.

We've been through this dog and pony show before with him...I think it was the healthcare bill. It's a way to get his name & face in the news. He's leaving Congress, but may have other political plans.

He will vote to confirm unless the FBI report is damning. Because despite his talk, he almost always votes for what Trump wants. He's mainly concerned about money issues, it seems. He doesn't seem to care much about social issues. Hence not caring that much about sex allegations. He knows Kavanaugh will rule on the money issues in a way Flake wants. And Trump wants Kavanaugh.

[DeminPennswoods]

34. Flake voted to move the nominee out of committee

His vote didn't matter that much because McConnell would have moved the nomination to the full Senate for a vote regardless.

However, Flake is withholding his vote on the full Senate confirmation until the FBI does an investigation of Dr Ford's claims. Once the FBI starts pulling the threads of her allegation and talking to people, they are going to find all the other stuff, too.

Right now the GOP doesn't have Flake's vote and Murkowski and Collins seem iffy. Having Donnelly, Testor and McCaskill saying they will vote NO on Kavanaugh leaves McConnell not much, if any, wiggle room.

A week is a long time in today's world. Just look at how fast someone found the Gaudette home with pictures.

[Fred Sanders]

38. Nice and accurate summary of the reality for Republicans without one attacking anyone. Kudos!

[Honeycombe8]

43. Flake didn't say he's withholding his vote. He said "I want an FBI Investigation."

That's a very different thing.

He said that because the AVA "strongly suggested" getting one so that people will have faith in the S.Ct.

So they may get a quickie one...has to be quick, since Kavanaugh is to be seated on the bench in October.

If Flake's vote didn't matter, then he chose to make a statement of confirmation.

[Jedi Guy]

49. I'm pretty sure he said he'd vote no if there wasn't an FBI investigation.

He voted yes to advance it out of the committee to the floor vote, but on the condition that unless an FBI investigation took place, he'd vote no on final confirmation.

I'm somewhat pessimistic that the FBI will find anything damning, in any case. Thus far it's testimony versus testimony, with no physical evidence of any kind. Given the time frame involved, the odds that they'll find anything you could call evidence are extremely remote, in my estimation.

If that's the case, the GOP will hang their hat on the fact that nothing can be proven against Kavanaugh beyond a reasonable doubt. That's not the standard of evidence for confirming nominees, but it is the standard of evidence for conviction in a court of law, and a lot of people will agree that absent proof of his guilt, he's innocent.

If Kavanaugh is truly guilty, the smart play would be for him to withdraw. If he's got the stones to face an FBI investigation, he's either innocent or he's got balls of solid steel and he's willing to roll the dice on his entire life.

[DeminPennswoods]

50. Correct, Flake said he would not vote to confirm unless the FBI

investigated.

The Senate has now requested and Trump has ordered a re-opening of Kavanaugh's background investigation to be "limited in scope" and completed in "less than a week". There was a question about
what constituted "limited in scope" and MSNBC just reported out that the FBI will determine the scope.

[emulatorloo]

53. Thanks for laying out all the facts so clearly for those who have some misunderstanding

[Hugin]

37. Of course they did...

And there's just enough time to have a kangaroo investigation to follow up their kangaroo hearing before the confirmation.

Just a formality.

[Fred Sanders]

39. I support the notion the FBI Cheeto hates will not conduct a kangaroo investigation. The citizen's

investigation continues.

But that is just me.

[Hugin]

51. Old Yeller has already telegraphed his intention to fire Rosenstein at the first instant after...

Kravenaw's confirmation becomes official.

Then the Pardons begin as soon as Mueller is out of the way.

[Honeycombe8]

44. Yes, it is. So that people "will have faith" in the S.Ct., now that there will be 2 sex perps

on the bench.

[truthisfreedom]

45. He's gonna be doing his justicin' from a prison cell

Sittin’ Next to his new butt buddy Bubba.

[sandensea]

46. Or Cheeto.

Of course though, Cheeto would much rather see Ivanka drop the soap.

[Bayard]

47. The glass is half full people

I'll take a little hope rather than outright despair.

I'm thinking we should all send him our thanks, and urge him to continue doing the right thing.

This also gives us a week to work on Collins and the other possibles.

[emulatorloo]

54. +1

[madville]

56. It's a double-edged sword

If the FBI interviews find nothing new and don't find anyone to confirm any of the accusations then it strengthens the Republicans hand. It can easily help them and give them all cover to vote Yes.

It's not going to look good either if the second and third accusers refuse to be interviewed by the FBI.

[sandensea]

57. Good point.

I'm almost positive, moreover, that the Cheeto Justice Department will do everything they can to stymy said investigation - up to and inclufing leaking names/addresses of any potential witnesses, so the Chumpkin trolls can have their way with them (insults, threats, etc).

This could get ugly.

[Calista241]

58. Kavanaugh is one of the establishment Republican types that FBI agents and the DOJ will love.

I wouldn't expect them to put up too much of a fight in this case.

[sandensea]

59. True.

I do expect Sessions' Justice Department to try to sabotage the investigation; but FBI complicity can't be entirely ruled out - I agree,

As you know, the FBI - or least a significant faction therein - has long been afflicted with GOPitis.

One the numerous ugly legacies from the J.Edgar era. Ironically enough.

[Progressive Jones]

60. SHAM!

If Flake was really concerned, he wouldn't have voted to let this out of committee. Period.
They could have always come back if Kavanaugh was found to be squeaky clean.
Of course, we know that he isn't.

EDITED FOR A SPELLING ERROR.

[sandensea]

61. That's indeed what it looks like.

Flake's like his own nose: always trying to have it both ways.

And a belated welcome to DU, Progressive Jones. Keep'em coming!