Senator Jeff Flake Asks For Delay And FBI Investigation

WASHINGTON, DC - SEPTEMBER 28: Senate Judiciary Committee Chairman Chuck Grassley (R-IA) listens as ranking member Dianne Feinstein (D-CA) speaks during a contentious committee meeting September 28, 2018 in Washington, DC. The committee met to discuss and later vote on the nomination of Judge Brett Kavanaugh to the U.S. Supreme Court prior to the nomination proceeding to a vote in the full U.S. Senate. (Photo by Chip Somodevilla/Getty Images)

The Kavanaugh train has been slowed. In a surprising moment, Senator Jeff Flake met with Democrats and an agreement has been reached whereby Flake would vote for Brett Kavanaugh and his nomination would move out of committee IF there would be a one week FBI investigation into Brett Kavanaugh. The Senate Judiciary Committee then approved Kavanaugh 11-10 but, if it’s approved by the leadership and the White House, there will be a delay of a full Senate vote of one week while the FBI investigates.

Brett Kavanaugh's Supreme Court confirmation has hit major snag after Sen. Jeff Flake said “it would be proper to delay the floor vote” for an FBI investigation https://t.co/9bu4BTZGgj pic.twitter.com/gg8088T6ox

— POLITICO (@politico) September 28, 2018

This morning Flake said he was voting yes for Kavanaugh, without conditions. There is now speculation about why he changed his mind. Some believe it may have been this moment when he was confronted by sexual assault victims in a capitol elevator.

Women confront Sen. Jeff Flake after he says he'll vote yes to Kavanuagh: “That’s what you’re telling all women in America, that they don’t matter. They should just keep it to themselves because if they have told the truth you’re just going to help that man to power anyway.” pic.twitter.com/T7fSpyT69E

— CNN (@CNN) September 28, 2018

Before Flake’s about-face, several Democrats walked out of the room Friday morning in protest. Some of their colleagues stayed and made last-ditch efforts to convince their GOP colleagues to change their minds, knowing it was more for the cameras than their counterparts.

.@SenBlumenthal makes last ditch appeal to Judiciary Committee to "avoid a rush to judgment" and to delay the vote on Kavanaugh nomination. Says he doesn't believe Kavanaugh would be an impartial justice. Says he lacks the "character and fitness" to serve in that role. pic.twitter.com/jZ1JpCxi6G

— Mark Knoller (@markknoller) September 28, 2018

NEW: Sen. Cory Booker makes an argument to not rush confirmation vote for Brett Kavanaugh: "Will we ignore credible testimony? Will we listen? Will we believe?" "How will we deal with a privileged man? A seat on the Supreme Court is not an entitlement." https://t.co/fA58eMg3mT pic.twitter.com/B7WmvBL3wQ

— World News Tonight (@ABCWorldNews) September 28, 2018

“We are an arm, and a a very weak arm, of the Trump White House,” Democratic Sen. Patrick Leahy says, decrying the move to confirm Kavanaugh. “That is something historians will look at and they’ll call it a turning point in the United States Senate” pic.twitter.com/f880H12K41

— CNN Politics (@CNNPolitics) September 28, 2018

It’s important to note that even though there was this shift today it may just be more of a delay tactic.

My prediction, for what it’s worth:
1) FBI report breaks no new ground;
2) Flake indicates he’ll vote yes;
3) Collins and Murkowski fall into line;
4) Kavanaugh approved by 51-49 vote.

— Daniel W. Drezner (@dandrezner) September 28, 2018

Meanwhile, Trump was asked if he has a backup plan.

Trump said he has not thought about a replacement for Brett Kavanaugh.

This comes after GOP Sen. Jeff Flake, as well as the American Bar Association, called for a delay on the nomination vote until after an FBI probe for claims that Kavanaugh sexually assaulted a woman pic.twitter.com/M8YzFvAvox

— POLITICO (@politico) September 28, 2018