WASHINGTON, D.C. — The nomination of Brett Kavanaugh to the U.S. Supreme Court is moving forward.
Senate Majority Leader Mitch McConnell filed a cloture vote late Wednesday to move Kavanaugh's nomination to the full Senate.
Today is all about Senators reading an FBI file that can't be made public - that didn't go so well in 1989 https://t.co/byCbzJCxwl pic.twitter.com/nZKRS2o8zx
— Jamie Dupree (@jamiedupree) October 4, 2018
McConnell’s move comes as Democrats on the Senate Judiciary Committee are waiting for an FBI report on an investigation into sexual assault allegations against Kavanaugh.
Three women have accused Kavanaugh of sexual misconduct or lewd behavior when he was in high school and college.
He has vehemently denied the charges, but the White House authorized a new weeklong FBI investigation into the allegations last Friday.
McConnell ( R-KY) has already said he plans to hold a vote on Kavanaugh's nomination before week's end.
Here are the latest updates:
Update 5:35 p.m. EDT Oct. 4: A retired U.S. Supreme Court judge on Thursday said he does not support the nomination of Brett Kavanaugh.
Retired Justice John Paul Stevens told a crowd of retirees in Florida that Kavanaugh lacks the temperament for the job, and does not belong on the Supreme Court, according to the Palm Beach Post.
Stevens said he once thought Kavanaugh had the qualifications for the job, but changed his mind after watching the hearings last Thursday.
Retired Supreme Court Justice: Kavanaugh does not belong on high court https://t.co/vt3s7YNCXY
— The Palm Beach Post (@pbpost) October 4, 2018
Update 5:15 p.m. EDT Oct. 4: Women are protesting the nomination and impending vote on Supreme Court nominee Brett Kavanaugh in Washington and in other cities, as well.
At the Hart Senate Office Building, protesters were arrested Wednesday afternoon after staging a demonstration against Kavanaugh's confirmation.
Capitol police are lining up protesters they’ve arrested in hart #KavanaughConfirmation pic.twitter.com/VK1gk9a0jp
— Ellie Kaufman (@EllieCKaufman) October 4, 2018
Meantime, four senators are crucial in seating Kavanaugh on the high court: Susan Collins (R-ME), Lisa Murkowski (R-AK), Jeff Flake (R-AZ) and Joe Manchin (D-WV).
Manchin told reporters as he was leaving Thursday that he plan on finishing his review of the FBI probe Friday morning.
Sen. Manchin, leaving briefing, would not say which way he was leaning. He said he still needed to finish reviewing the report, saying he planned to go back tomorrow between 9a-10a. He said he made it about halfway through the material.
— Manu Raju (@mkraju) October 4, 2018
“Heidi made her decision, I’ll make mine.”
It’s still unclear how Collins, Murkowsi or Flake plan to vote and they, along with Manchin, are considered crucial key votes in whether Kavanaugh is ultimately confirmed.
Update 4 p.m. EDT Oct. 4: A protest against Brett Kavanaugh's nomination to the U.S. Supreme Court took shape around noon in Washington D.C. as it looked more likely that he would be seated on the high court.
Protesters gathered outside of the E. Barrett Prettyman Federal Courthouse in Washington and chanted and marched through the city's streets. By 4 p.m., the protesters packed the Hart Senate Office Building.
We anticipate a vote on the Senate floor to confirm Brett Kavanaugh as early as Friday," #CANCELKAVANAUGH organizer, Party Majority PAC, wrote on the the group's website. "It is critical we make our voices heard on the ground in Washington on Thursday."
According to USA Today, Lena Dunham, Amy Schumer and Whoopi Goldberg were expected to make appearances at the event.
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Update 3 p.m. EDT Oct. 4: Republican senators Mitch McConnell, Chuck Grassley, Orrin Hatch, Thom Tillis and Mike Lee talked to reporters Thursday afternoon in support of Brett Kavanaugh's nomination to the U.S. Supreme Court, hours after the supplemental FBI investigation into charges of sexual misconduct was provided to the White House.
Senators have spent the day reading the report in a secured room in the Capitol.
Senate Majority Leader McConnell said the FBI report did not corroborate any allegations against Kavanaugh, and that there was nothing Republicans could do to "satisfy the Democrats."
The senators spoke for about 20 minutes, taking turns pledging their support to Kavanaugh and his confirmation. Grassley, chairman of the Senate Judiciary Committee said he "feels good" about Kavanaugh's confirmation. Not because of the votes needed for confirmation, he said, but because of Kavanaugh 's qualifications to sit on the court.
Grassley also denounced delaying tactics from Democrats, and Hatch said he was "disappointed in his Democratic colleagues."
Update at 2:30 p.m. EDT Oct. 4: Sen. Heidi Heitkamp, D-North Dakota, says she will vote no on Brett Kavanaugh's confirmation, according to the Associated Press.
Update at 2:12 p.m. EDT Oct. 4: Who can see the FBI report and how do they go about doing it? There are rules for the senators to view the report.
According to The Associated Press, the rules for keeping investigations confidential grew out of an agreement governing background checks dating from the Obama administration.
Here are a few of the rules:
- All 100 senators can see the report. There are nine staff members – from both parties – who also have access to the report.
- There is one copy and it is being held in a Sensitive Compartmented Information Facility – or SCIF.
- The senators come to that room to read it.
- Each party has an hour in the room for a group of their members to read the report, then the other party gets an hour.
- Senators may not bring cell phones into the room.
- Senators are not supposed to discuss what they read in any detail.
Update 12:08 p.m. EDT Oct. 4: According to The Hill website, Arizona Sen. Jeff Flake, R, says he saw nothing in the FBI report that corroborates allegations of sexual misconduct by Supreme Court nominee Brett Kavanaugh.
"Thus far, we've seen no new credible corroboration — no new corroboration at all," Flake said of the report.
Flake's comments came after fellow Republican Susan Collins of Maine told CNN that the FBI's report "appears to be a very thorough investigation."
Flake's and Collins' votes will likely determine if Kavanaugh is confirmed by the Senate for a seat on the Supreme Court.
Update 11:31 a.m. EDT Oct. 4: Senate Democrats are saying that the just-released supplemental FBI investigation into allegations of sexual misconduct by Supreme Court nominee Brett Kavanaugh is incomplete. According to a story from The Washington Post, several top Senate Democrats say they believe the FBI was constrained by the White House as to what they could investigate.
Sen. Dianne Feinstein, D-California, told journalists that the report was a "product of an incomplete investigation," the Post reported.
Minority Leader Charles Schumer, D-New York, said he disagreed with Judiciary Committee Chairman Chuck Grassley. Grassley said earlier Thursday that after reading the report her felt there was "no hint of misconduct."
Senate Majority Leader Mitch McConnell, R-Kentucky, called for an end to the confirmation process and a vote on Kavanaugh's nomination.
"It's time to put this embarrassing spectacle behind us," McConnell said. "The American people are sick of this display that's been put on here in the United States Senate in the guise of a confirmation process."
Update 10:08 a.m. EDT Oct. 4: Chuck Grassley, chairman of the the Senate Judiciary Committee, said Thursday that there is "No hint of misconduct" in the confidential FBI report on sexual misconduct claims against Supreme Court nominee Brett Kavanaugh.
BREAKING: GOP Senate Judiciary chair: `No hint of misconduct' in confidential FBI report on Kavanaugh sexual misconduct claims .
— The Associated Press (@AP) October 4, 2018
The AP is reporting that Grassley has read the full report and found "nothing we didn't already know."
Update 9:53 a.m. EDT Oct. 4: A White House official has confirmed that the FBI interviewed nine people in its supplemental inquiry of Supreme Court nominee Brett Kavanaugh, National Public Radio is reporting.
Dr. Christine Blasey Ford was not one of the people interviewed, according to her attorney.
Update 8:47 a.m. EDT Oct. 4: From reporter Jamie Dupree:
Today is all about Senators reading an FBI file that can't be made public - that didn't go so well in 1989 https://t.co/byCbzJCxwl pic.twitter.com/nZKRS2o8zx
— Jamie Dupree (@jamiedupree) October 4, 2018
Update 5:33 a.m. EDT Oct 4: The Senate Judiciary Committee has received the report from an FBI investigation into sexual misconduct allegations against Supreme Court nominee Brett Kavanaugh, according to its chairman.
Sen. Chuck Grassley, R-Iowa, tweeted early Thursday that the "Supplemental FBI background file for Judge Kavanaugh has been received."
Supplemental FBI background file for Judge Kavanaugh has been received by @senjudiciary Ranking Member Feinstein & I have agreed to alternating EQUAL access for senators to study content from additional background info gathered by non-partisan FBI agents 1/3
— ChuckGrassley (@ChuckGrassley) October 4, 2018
The FBI delivered the report to the White House late Wednesday.
According to The Associated Press, early Thursday, Grassley will read the full report on the allegations that Kavanaugh sexually assaulted Dr. Christine Ford when the two were in high school and that he engaged in sexual misconduct when he was a student at Yale University.
The other members of the committee will then be given the report to read.
Update 2:33 a.m. EDT Oct. 4: The FBI's report on Kavanaugh has been given to the White House and is on the way to the Senate, spokesman Raj Shah tweeted early Thursday.
"The White House has received the Federal Bureau of Investigation's supplemental background investigation into Judge Kavanaugh, and it is being transmitted to the Senate," Shah's statement read.
"With Leader McConnell's cloture filing, Senators have been given ample time to review this seventh background investigation," the statement continued. "This is the last addition to the most comprehensive review of a Supreme Court nominee in history, which includes extensive hearings, multiple committee interviews, over 1,200 questions for the record and over a half million pages of documents. With this additional information, the White House is fully confident the Senate will vote to confirm Judge Kavanaugh to the Supreme Court."
Update 10:10 p.m. EDT Oct. 3: Senate Majority Leader Mitch McConnell has scheduled a key procedural vote on the nomination of Brett Kavanaugh to the U.S. Supreme Court.
"Mitch McConnell just filed cloture (which starts the clock on the confirmation vote) and we haven't (as of now) even seen the FBI report yet," Sen. Amy Klobuchar (D-Minn.) said in a social media post Wednesday night.
A cloture vote ends debate on the nomination and, if it passes, moves the nomination on to the confirmation vote by the Senate.
>> Related: What is cloture and why will Mitch McConnell call for it?
Once cloture is invoked, the Senate takes a series of steps to cut off debate on the nomination and move toward a vote.
Democrats are angry because they haven't seen a report, yet, on the FBI investigation into sexual assault allegations against Kavanaugh. McConnell said the report will be available to lawmakers late Wednesday.
Update 9:15 p.m. EDT Oct. 3: The nation's largest coalition of churches is calling for the withdrawal of Supreme Court nominee Brett Kavanaugh, according to news reports.
More than 40 denominations, including Protestant and Eastern Orthodox Christians, are part of the National Council of Churches.
Organization officials said in a statement on their websitethat they believe Kavanaugh has "disqualified himself from this lifetime appointment and must step aside immediately," according to The Hill.
The statement cited Kavanaugh’s behavior during a Senate Judiciary Committee hearing last Thursday into sexual assault allegations against him.
“Judge Kavanaugh exhibited extreme partisan bias and disrespect towards certain members of the committee and thereby demonstrated that he possesses neither the temperament nor the character essential for a member of the highest court in our nation,” according to the statement.
Organization officials also said that there were "several misstatements and some outright falsehoods" in his testimony about Christine Blasey Ford's allegations of sexual assault, but the group cited other concerns about Kavanaugh's nomination, as well, including a "troubling political record" on issues such as "voting rights, racial and gender justice, health care and environmental protections."
Update 2:40 p.m. EDT Oct. 3: Senate Republicans expect to receive results of the latest FBI background investigation into U.S. Supreme Court nominee Brett Kavanaugh as early as Wednesday afternoon.
The second-ranking Senate Republican, Sen. John Cornyn of Texas, says he hopes "we'll see it (the report) soon, perhaps as early as today," according to a story from the Associated Press.
Majority Leader Mitch McConnell is expected to file cloture on Kavanaugh's nomination after the FBI report is submitted. The motion would cut off debate and move the nomination closer to a vote by the full Senate.
Update 11:45 a.m. EDT Oct. 3: The lawyer for Julie Swetnick, the third woman who has publicly accused Brett Kavanaugh of sexual misconduct, says now a fourth woman has come forward claiming Kavanaugh was a heavy drinker in his teens who spiked the drinks of women at parties.
Michael Avenatti tweeted on Wednesday that his new client has said in a sworn statement that while she and Kavanaugh were in high school, the two crossed paths at 20 or more parties an that she saw him "spike" the "punch" at those parties, in addition to acting "inappropriate" toward women.
Avenatti said his new client would be "fully willing" to speak to the FBI about Kavanaugh. She was not named on Wednesday and her personal information was redacted from the statement posted.
Yet another accuser has come forward (see sworn stmt below). She is prepared to meet with the FBI today and disclose multiple facts and witnesses. pic.twitter.com/eNsCAau6no
— Michael Avenatti (@MichaelAvenatti) October 3, 2018
Update 8:38 a.m. EDT Oct. 3: Senate Majority Leader Mitch McConnell, R-Kentucky, said the FBI's supplemental background check into Supreme Court nominee Brett Kavanaugh should be completed in enough time to have the Senate vote on Kavanaugh's nomination by the weekend.
USA Today is reporting that "Multiple media reports, citing unnamed sources, said the investigation could be completed Wednesday."
McConnell told reporters on Tuesday that "We'll have an F.B.I. report this week, and we'll have a vote this week."
After the FBI shares what they’ve found, Senators will have the opportunity to vote. We’ll have the opportunity to vote “no” on the politics of personal destruction. We’ll have the opportunity to vote “yes” on this fine nominee.
— Leader McConnell (@senatemajldr) October 2, 2018
For a confirmation vote to be held by Saturday, a petition for cloture, or a vote to end debate on Kavanaugh's confirmation, would have to happen on Wednesday.
The vote on the cloture petition would be taken on Friday and if it passes, a vote on the nomination would take place on Saturday, after up to 30 hours of debate on the nomination
Update 5:55 a.m. EDT Oct. 3: Attorneys for two of the women who have accused Brett Kavanaugh of sexual misconduct say they have not been contacted by the FBI concerning the agencies reopened background investigation of the Supreme Court nominee.
Lawyers for Dr. Christine Ford said they sent a letter to FBI Director Christopher Wray to find out why they had not yet been contacted for an interview for the investigation some say is expected to conclude on Wednesday or Thursday.
Ford testified before the Senate Judiciary Committee last Thursday that Kavanaugh had sexually assaulted her when the two were teenagers.
Letter from lawyers for Christine Blasey Ford to FBI director Chris Wray pic.twitter.com/Z0dgbIqwtR
— Alexander Nazaryan (@alexnazaryan) October 2, 2018
John Clune, an attorney for Deborah Ramirez, the second woman to publicly accuse Kavanaugh of sexual misconduct, said he had not heard back from the FBI about a witness list he provided the agency. Clune said the 20 people of the list could help corroborate Ramirez’s story.
Clune said Ramirez was interviewed by the FBI on Sunday.
Update 5:22 a.m. EDT Oct. 3: President Donald Trump mocked Kavanaugh accuser Christine Blasey Ford at a campaign rally in Southaven, Mississippi, on Tuesday night.
"How did you get home? 'I don't remember,'" Trump, imitating Ford, told the crowd, according to The Associated Press. "How did you get there? 'I don't remember.' Where is the place? 'I don't remember.' How many years ago was it? 'I don't know. I don't know. I don't know.'"
Ford, who appeared before the Senate Judiciary Committee last week, said Kavanaugh drunkenly groped her and tried to take off her clothes at a party in the 1980s. Kavanaugh denied the claims.
Michael Bromwich, Ford’s lawyer, said Trump’s words were “a vicious, vile and soulless attack” on his client.
"She is a remarkable profile in courage," Bromwich wrote on Twitter. "He is a profile in cowardice."
A vicious, vile and soulless attack on Dr. Christine Blasey Ford. Is it any wonder that she was terrified to come forward, and that other sexual assault survivors are as well? She is a remarkable profile in courage. He is a profile in cowardice. https://t.co/UJ0bGxV1EZ
— Michael R. Bromwich (@mrbromwich) October 3, 2018
Original report: Three former clerks for Supreme Court nominee Brett Kavanaugh sent a letter to members of the Senate Judiciary Committee about their concerns over the sexual assault and lewd behavior allegations against him, according to news reports.
In a letter to committee Chairman Chuck Grassley and ranking member Dianne Feinstein clerks Will Dreher, Bridget Fahey and Rakim Brooks -- who all previously said Kavanaugh was "great" -- said they wanted to "clarify" their previous remarks about "positive experiences with the Judge as a boss and a mentor on the D.C. Circuit," The Huff Post reported.
The clerks said they wanted to clarify what they thought about Kavanaugh now, because committee members had used their positive words about the nominee from letters they sent before the serious accusations arose, and made it seem like the previous remarks were their response to the allegations.
"We write to clarify, like many Americans, we have been deeply troubled by those allegations and the events surrounding them and were encouraged by the initiation of a formal FBI investigation, which we believe is warranted," the trio said in the letter.
They also said they hoped the investigation would be “independent and thorough.”
In related news, three former Kavanaugh clerks who previously said he was great just wrote to the Judiciary Committee to clarify that they are "deeply troubled" by the allegations against him. pic.twitter.com/9s8Bb7Uhtx
— Jennifer Bendery (@jbendery) October 2, 2018
Three women have accused Kavanaugh of sexual misconduct or lewd behavior when he was in high school and college.
Kavanaugh has vehemently denied the charges, but the White House authorized a new weeklong FBI investigation into the allegations Friday.
Senate Majority Leader Mitch McConnell (R-KY) has already said he plans to hold a vote on Kavanaugh's nomination before week's end.
Cox Media Group