American Bar Association: Delay Kavanaugh confirmation vote until FBI investigates

The American Bar Association late Thursday called on the Senate Judiciary Committee to delay a confirmation vote on Supreme Court nominee Brett Kavanaugh until an FBI investigation can be completed into several claims of sexual misconduct.

“We make this request because of the ABA’s respect for the rule of law and due process under law,” reads the letter, a copy of which was obtained by HuffPost.

“The basic principles that underscore the Senate’s constitutional duty of advice and consent on federal judicial nominees require nothing less than a careful examination of the accusations and facts by the FBI.”

The move is extraordinary in that the ABA gave Kavanaugh a unanimous “well-qualified” rating for the Supreme Court nomination, and the federal judge has boasted that he was “thoroughly vetted” by the lawyers’ group.

The letter, signed by ABA President Robert Carlson, came just hours after Kavanaugh testified before the judiciary panel in light of recent allegations that he sexually assaulted Christine Blasey Ford at a gathering when they were both teenagers in the 1980s.

Blasey, who also spoke on Thursday, claimed that a young Kavanaugh pinned her to a bed, attempted to take off her clothes and put his hand over her mouth to the point that she thought he was “accidentally going to kill” her.

Kavanaugh has vehemently denied the allegation, telling lawmakers on Thursday that the claim, alongside those of two other women, were “a calculated and orchestrated political hit fueled with apparent pent-up anger about President Trump and the 2016 election”.

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U.S. Supreme Court nominee Brett Kavanaugh testifies before a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., September 27, 2018. REUTERS/Jim Bourg TPX IMAGES OF THE DAY
Family members of of U.S. Supreme Court nominee Brett Kavanaugh, including his wife Ashley (R) and mother Martha (L), listen to him testify before a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., September 27, 2018. REUTERS/Jim Bourg
Judge Brett Kavanaugh testifies to the Senate Judiciary Committee during his Supreme Court confirmation hearing in the Dirksen Senate Office Building on Capitol Hill in Washington, DC, U.S., September 27, 2018. Win McNamee/Pool via REUTERS TPX IMAGES OF THE DAY
Senator Lindsey Graham, a Republican from South Carolina, speaks during a Senate Judiciary Committee hearing in Washington, D.C., U.S., on Thursday, Sept. 27, 2018. Supreme Court nominee�Brett Kavanaugh�angrily, tearfully and 'unequivocally' denied sexually assaulting Christine Blasey Ford, after she told senators at a dramatic hearing that shes 'one hundred percent' certain he is the one who attacked her when they were teenagers. Photographer: Tom Williams/Pool via Bloomberg
White House Counsel and Assistant to the President for U.S. President Donald Trump, Donald McGahn, as Supreme Court nominee Brett Kavanaugh testifies before the US Senate Judiciary Committee on Capitol Hill in Washington, DC, September 27, 2018. SAUL LOEB/Pool via REUTERS
Judge Brett M. Kavanaugh testifies in front of the Senate Judiciary committee regarding sexual assault allegations at the Dirksen Senate Office Building on Capitol Hill, in Washington, DC, U.S. September 27, 2018. Gabriella Demczuk/Pool via Reuters
Senate Judiciary Committee ranking members Sen. Dianne Feinstein (D-CA) (R) and Chairman Charles Grassley (R-IA) question Judge Brett Kavanaugh during his Supreme Court confirmation hearing in the Dirksen Senate Office Building on Capitol Hill in Washington, DC, U.S., September 27, 2018. Win McNamee/Pool via REUTERS
Supreme court nominee Brett Kavanaugh is sworn in to testify before the Senate Judiciary Committee on Capitol Hill in Washington, DC, U.S., September 27, 2018. Andrew Harnik/Pool via REUTERS
Senator Patrick Leahy, a Democrat from Vermont, left, speaks during a Senate Judiciary Committee hearing in Washington, D.C., U.S., on Thursday, Sept. 27, 2018. Supreme Court nominee�Brett Kavanaugh�angrily, tearfully and 'unequivocally' denied sexually assaulting Christine Blasey Ford, after she told senators at a dramatic hearing that shes 'one hundred percent' certain he is the one who attacked her when they were teenagers. Photographer: Win McNamee/Pool via Bloomberg
Supreme court nominee Brett Kavanaugh arrives with his wife Ashley to testify before the Senate Judiciary Committee on Capitol Hill in Washington, DC, U.S., September 27, 2018. Andrew Harnik/Pool via REUTERS
Senate Judiciary Committee Chairman Chuck Grassley (R-IA) presides over a hearing as Supreme Court nominee Brett Kavanaugh testifies before the Senate Judiciary Committee on Capitol Hill in Washington, DC, U.S., September 27, 2018. Andrew Harnik/Pool via REUTERS
Sen. Lindsey Graham, R-SC, leaves for a break from the Senate Judiciary Committee confirmation hearing with U.S. Supreme Court nominee Brett Kavanaugh and Palo Alto University professor Christine Blasey Ford, who has accused Kavanaugh of a sexual assault in 1982, in Washington, U.S., September 27, 2018. REUTERS/Mary F. Calvert
U.S. Senator Ben Sasse (R-NB) speaks during U.S. Supreme Court nominee Brett Kavanaugh's testimony before a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., September 27, 2018. REUTERS/Jim Bourg
Judge Brett Kavanaugh is sworn in before testifying before the U.S. Senate Judiciary Committee on Capitol Hill in Washington, U.S., September 27, 2018. Tom Williams/Pool via REUTERS TPX IMAGES OF THE DAY
Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, smiles during Senate Judiciary Committee on Capitol Hill in Washington, Thursday, on September 27, 2018. - University professor Christine Blasey Ford, 51, told a tense Senate Judiciary Committee hearing that could make or break Kavanaugh's nomination she was '100 percent' certain he was the assailant and it was 'absolutely not' a case of mistaken identify. (Photo by Andrew Harnik / POOL / AFP) (Photo credit should read ANDREW HARNIK/AFP/Getty Images)
WASHINGTON, DC - SEPTEMBER 27: Senate Judiciary Committee member Sen. Ted Cruz (R-TX) questions Judge Brett Kavanaugh during his Supreme Court confirmation hearing in the Dirksen Senate Office Building on Capitol Hill September 27, 2018 in Washington, DC. Kavanaugh was called back to testify about claims by Christine Blasey Ford, who has accused him of sexually assaulting her during a party in 1982 when they were high school students in suburban Maryland. (Photo by Win McNamee/Getty Images)
WASHINGTON D.C. - SEPTEMBER 27: U.S. Senator Thom Tillis (R-NC) displays a judiciary committee document while questioning Judge Brett Kavanaugh during his Supreme Court confirmation hearing before the Senate Judiciary Committee in the Dirksen Senate Office Building on Capitol Hill September 27, 2018 in Washington, DC. Kavanaugh was called back to testify about claims by Christine Blasey Ford, who has accused him of sexually assaulting her during a party in 1982 when they were high school students in suburban Maryland. (Photo by Jim Bourg-Pool/Getty Images)
Senate Judiciary Committee member Sen. Mike Lee (R-UT) questions U.S. Supreme Court nominee Brett Kavanaugh as he testifies before a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., on September 27, 2018. - University professor Christine Blasey Ford, 51, told a tense Senate Judiciary Committee hearing that could make or break Kavanaugh's nomination she was '100 percent' certain he was the assailant and it was 'absolutely not' a case of mistaken identify. (Photo by Andrew Harnik / POOL / AFP) (Photo credit should read ANDREW HARNIK/AFP/Getty Images)
WASHINGTON, DC - SEPTEMBER 27: Senate Judiciary Committee members (L-R) Sen. Ted Cruz (R-TX), Sen. Lindsey Graham (R-SC), Sen. Orrin Hatch (R-UT) and Chairman Charles Grassley (R-IA) talk at the conclusion of the Supreme Court confirmation hearing for Judge Brett Kavanaugh in the Dirksen Senate Office Building on Capitol Hill September 27, 2018 in Washington, DC. Kavanaugh was called back to testify about claims by Christine Blasey Ford, who has accused him of sexually assaulting her during a party in 1982 when they were high school students in suburban Maryland. (Photo by Win McNamee/Getty Images)
WASHINGTON D.C. - SEPTEMBER 27: Judge Brett Kavanaugh testifies to the Senate Judiciary Committee during his Supreme Court confirmation hearing in the Dirksen Senate Office Building on Capitol Hill September 27, 2018 in Washington, DC. Kavanaugh was called back to testify about claims by Christine Blasey Ford, who has accused him of sexually assaulting her during a party in 1982 when they were high school students in suburban Maryland. (Photo by Jim Bourg-Pool/Getty Images)
WASHINGTON, DC - SEPTEMBER 27: Supreme Court nominee Brett Kavanaugh is sworn in to testify before the Senate Judiciary Committee on Capitol Hill on September 27, 2018 in Washington, DC. Kavanaugh was called back to testify about claims by Dr. Christine Blasey Ford, who has accused him of sexually assaulting her during a party in 1982 when they were high school students in suburban Maryland. (Photo by Andrew Harnik - Pool/Getty Images)
Ashley Estes Kavanaugh, wife of Supreme Court nominee�Brett Kavanaugh, listens during a Senate Judiciary Committee hearing in Washington, D.C., U.S., on Thursday, Sept. 27, 2018. Kavanaugh�angrily, tearfully and 'unequivocally' denied sexually assaulting Christine Blasey Ford, after she told senators at a dramatic hearing that she's 'one hundred percent' certain he is the one who attacked her when they were teenagers. Photographer: Jim Bourg/Pool via Bloomberg
Senator Lindsey Graham, a Republican from South Carolina, speaks during a Senate Judiciary Committee hearing in Washington, D.C., U.S., on Thursday, Sept. 27, 2018. Supreme Court nominee�Brett Kavanaugh�angrily, tearfully and 'unequivocally' denied sexually assaulting Christine Blasey Ford, after she told senators at a dramatic hearing that shes 'one hundred percent' certain he is the one who attacked her when they were teenagers. Photographer: Andrew Harnik/Pool via Bloomberg
U.S. Senator Orrin Hatch (R-UT) listens to U.S. Supreme Court nominee Brett Kavanaugh testify before a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., on September 27, 2018. - University professor Christine Blasey Ford, 51, told a tense Senate Judiciary Committee hearing that could make or break Kavanaugh's nomination she was '100 percent' certain he was the assailant and it was 'absolutely not' a case of mistaken identify. (Photo by JIM BOURG / POOL / AFP) (Photo credit should read JIM BOURG/AFP/Getty Images)
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Republican members of the judiciary commitee said they still planned to move forward with a vote on Kavanaugh’s confirmation Friday morning. After the tally, the nomination will move to a procedural vote in the full Senate on Saturday, although it’s unclear if the judge has the 50 votes needed to open debate on his confirmation on the chamber floor.

The ABA signaled in its letter that the nomination process was being rushed through without an appropriate investigation, effectively siding with Democrats who have called for the Justice Department to look into Blasey’s claims. 

 

“Each appointment to our nation’s Highest Court (as with all others) is simply too important to rush to a vote,” the letter, shown above, says. “Deciding to proceed without conducting additional investigation would not only have a lasting impact on the Senate’s reputation, but it will also negatively affect the great trust necessary for the American people to have in the Supreme Court.”

It concludes: “It must remain an institution that will reliably follow the law and not politics.”

  • This article originally appeared on HuffPost.
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