Senator Jeff Flake of Arizona threw a monkey wrench into the confirmation process after voting “yes” in the committee decision.
He said he wanted an FBI investigation–as Christine Blasey Ford and the Democrats had asked–before he would vote YES on the full and final Senate vote. Earlier today, Flake was confronted in the elevator of the Senate by two women who criticized him for turning his back on victims of sexual assault.
Interesting times.
Diane Ravitch's blog 
Flake being Flake. People are going to find out just how useless an FBI “investigation,” on its own, really is. If you want a report from the FBI, demand it before the Committee hearing, so it can serve some purpose.
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Maybe they can learn something from Mark Judge. It’s the only chance to get him under oath.
I was investigated by the FBI when I was nominated for Assistant Secretary of Education in 1991. They questioned all my neighbors in Brooklyn. I have a copy of the file. It is a joke. I was a good neighbor. I took out the trash. I swept in front of my house. Yada-yada-yada.
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I had to pass an FBI investigation before I was allowed to be a Peace Corps member. For whatever reason, I passed. That was back in 1966, back in the good old days.
If they had to investigate me, they surely can have an investigation into our Supreme Court nominee.
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Flake has no balls! He’s a coward. He’s part of the good old boy’s club.
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Grassley is a mean-spirited old fool. Graham is a sycophant; he used to be McCain’s sycophant, now he has switched his allegiance to Trump. I contributed to a 2020 fund on behalf of whoever runs against him.
New York magazine has an article in current issue by Lisa Miller about Graham. She says that he was so proud that John McCain liked him. McCain affectionately called him “Little Jerk.”
http://nymag.com/daily/intelligencer/2018/09/what-happened-to-lindsey-graham.html
I wonder what Trump calls him.
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Yes.
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What a cowardly flake. He should have demanded an FBI report before a vote.
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Or should have waited to declare that he would vote for K before asking for toothless FBI investigation.
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Yes, he could have withheld his vote on condition that there was an FBI investigation first. Then the committee would have deadlocked 10-10.
Just like when Lisa Murkowski and Susan Collins voted FOR Betsy DeVos in committee, allowing her nomination to move to full Senate, where they voted against her, because she had the votes she needed. Cowards!
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It has been crystal clear since the Clarence Thomas-Anita Hill confrontation that the white, male oligarchy, in power since the Constitution was written by wealthy white males, including slave holders, will fight to the death to keep their bloody, privileged power, no matter how many people (mostly women and so-called ‘minorities’) suffer.
The slave-owner-protecting Electoral College, one of many anti-democratic features of our archaic, 18th century Constitution, helped the totally unfit Trump become president, and the lack of a popular vote for both Supreme Court justices as well as being the deciding factor for president have now come together to show how far from a democratic republic the United States of Arrogance and Empire, history’s most powerful oligarchy, truly is.
Rapidly-accelerating Catastrophic Climate Chaos as well as the coming next economic crash (since little has been done since the last one to regulate Wall St. and Big Banks) will
most likely be the final nails in the coffin of this 242-year attempt at a very weak, diluted form of “democracy” (which most of the Framers distrusted).
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I share your disappointment over the role of the electoral college in the last election, but I disagree that it’s institution was entirely because of slavery. That was one of the issues that faced states who viewed the constitution in 1788, but small states like Rhode Island and Vermont also worried that the big states would dominate them with larger populations. This had nothing to do with slavery.
That said, I agree that a large majority of popular votes going to the loser in the last election suggests the need for some revision. Oddly enough, the Democrats seem satisfied enough with the process, even though a higher turnout in some places would not have changed the outcome. It reminds me of the lack of interest in defining a tie after the 2000 election was so close in Florida that it was a definitive tie.
My suggestion would be to keep the electoral college but define a percent at which the electors would be proportionally divided. This would negate both the need to define a tie and the occurrence of candidates not valuing certain parts of the country because they know their voters are not there.
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GOP leaders delay K****** confirmation for one-week FBI investigation…The Hill
Senate GOP leaders have agreed to temporarily delay Brett K’s Supreme Court nomination to allow the FBI to investigate sexual assault allegations against him, Sen. John Cornyn (R-Texas) said Friday.
The announcement came after GOP Sens. Jeff Flake (Ariz.) and Lisa Murkowski (Alaska) called for the FBI to conduct a limited investigation into the allegations.
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Either Kavanaugh is a pathological liar or was so drunk at the time that he can’t remember. Real pathological liars are very convincing. If they are witnesses in trials very difficult for experienced lawyers to cross examine. Which one is he?
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Perhaps both?
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“was so drunk at the time that he can’t remember.”
You mean during the hearing?
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Kavanaugh is clearly a liar. There is ample evidence that he perjured himself. Whether he was under the influence during the hearing I do not know. He certainly exhibited classic alcoholic behaviors. He does not have a judicial temperament. He is stridently partisan. Heaven help us.
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Abigail Shure: He sure scoots around the issues as well as lies.
………
Coons: “Judge if I could, I’m just asking whether you stand by your record — something that you chose to write in 1998. You expressed a view at the time that a president can fire at will a prosecutor criminally investigating him. Is that still your view?
Kavanaugh: “Well that would depend —“
Coons: “I’m just trying to understand if you stand by that publicly expressed view back in 1998.”
K: “I think all I can say, senator, is that was my view in 1998.”
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Evasion is his routine response. He is fundamentally a dishonest man.
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Twitter comments that followed Graham’s “I know, as a single white male from S.C., I’m supposed to keep my mouth shut”. (1) “We really need to give more air time to white guys to express themselves….because being the overwhelming majority in every U.S. arena of power has silenced them.” (2) Nice way to stoke more racism and sexism, Senator.”
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Dr. Ford testified that she was PUSHED FROM BEHIND into the bedroom. I believe she said that Kavanaugh and Judge were in the bedroom. If so…WHO WAS THIS PERSON? Perhaps Mark Judge knows. Also, we must account for the fact that Dr. Ford came forward to her Congressperson BEFORE Kavanaugh’s nomination and that she told her therapist, her husband and friends about this before he was ever even considered for this position.
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I reread the transcript and she says she was pushed from behind and that K. and Judge came into the room. So still, I ask, who pushed her into the bedroom?
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Blasey Ford said she went upstairs to use the bathroom. Someone pushed her into the bedroom. When asked if it was Brett, she said she didn’t know whether it was Mark or Brett. Most people saw that as evidence of her credibility. She didn’t know. She didn’t see who pushed her.
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Right. What I was thinking was there may have been another person there. I commented earlier but it’s in moderation. Perhaps Mark Judge can say who pushed her into the bedroom.
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No one was in the bedroom. Either Brett or Mark or both pushed her in, then closed and locked the door. Then they had their fun. Cue the “uproarious laughter.”
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After Gorsuch, all they could find was another white guy from elite beltway prep school culture. Same with Obama and Trump, elite prep school culture. Where’s a regular person from a public school or public university? Regardless if Brett’s character, his nomination is evidence of America’s entrenched oligarchy at its worst.
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I don’t know about high school But as far as I know, the last Supreme Court Justice to attend a public law school is John Stevens, who went to Northwestern.
The thing about the Supreme Court is that it’s at the very top of a pyramid of the most conservative institutions in the U.S. The selection process at each level of the pyramid is extremely conservative and credential-based.
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Northwestern is a private university.
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Yes, you are correct. There go my midwestern bona fides.
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Northwestern is public? That’s some awfully steep tuition for a public university.
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No, Linda has corrected me. I have erred.
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From TPM, “I don’t believe it is coincidental that the man Ed Whelan chose to publicly accuse, apparently working in concert with Leonard Leo of the Federalist Society, happened to be dating Ford at around the same time.” The article goes on writing about the party identified in Kananaugh’s calendar, with commenters speculating that Mitchell wanted to introduce the date and details of the party into the record as an attempt to save her soul.
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Media reported that Orrin Hatch’s aide Matt Whitlock tweeted, then deleted, “Keep an eye on Ed’s tweets the next few days.” The question to be answered by Kavanaugh is, “Did you know in advance about Whelan’s plan?”
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I know this thread is about SCOTUS….but look at what Merrow is backing. My gosh, cut off the head of the hydra and 3 grow in it’s place.
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Can’t give it up can he. Wonder what the money trail is?
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another blogger posted something about it last week. I was waiting to see if Merrow would blog about his newest hobby.
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LisaM,
Thanks for the link. While I am very skeptical of this new organization, Merrow’s article that you linked to seemed pretty clear that he wasn’t just whitewashing or doing that thing that drives me crazy when progressives like Sanders and Warren do it where they throw out the meaningless words “good public charters” and seem to have no clue. Merrick’s post addressed the very real problems with those supposedly “good” charters. Merrick seems to place more weight in the opinions of people like Deborah Meier and is very skeptical of the PR propaganda that promotes rich charter networks.
I think Merrow is naive to think that charters can work as anything that is apart from the public school system where they are based. But it’s not even clear what he considers a charter school. Is Central Park East, a choice school that Meier started that is part of the DOE, a charter school to Merrow?
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Why does it have to be done in one week? Hurry, hurry, hurry. Must have been a lot of opposition for Trump to make this decision.
………………….
Trump to order new FBI investigation into K
President Trump has authorized the FBI to conduct a supplemental background investigation into Brett K regarding multiple sexual misconduct allegations against the Supreme Court nominee, the White House confirmed Friday.
The Senate Judiciary Committee called on the president to make such a move Friday afternoon following a vote to advance K’s nomination.
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“Yes, an FBI investigation could tell us lots”, Sept. 28, at Medium.
Facts that lend credence to Ford’s account.
Chris Garrett should be called to testify.
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I don’t believe the FBI “investigation” will go anywhere, nor was it meant to. It is a CYA for Manchin, Murkowski and Collins – and Flake. It is of “limited scope” and one week. They will not talk to other accusers. They will not look into Kavanaugh’s mysterious missing debt and gambling issues. He’s lied so many times about so many things, it can’t be done in a week.
Also, Lindsay Graham is auditioning to replace Jeff Sessions as AG after midterms. I’m sure Trump was happy with his performance yesterday.
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I agree. The FBI can’t conduct a thorough investigation in one week.
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Yes. This is just capitulation by the Republicans to make it SEEM like they are cooperating fully but they’re not. I really don’t care what comes out of the FBI investigation at this point. HIs interview with FOX, his refusal to ask the FBI for an investigation and his absolutely outrageous, belligerent, evasive, obfuscating, lying, and preposterous behavior in that hearing is enough for me to have NO faith in this man as a jurist.
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Also, I predict that if this guy gets to the Supreme Court, he will be dogged for years by allegations, etc and just bring conflict to the court. Horrible. We can’t trust in the presidency, the congress and now it will be the Supreme Court too.
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Mamie Krupczak Allegretti: I just sent an article, in moderation, by Robert Reich who says the same thing. Many people will never believe that K isn’t a predator and that he is a privileged, self-righteous white person who shouldn’t be trusted again.
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Thanks Carol! I didn’t get to Truthdig yet this morning!!!
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Crapo is the perfect name for a conservative Senator from Idaho. I graduated from Borah High in Boise and Boise Junior College. [This might have to go into moderation. The URL has the K word.]
……………………………………..
August 21, 2018
CRAPO: K****** UNDERSTANDS PROPER ROLE OF A JUDGE
IN SPEECH FROM SENATE FLOOR, CRAPO OUTLINES HIS SUPPORT FOR JUDGE BRETT K’S NOMINATION TO THE SUPREME COURT
WASHINGTON, D.C. – Judge Brett K understands the proper role of a judge in our legal system–to fairly interpret the law, not create it. That is conclusion of Idaho Senator Mike Crapo, who spoke at length this afternoon from the floor of the United States Senate in support of the nomination of Judge Brett K, who has been nominated to serve as a Justice on the U.S. Supreme Court.
“Judge K is a respected jurist, with a sterling reputation for intellectual rigor and attention to legal detail. He understands the proper role of a judge in our legal system–to fairly interpret the law, not create it,” said Crapo from the Senate floor. “He thinks deeply about the legal questions before him and strives to build consensus on the court.”…
http://www.crapo.senate.gov/media/newsreleases/crapo-kavanaugh-understands-proper-role-of-a-judge
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Flake might have been genuinely moved by the protesters who accosted him in the elevator. so moved that he decided to have his cake and eat it too. Cast a vote FOR Kavanaugh to move out of committee, but appease women by withholding his floor vote until there is an FBI investigation.
Republicans will try to deep-six this new inquiry. There’s already the imposed time limit. They will try and limit what the FBI investigates. They will try to keep the allegations made by other women out of it.
But at least there’s another week.
Still, is it really necessary, since Kavanaugh has already proved himself unfit for the court, both because of his lack of truthfulness and because of his rage and arrogance, and the vile threat that “what goes around, comes around.”
Hopefully, the FBI documents well his rampant lying.
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The FBI investigation ‘must be limited in scope and completed in less than one week.” This is a pile of baloney. Nothing can be accomplished in one week. I think its wishful thinking to assume Flake will demand more time. Do we dare to wish?
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Trump orders FBI to investigate Kavanaugh before full Senate votes…Quartz
Donald Trump has directed the FBI to investigate the sexual-assault allegations against his US Supreme Court nominee Brett Kavanaugh…
“I’ve ordered the FBI to conduct a supplemental investigation to update Judge Kavanaugh’s file,” Trump said in a statement today (Sept. 28). “As the Senate has requested, this update must be limited in scope and completed in less than one week.”…
While Trump has given the FBI one week to complete its investigation, it’s unclear what will happen it takes longer. Given Flake’s insistence on receiving the results of the probe before he votes, the Senate may well wait until he’s satisfied.
https://qz.com/1407138/trump-orders-fbi-to-investigate-kavanaugh-before-a-senate-hearing/
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I agree, but what does the word of a retired teacher mean?
………..
‘Robert Reich: No One Should Trust K Ever Again’
…K may still get on the Supreme Court, but there can no longer be any doubt about his temperament or character, or his politics. A large share of the American public will never trust him to be impartial. Many will never believe his denials of sexual harassment. Most will continue to see him as the privileged, arrogant, self-righteous person he has revealed himself to be…
https://www.truthdig.com/articles/robert-reich-no-one-should-trust-kavanaugh-ever-again/
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Diane. Is there any reason why I’m going into moderation so often. I hope I haven’t been abusive in any way. Maybe WordPress just doesn’t like me???? Maybe they don’t like what I think.
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I have no idea. I have every comment. WordPress doesn’t explain.
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Reich is right. K is forever marked as a bitter partisan and will never be viewed as a fair and unbiased judge. Some judges grew. He never will. He is an angry man, obsessed by hatred.
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I would never have thought of connecting Muslim fundamentalists and Lindsey Graham. Good point.
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Lindsey Graham disregards Violence toward Women, & his State is a Women’s Murder Capital…Informed Consent
JUAN COLE
09/28/2018
Senator Lindsey Graham (R-SC) made it abundantly clear in the hearing on Thursday that he cares more about Republican Party control of the Supreme Court than about rape victims. He implied that the charges of sexual assault that have surfaced against Brett Kavanaugh are a Democratic Party plot to deny Trump a Supreme Court justice. He angrily threatened to smear the next Democratic nominee in turn. Graham’s charge of conspiracy makes no sense, since the Democrats did not make Dr. Blasey Ford come forward, nor did they make the other three women come forward …
The Republican evangelicals are always attacking Muslim fundamentalism for not giving equal rights to women. Actually modern Muslim states like Tunisia have women’s equality in the constitution. But it is true that some Muslim fundamentalists argue that a woman’s testimony in court should be worth half that of a man, which makes convicting a man of rape almost impossible. Ironically, the attitude of the Republican men on the Judiciary Committee is the same as would be that of a Muslim fundamentalist. They clearly believe that the testimony of Dr. Christine Blasey Ford, a high-powered professor of psychiatry at Palo Atlo and Stanford Universities, counts for less than that of a preppie white elite male.
Graham’s tone deafness to rape victims is nothing new. He has consistently voted against the Violence against Women Act. Indeed, the Republican Congress is going to let the act expire this weekend, ironically the same weekend they will shoehorn Kavanaugh onto the Supreme Court. Nobody on cable news will tell you that or make the connection…
Read Here: https://www.juancole.com/2018/09/lindsey-disregards-violence.html
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The American Bar Association had Kavanaugh concerns 12 years ago. Republicans dismissed those, too.
September 28, 2018
But in May 2006, as Republicans hoped to finally push Kavanaugh’s nomination across the finish line, the ABA downgraded its endorsement.
The group’s judicial investigator had recently interviewed dozens of lawyers, judges and others who had worked with Kavanaugh, the ABA announced at the time, and some of them raised red flags about “his professional experience and the question of his freedom from bias and open-mindedness.”
“One interviewee remained concerned about the nominee’s ability to be balanced and fair should he assume a federal judgeship,” the ABA committee chairman wrote to senators in 2006. “Another interviewee echoed essentially the same thoughts: ‘(He is) immovable and very stubborn and frustrating to deal with on some issues.”
A particular judge had told the ABA that Kavanaugh had been “sanctimonious” during an oral argument in court. Several lawyers considered him inexperienced, and one said he “dissembled” in the courtroom.
The reviews weren’t all bad.
In the end, the ABA committee weighed Kavanaugh’s “solid reputation for integrity, intellectual capacity, and writing and analytical ability” against “concern over whether this nominee is so insulated that he will be unable to judge fairly in the future.” In a split vote, they downgraded their rating of the nominee to simply “qualified” — meaning he met the ABA’s standards to become a judge, but was not necessarily an outstanding candidate.
A day after the ABA lowered it rating, the members of the Senate Judiciary Committee called Kavanaugh to return and sit before them, and argued about how seriously the ABA’s concerns should be taken.
“They cannot be dismissed, as some of my colleagues suggest, as merely intemperate rants by Democrats on the Committee,” Sen. Charles E. Schumer (D-N.Y.) argued. “Predictably, of course, some are already launching a campaign to denigrate the ABA.”
Some did accuse the ABA of bias. Other Republicans dismissed the warnings, and noted the group still found Kavanaugh to be qualified, overall.
“Based on your going through that experience, would you recommend that we continue to consult the ABA when it comes to judges?” Sen. Lindsey O. Graham (R-S.C.) asked Kavanaugh, who laughed and declined to answer.
Two days after the hearing, the Senate Judiciary Committee voted to recommend Kavanaugh’s nomination along party lines. The full Senate did much the same later that month — and so Kavanaugh finally became a member of the bench…
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