Key Senate Democrats in Republican states are keeping an open mind about Judge Brett Kavanaugh’s Supreme Court nomination, even as others in their party say two accusations of sexual assault are enough to disqualify him.
Sens. Joe Manchin of West Virginia, Joe Donnelly of Indiana, and Heidi Heitkamp of North Dakota are top targets for Republicans in 2018, and all three are in wait-and-see mode on Trump’s nominee. Republicans have said Kavanaugh has been unfairly targeted by Democrats looking to scuttle Trump’s pick at all costs, and so far, the three Democrats are still willing to give him a chance.
“I want everybody to be able to tell their side of the story if it’s validated and I want him to have a chance to clear his name,” Manchin told reporters Monday. When pressed on where he’s leaning, he said, “Period, period, period, period.”
Donnelly, who is in a tough re-election fight, said he still has an open mind.
“I just want to hear all the facts hear what everybody has to say,” Donnelly told reporters on Monday. When asked if he is facing an increase in pressure to vote one way or another, he said he is not.
“No. I’ll just do what’s right, no matter what,” said Donnelly, who is facing a challenge from Republican Mike Braun in November.
Heitkamp said that the allegations need to be “looked into,” but declined to delve any further, according to CNN,
Other Senate Democrats up for re-election say the allegations will play into their decision. Sen. Jon Tester, D-Mont., who is being challenged by Republican Matt Rosendale, said he still has policy questions for Kavanaugh.
“Look, we’re paying close attention to the allegations. I’ve got other issues too that I want to talk to him if we can ever get an in-person [meeting] with him,” Tester said, naming privacy, abortion, and campaign finance specifically. “We’ve got a long list. And these allegations will also be a part of it.”
The way Manchin, Heitkamp, and Donnelly ultimately vote could also be contingent on the choices made by a handful of undecided Senate Republicans. According to one GOP strategist, the three Democrats are truly up for grabs and will look to see where Sen. Susan Collins, R-Maine, and Sen. Lisa Murkowski, R-Alaska, land on Kavanaugh.
If they vote for the nominee, the strategist believes the door would be open enough for some or all of the three Democrats to support the nominee.
Senate Democrats believe Thursday remains key as Kavanaugh and Christine Blasey Ford, the California professor who alleges Kavanaugh assaulted her in high school, are slated to testify before the Senate Judiciary Committee. It’s unclear who will question Ford during the open session, but what happens in that hearing could swing the group one way or another.
“Let’s see the testimony from Dr. Ford,” said Sen. Chris Van Hollen, D-Md. “I think they also believe that we should have other witnesses called and that we should have an FBI investigation … I think they’re going to do what they do on all these issues, which is look at all the facts.”
Democrats increased calls for an FBI investigation after the second allegation against Kavanaugh surfaced Sunday night. But Republicans stood firm, rejecting the notion that the FBI should reopen its background check into Kavanaugh, instead saying they are seeking an interview with the second accuser.
On Monday, Senate Majority Leader Mitch McConnell, R-Ky., called the accusations a “shameful, shameful smear campaign” after Deborah Ramirez became the second woman to accuse Kavanaugh of sexual assault in a story by the New Yorker. But that response disappointed some Democrats.
“This says to me we certainly haven’t gone very far from the Anita Hill days,” said Sen. Mazie Hirono, D-Hawaii.
Sen. Tim Kaine, D-Va., said GOP resistance to an FBI investigation is a clear signal to voters in his state, where a number of vulnerable GOP-held districts could determine control of the House.
“It means they’re either afraid of what they’re going to find in an investigation,” Kaine said of Republicans. “Or they don’t really care about a sexual assault charge — that is making people mad.”
