Sen. Jeff Flake, R-Ariz., created some late drama in the Senate Judiciary Committee this afternoon.
On Friday morning, Flake announced he would support Judge Brett Kavanaugh’s nomination to the Supreme Court. But by the time the committee was supposed to vote to advance the nomination to the full Senate floor at 1:30pm, Flake, well, flaked a little bit.
Although he voted to advance the nomination to the floor, Flake asked for a short delay – up to a week, he said, but perhaps shorter – for the FBI to conduct an investigation limited in scope and time on the sexual assault allegations against Kavanaugh (Flake did seem to say “allegations” plural, rather than limiting it to just the initial allegation from Christine Blasey Ford).
But Flake’s request is nonbinding. Senate Majority Leader Mitch McConnell, R-Ky., can push for a final vote regardless. As Sen. Lindsey Graham, R-S.C., said during the hearing, “It is completely up to Sen. [Chuck] Schumer and McConnell.” Still, Flake strongly implied that the votes of other Republican senators might hang in the balance, and that surely includes Sens. Susan Collins, R-Maine, and Lisa Murkowski, R-Alaska.
The Senate can’t order an FBI investigation. But McConnell can tell the White House that the nomination can’t pass until the White House does order an FBI investigation.
Flake said he “wouldn’t be comfortable moving [the nomination] from the floor” without an FBI investigation. It’s possible Kavanaugh’s nomination has 50 votes without an investigation, but thanks to Flake’s action, it seems unlikely that undecided senators will go along. Murkowski already said she supports Flake’s call.
Grassley, who is extremely influential with the Republican leadership on judicial nominees, acquiesced and said he was committing to advocate for Flake’s position with McConnell. We’ll see what happens next.
