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As it happenedended

Brett Kavanaugh vote: Trump orders FBI background investigation into Supreme Court nominee after Jeff Flake calls for Senate vote delay

After the committee decision attention will turn to moderate Senate Republicans like Susan Collins and their possible voting intentions in a full chamber vote

Mythili Sampathkumar
New York
,Chris Baynes
Friday 28 September 2018 01:14 BST
Comments
Senate Judiciary Committee votes 11-10 to progress Brett Kavanaugh Supreme Court nomination

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The Senate Judiciary Committee has approved Donald Trump's nomination of Brett Kavanaugh to the Supreme Court, in a vote 11-10 on party lines.

However, moderate Republican Senator Jeff Flake called for an FBI investigation into sexual misconduct allegations against the judge before a final Senate vote. Mr Trump later ordered the FBI to conduct that understanding.

Mr Flake's intervention means a final Senate vote on the nomination could be delayed for up to a week so that the FBI investigation can be completed. Mr Kavanuagh denies the allegations from three different women.

“I will vote to advance the nominee to the floor with that understanding,” Mr Flake said.

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To recap (con't)

- The vote is now on the full Senate floor, meaning Senate Majority Leader Mitch McConnell is in control. 

- Democrats like Senator Amy Klobuchar are essentially challenging Mr McConnell to hold a vote on Mr Kavanaugh when Mr Flake, Susan Collins, and Lisa Murkowski - key votes - are on the fence. 

- It is now up to Mr McConnell whether the week-long delay and FBI investigation will take place. 

- If Mr Flake can get the support of other Republicans like Ms Collins and Ms Murkowski for this FBI investigation, it is likely to happen according to several experts. 

Mythili Sampathkumar28 September 2018 19:33

The wildcard is Mr Trump, but he has said he will leave it up to the Senate to decide the fate of his second nominee for the Supreme Court. 

Mr Coons made an interesting allusion to "additional accusers" of Mr Kavanaugh as well, which could send this nomination vote into a higher-octane drama than the Senate has seen in a long time. 

Mythili Sampathkumar28 September 2018 19:35

Protesters are cheering on the "elevator women" who confronted Mr Flake this morning, an interaction which left him looking shaken. 

His head was hung, with a somber impression on his face for the entire morning portion of the hearing as well. 

Mythili Sampathkumar28 September 2018 19:43

Republican Senator John Cornyn, told Reuters: "We're going to talk to the majority leader. He's the one who makes that decision. We're going to be having that conversation this afternoon".

"I don't think there's really anything more to be learned" from a new FBI investigation, Mr Cornyn said, echoing Mr Kavanaugh's assertion. 

Mythili Sampathkumar28 September 2018 19:47

Ms Murkowski is now on board, the Republican senator just told Reuters she supports a delay in the planned Senate vote on Supreme Court nominee Mr Kavanaugh so an FBI investigation can be conducted. 

Mythili Sampathkumar28 September 2018 19:49

One of many unknowns which many journalists have been asking Senators about is: what if the FBI cannot conclude an investigation into Dr Ford's allegations in just one week?

Mythili Sampathkumar28 September 2018 19:50

Senator Joe Manchin, a Democrat running for re-election in the Republican-leaning state of West Virginia, has said he also supports the delay in the vote and having the FBI investigate Dr Ford's allegations. 

Dr Ford and Democrats have been asking for an FBI investigation since the allegations surfaced, noting that in Anita Hill's case then-President George HW Bush ordered a probe within just four days. 

That was well before Ms Hill's testimony as well.  

Mythili Sampathkumar28 September 2018 19:56

There not only Republicans on the fence about the vote. 

What complicates the matter: the 2018 midterm elections are less than six weeks away. 

Democratic Senator Heidi Heitkamp is running in the largely Republican state of Montana is one of the undecideds.

Her fellow "red" state Democrats are Mr Manchin, her colleague from Montana John Tester, and Joe Donnelly of Vice President Mike Pence's home state of Indiana. 

Mr Tester and Mr Donnelly have already pledged to vote no on Mr Kavanaugh, which may sway her. 

Mythili Sampathkumar28 September 2018 20:18

As for any possible new FBI investigation. Brett Kavanaugh's friend Mark Judge - who accuser Dr Christine Ford has said was present during her alleged assault by Mr Kavanaugh - says he'll cooperate with any law enforcement agency that investigates "confidentially."

Mr Judge did not appear at the hearing where Dr Ford and Mr Kavanaugh both gave testimony on Thursday. he has previously disputed the allegation that he was present when Mr Kavanaugh allegedly tried to force himself on Dr Ford at a high school party. Mr Judge says he does not remember any such event.

Mr Kavanaugh denies the allegation against him.

Chris Stevenson28 September 2018 20:27

Mr Cornyn has just confirmed there will be a supplemental FBI investigation for up to one week. 

It is unclear what the "limited scope" of the investigation, which all Senators spoke about in the hearing, will actually entail and if it will only concern Dr Ford's allegations or also investigate allegations by Deborah Ramirez and Julie Swetnick. 

Mythili Sampathkumar28 September 2018 20:29

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