On Friday, the Senate Judiciary Committee moved to advance Judge Brett Kavanaugh’s Supreme Court nomination to the floor. The key vote was, as predicted, Sen. Jeff Flake, R-Ariz. That vote, unpredictably, came with one condition: postponing the floor vote long enough (no more than a week) for an FBI investigation into the accusations brought by Christine Blasey Ford. The only problem with this is that Flake’s deal isn’t something that he or the Senate has control over. An FBI investigation has to be ordered by the executive branch. That means that the deciding factor is now Trump.
Just prior to the committee vote, Flake met extensively with his Democratic counterparts. When he left the antechamber where they had been meeting, he had cut a deal which he explained just before the vote began: he would vote yes to move the nomination to the floor, but would not support the vote on the floor unless there had been additional time for an FBI investigation.
Now, for that bargain to work, there actually must be an FBI investigation. Democratic questions on Thursday would make that seem like a simple ask. It’s not. An investigation from the FBI must be requested by the White House, literally leaving that decision up to an unpredictable Trump in the oval office.
The other option, of course, would be for lawmakers to pass legislation that asks for an investigation and then get that signed by the president.
Either way, it seems that Jeff Flake’s likely key vote in confirming Kavanaugh comes down to Trump. Once again, passing the baton back to the White House and teeing up likely another suspenseful, showboat announcement from the king of prime time himself.
