Flake Announces Yes for Kavanaugh, Nomination Likely Headed to Senate Floor

Supreme Court nominee Brett Kavanaugh appears headed for approval by the Senate Judiciary Committee—one day after nearly nine hours of testimony regarding high school allegations.

Retiring Sen. Jeff Flake, R-Ariz., who was expected to be the key vote on the committee poised to pass the vote along party lines, 11-10, announced Friday morning he would support Kavanaugh:

Yesterday, we heard compelling testimony from Dr. Ford, as well as a persuasive response from Judge Kavanaugh. I wish that I could express the confidence that some of my colleagues have conveyed about what either did or did not happen in the early 1980s, but I left the hearing yesterday with as much doubt as certainty.

“Our system of justice affords a presumption of innocence to the accused, absent corroborating evidence. That is what binds us to the rule of law,” Flake added in his statement Friday.

“While some may argue that a different standard should apply regarding the Senate’s advice and consent responsibilities, I believe that the Constitution’s provisions of fairness and due process apply here as well,” he continued.

Still in question when the nomination goes to the Senate floor are Republican Sens. Lisa Murkowski of Alaska and Susan Collins of Maine, who haven’t said yet how they would vote. Sen. Joe Manchin, D-W.Va., is also believed to be a possible yes vote on Kavanaugh.

Sen. Richard Blumenthal, D-Conn., made a motion to call Mark Judge before the committee. Christine Blasey Ford identified Judge as as being in the room in Maryland in 1982 when she alleged an intoxicated 17-year-old Kavanaugh pinned her, at age 15, to a bed and tried to remove her clothing.

The motion was defeated on a party-line vote, 11-10.

The committee voted 11-8 to schedule a vote on Kavanaugh at 1:30 p.m. ET.

Judge responded to the committee in a letter dated Sept. 18.

“I never saw Brett act in the manner Dr. Ford describes,” Judge wrote. “I did not ask to be involved in this matter nor did anyone ask me to be involved. As a recovering alcoholic and a cancer survivor, I have struggled with depression and anxiety,” his letter said. “As a result, I avoid public speaking.”

Besides Kavanaugh and Judge, Ford said Leland Ingham Keyser and Patrick J. Smyth were the others at the gathering of teens. However, under penalty of felony, everyone named by Ford said in sworn statements to the committee they did not remember the gathering. Keyser said she didn’t remember knowing Kavanaugh.

Kavanaugh said he doesn’t doubt Ford might have experienced a sexual assault, but stated firmly and repeatedly that it was not by him.