Senator's dramatic demand spurs Trump to order FBI Kavanaugh probe

WASHINGTON, Sept 28 (Reuters) - A dramatic last-minute demand by Republican Senator Jeff Flake on Friday prompted President Donald Trump to order an FBI investigation into his Supreme Court nominee Brett Kavanaugh over sexual misconduct allegations that have riveted the country and imperiled his confirmation chances.

With tempers flaring on both sides, the Republican-led Senate Judiciary Committee approved Kavanaugh's nomination and sent it to the full Senate over Democratic opposition, with Flake providing the decisive vote.

But Flake, a moderate Republican who is retiring from the Senate in January, cast his vote only after asking the panel to request that the Trumpadministration pursue an FBI probe of the explosive allegations against Kavanaugh and delay a final Senate confirmation vote for up to a week to let the investigation run its course. Trump granted the request.

Flake's action came a day after the Judiciary Committee's jarring and emotional hearing into the allegations against Kavanaugh that gripped the country, with a university professor named Christine Blasey Ford accusing him of sexually assaulting her in 1982 when both were high schools students in Maryland. Kavanaugh denied the accusation.

Flake's action came a day after the committee's jarring and emotional hearing into the allegations against Kavanaugh that gripped the country, with a university professor named Christine Blasey Ford accusing him of sexually assaulting her in 1982 when both were high schools students in Maryland. Kavanaugh denied the accusation.

In a statement issued by the White House, Kavanaugh said he would cooperate with the FBI.

"Throughout this process, I've been interviewed by the FBI, I've done a number of 'background' calls directly with the Senate, and yesterday, I answered questions under oath about every topic the Senators and their counsel asked me. I've done everything they have requested and will continue to cooperate," Kavanaugh said.

The prospect of a new investigation put the confirmation chances for Kavanaugh, a conservative federal appeals court judge nominated for a lifetime job on the top U.S. court, in further jeopardy in a Senate only narrowly controlled by Trump's fellow Republicans.

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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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Democrats, who have opposed Kavanaugh's nomination from the outset, had called for an FBI probe, but Republicans and Trump had opposed the move.

"The Senate Judiciary Committee will request that the administration instruct the FBI to conduct a supplemental FBI background investigation with respect to the nomination of Judge Brett Kavanaugh to be an Associate Justice on the Supreme Court," the committee said in a statement.

"The supplemental FBI background investigation would be limited to current credible allegations against the nominee and must be completed no later than one week from today," it added.

If confirmed, Kavanaugh would consolidate conservative control of the nation's highest court and advance Trump's broad effort to shift the American judiciary to the right.

"This country's being ripped apart here," Flake, with a pained look on his face, told his fellow senators about the nomination fight. .".. I think we can have a short pause," Flake added.

"We ought to do what we can to make sure that we do all due diligence with a nomination this important," said Flake, who earlier in the day announced he would vote for Kavanaugh in the committee.

Senator Lisa Murkowski, a moderate Republican who has not said how she will vote on Kavanaugh, quickly endorsed Flake's request before Republican leaders agreed to accept it.

"I'm going to let the Senate handle that. They'll make their decisions. And they've been doing a good job. Very professional," Trump told reporters in the Oval Office when told about Flake's request.

The Republican president, however, indicated he was sticking with Kavanaugh's nomination, saying he has not thought "even a little bit" about a replacement for his nominee.

The committee moved to advance the nomination 11-10 on party lines, with Trump's fellow Republicans voting yes and Democrats voting no.

"All I've said to Senator Flake is I would advocate for the position he took, but I don't control that," said Senator Chuck Grassley, the Republican chairman of the committee.

Even before Flake's announcement, it was unclear if Republicans had the votes to confirm Kavanaugh on the Senate floor. Republicans hold a slim Senate 51-49 majority, making the votes of two other so-far undecided Republican moderates crucial: Murkowski and Susan Collins.

Trump said Murkowski and Collins must do what they think is right. Murkowski said she supposed Flake's move, as did moderate Democrat Joe Manchin, who has not yet announced how he will vote on Kavanaugh.

On the Senate floor, Trump can afford to lose the vote of only one senator in his own party if all the Democrats vote against Kavanaugh and Vice President Pence casts a tie-breaking vote.

Trump said he found Ford's testimony "very compelling" and Kavanaugh's angry and defiant response "incredible."

"I just want it to work out well for the country. If that happens, I'm happy," Trump added.

Just before the scheduled vote in the committee, Flake left the room to talk to some Democrats, adding turmoil to the proceedings. During the delay, senators and aides could be seen in the committee room having hushed conversations, with some going back and forth to an anteroom of the committee chamber.

"It is my hope that we could work together on a bipartisan basis to diligently pursue an FBI investigation within the next week, not for the purpose of delay but for the purpose of investigating further - either allegations made by Dr. Ford or others," said Democratic Senator Chris Coons, who played an important role in the negotiations.

Earlier in the day Flake, who had previously raised concerns about the allegations against Kavanaugh, said Ford gave "compelling testimony" butKavanaugh provided "a persuasive response."

Soon after Flake made his announcement that he would vote for Kavanaugh, the senator was confronted in an elevator while on his way to the committee meeting by two protesters who said they were sexual assault survivors.

"That's what you're telling all women in America - that they don't matter, they should just keep it to themselves," one of the protesters shouted at Flake in an exchange aired by CNN.

"I need to go to my hearing. I've issued my statement," Flake said.

The timing of the panel's session gave committee members little time to review Thursday's extraordinary testimony from Kavanaugh and Ford.Kavanaugh accused Democrats of a "calculated and orchestrated political hit."

Democratic Senator Amy Klobuchar said that Republican leadership would have to listen to Flake and potentially other senators who want an FBIprobe.

Before Flake's move, committee Republicans voted down a Democratic motion seeking to subpoena Mark Judge, a Kavanaugh friend who Ford said witnessed the assault. Judge had told the committee in a written statement he does not recall any such incident. He is likely to be central to any FBI probe.

"If the FBI or any law enforcement agency requests Mr. Judge's cooperation, he will answer any and all questions posed to him," said his lawyer, Barbara Van Gelder.

 

'INTERGALACTIC FREAK SHOW'

As the committee, with 11 Republicans and 10 Democrats, set its vote, some Democrats left the room in protest. "What a railroad job," Democratic Senator Mazie Hirono said.

One Republican, Senator John Kennedy, called Kavanaugh's confirmation process "an intergalactic freak show."

Grassley said he found Thursday's testimony from both Ford and Kavanaugh "credible," but added, "There's simply no reason to deny JudgeKavanaugh a seat on the Supreme Court on the basis of evidence presented to us."

Senator Dianne Feinstein, the committee's senior Democrat, called Kavanaugh's remarks unseemly for a judicial nominee.

"This was someone who was aggressive and belligerent. I have never seen someone who wants to be elevated to the highest court in the country behave in that manner. In stark contrast, the person who testified yesterday and demonstrated a balanced temperament was Dr. Ford," Feinstein said.

Klobuchar noted that Grassley had thanked Ford for her bravery but nevertheless failed to back any further investigation.

"Where is the bravery in this room?" Klobuchar asked.

The controversy has unfolded just weeks ahead of the Nov. 6 congressional elections in which Democrats are trying to seize control of Congress from the Republicans, against a backdrop of the #MeToo movement against sexual harassment and assault.

Democrats said Kavanaugh's confirmation could taint the Supreme Court, which prides itself on staying above the political fray.

"Voting to advance and ultimately confirm Judge Kavanaugh while he is under this dark cloud of suspicion will forever change the Senate and our nation's high court. It will politicize the U.S. Supreme Court," Democratic Senator Patrick Leahy said.

The American Bar Association, which earlier endorsed Kavanaugh, and the dean of Yale Law School, which Kavanaugh attended, also called for anFBI probe on Friday, the first indication of the legal profession turning on the nominee.

Kavanaugh could be the deciding vote on contentious legal issues if he is confirmed to the nine-member court, with disputes involving abortion, immigration, gay rights, voting rights and transgender troops possibly heading to the court soon. The court begins its next term on Monday, down one justice after the retirement of conservative Anthony Kennedy effective in July. Trump nominated Kavanaugh to replace Kennedy.

(Reporting by Richard Cowan and David Morgan; Additional reporting by Lawrence Hurley, Amanda Becker, Andrew Chung, Roberta Rampton Susan Heavey and Bernie Woodall; Editing by Will Dunham)

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