Live: Judge Kavanaugh faces sexual assault allegation | CNN Politics

Supreme Court nominee faces sexual assault allegation

Supreme Court nominee Judge Brett Kavanaugh testifies before the Senate Judiciary Committee during the second day of his Supreme Court confirmation hearing on Capitol Hill September 5, 2018 in Washington, DC.
Kavanaugh accuser Christine Blasey Ford willing to testify
02:03 - Source: CNN

What we're covering here

  • The latest: The legal team for Christine Blasey Ford, who has accused Supreme Court nominee Brett Kavanaugh of sexual assault, and the Senate Judiciary Committee are working out the details for a possible hearing next week. The committee will likely propose Wednesday as the date.
  • What Trump’s saying: The President tweeted this morning disparaging Ford and saying Kavanaugh is “under assault.”
  • Recapping this week: The Senate Judiciary Committee had called on Ford to testify on Monday, but she said she wants an FBI investigation first.
  • What about the Kavanaugh vote? The judge is facing the conformation of a lifetime. Here’s where Senators stand on his nomination now.
112 Posts

Grassley says if no agreement on Ford testimony, committee will vote Monday

Senate Judiciary Committee chairman Chuck Grassley said if there is no agreement tonight on testimony by Christine Blasey Ford, the committee would vote on the Brett Kavanaugh nomination on Monday. 

The deadline has been extended to 10pm.

The statement:

“Despite the fact that the July 30th letter remains hidden, my committee has been investigating the allegations and has heard from multiple witnesses since Sunday. Ms. Katz has discussed Dr. Ford’s allegations in numerous media interviews and said on TV Monday morning that Dr. Ford wants to share her account with the Senate Judiciary Committee. It’s Friday night and nothing’s been agreed to despite our extensive efforts to make testimony possible,” Grassley said. “I’m extending the deadline for response yet again to 10 o’clock this evening. I’m providing a notice of a vote to occur Monday in the event that Dr. Ford’s attorneys don’t respond or Dr. Ford decides not to testify. In the event that we can come to a reasonable resolution as I’ve been seeking all week, then I will postpone the committee vote to accommodate her testimony. We cannot continue to delay.”

Ben Carson says good people won't want to serve in government after Ford's allegations

Secretary of Housing and Urban Development Ben Carson said people will be less inclined to accept high-ranking government positions after Christine Blasey Ford’s allegations of sexual assault against Brett Kavanaugh.

He added: “First of all, sexual predators… it’s abominable, there’s no room for it. Having said that, we must recognize that there are two sides to every story.”

Carson, who was speaking in a personal capacity at the Christian political conference, spoke at length about the importance of confirming Brett Kavanaugh into the Supreme Court. Carson said that “(Democrats) thought they had the courts, but it was snatched away from them in November of 2016.” 

“They realized that they are going to lose the courts for another generation,” he said. “So what is left? Chaos and destruction.” 

Ford has until 5 p.m. ET to respond to Senate GOP offer

Christine Blasey Ford and her legal team have until 5 p.m. ET to respond to the Senate GOP offer, a source says.

The offer… 

  • Proposes Wednesday as the hearing date.
  • Calls for the use of an outside counsel (instead of having senators ask the questions).
  • Calls for Ford to testify first, before Brett Kavanaugh.

Sen. Susan Collins appalled by Trump's tweets about Kavanaugh accuser

Republican Senator Susan Collins said she was “appalled” by President Donald Trump’s tweet disparaging Christine Blasey Ford, who has accused his Supreme Court nominee Brett Kavanaugh of sexual assault.

Sen. Susan Collins on Capitol Hill September 17, 2018.

“I was appalled by the President’s tweet,” said the Maine senator, who spoke to reporters at an event Friday afternoon.

“We know that allegations of sexual assault – I’m not saying that’s what happened in this case – but we know that allegations of sexual assault are one of the most unreported crimes that exist so I thought that the President’s tweet was completely inappropriate and wrong.”

Collins, a crucial swing vote on Kavanaugh’s nomination, added that “we should attempt to make this as comfortable a process for her as possible.”

In a series of tweets Friday morning, President Trump called Kavanaugh “a fine man,” and suggested that Ford should have come forward with her allegations earlier, casting doubt on her credibility.

What undecided Republicans have said about Kavanaugh's nomination

Sen. Lisa Murkowski

Whether Brett Kavanaugh is successfully confirmed to the US Supreme Court has become a question of Senate math.

Republicans hold a slim 51-49 majority in the chamber. If all Democrats oppose his nomination, he’ll need every Republican to vote yes. (If only one Republican opposes Kavanuagh, but every other Republican supported him, Vice President Mike Pence would have to cast a tie-breaking vote.)

Some Republicans are still undecided. Here are three we’re watching — and what they’ve said about the judge:

  • Lisa Murkowski of Alaska on July 9 — “While I have not met Judge Kavanaugh, I look forward to sitting down for a personal meeting with him. I intend to review Judge Kavanaugh’s decisions on the bench and writings off the bench, and pay careful attention to his responses to questions posed by my colleagues on the Senate Judiciary Committee.”
  • Jeff Flake of Arizona on July 9 — “As I have said before, approving a nominee who will interpret the Constitution rather than legislate from the bench should be our top priority. I look forward to meeting with Judge Kavanaugh and reviewing his record throughout the confirmation process.”
  • Susan Collins of Maine on September 12 — “I am still completing my due diligence. I spent an hour today going through the committee’s sensitive documents at the Judiciary Committee that have not yet been released. I would note, however, that every document Democrats asked to have cleared and released was released by the order of the Justice Department and President Bush. So what I’m finding is that a lot of the information has not necessarily been accurately presented, and that’s why I think it’s really important I continue my review. I am also going to be talking to the judge later this week with a few more questions that I have.”

Wednesday hearing may not be a sure thing, Dem aide says

Last night, Ford’s camp said that she couldn’t get to DC before Thursday because of everything her family is dealing with, a senior Democratic leadership aide tells CNN. This means Wednesday’s hearing date may be an issue for the talks going forward.

US Marshals investigating threats against Kavanaugh and his family

The US Marshals Service is investigating threats against Supreme Court nominee Brett Kavanaugh and his family, according to a source close to Kavanaugh.

As a judge, Kavanaugh gets Marshals Service protection.

A senior administration official previously told CNN that the number of death threats made against Supreme Court nominee Kavanaugh and his family have increased since Ford’s allegations came to light. There are several current threats against the Kavanaughs that law enforcement deems credible, while several others have been opened and closed since he was nominated, sources said.

Democrats push back on the GOP's hearing proposal

There are Democratic concerns about the Senate Judiciary Republicans’ proposal for a hearing with Christine Blasey Ford — specifically with the GOP’s plan to have outside counsel ask the questions.

“Outside counsel doesn’t vote on Kavanaugh. Senators do. Republicans need to do their jobs and not hide,” a Senate Democratic leadership aide said.

Why Republicans want the outside counsel: Republicans on the committee agreed to hire outside counsel — a woman with experience on these issues — to ask the bulk of the questions at the hearing. This is for both optics (all 11 GOP members are men) and order (there are concern that the hearing would be deemed a political circus.)

This is not what Ford and her lawyers want: Ford’s attorney Debra Katz said outside counsel would make the hearing appear too much like a trial.

Ford will speak to the FBI today about death threats, not Kavanaugh allegations

Per a source close to Christine Blasey Ford, she will talk to the FBI today in San Francisco about death threats against her. The investigation is not looking into allegations regarding Brett Kavanaugh, just about the threats she’s received.

In an email sent to the Senate Judiciary Committee Thursday, Ford’s attorney Debra Katz wrote, “As you are aware, she has been receiving death threats, which have been reported to the Federal Bureau of Investigation, and she and her family have been forced out of their home.”

Ford’s other attorney, Lisa Banks, also wrote a letter to the committee saying that her client had been the subject of “vicious harassment,” including death threats.

Ford has not been seen publicly for several days.

CNN reported on Thursday that both Brett Kavanaugh and Ford have received a slew of death threats in recent days.

Citing an internal law enforcement report that details threats to the protectee, a senior administration official told CNN Thursday that the number of death threats made against Supreme Court nominee Kavanaugh and his family have increased since Ford’s allegations came to light. The official said there are several current threats against the Kavanaughs that law enforcement deems credible, while several others have been opened and closed since he was nominated.

Kavanaugh, who is married with two daughters, has received around-the-clock protection from US Marshals since President Donald Trump nominated him to the bench in July.

Committee will likely propose Wednesday for hearing with Ford

Two sources say the Senate Judiciary Committee will likely send a proposal to Christine Blasey Ford’s lawyer proposing a Wednesday hearing, with Ford testifying first and Brett Kavanaugh second.

The proposal would have outside counsel asks the questions.

Ford had asked that Kavanaugh testify first, but congressional aides, said that is a non-starter. It’s not how the committee works, they said, and given Kavanaugh would need to respond to Ford’s testimony, it will not occur. 

Watch more:

Yale Law professors tell Senate non-partisan investigation required to maintain trust in Supreme Court

A group of faculty members from Yale Law School — which Brett Kavanaugh graduated from — are urging the US Senate to “conduct a fair and deliberate confirmation process” amid allegations that the judge sexually assaulted Christine Blasey Ford.

The letter continued: “Allegations of sexual assault require a neutral factfinder and an investigation that can ascertain facts fairly.”

Here’s the full letter:

Why some people hesitate to report sexual assault and misconduct

President Trump tweeted this morning that Christine Blasey Ford — who has accused Brett Kavanaugh of sexual assault when they were both in high school — would have reported the alleged attack at the time if it was “as bad as she says.”

But it’s not unusual for victims to wait to come forward.

Here are some reasons why some people hesitate to report sexual assault and misconduct:

  • They lose their privacy. Ford tried to keep her allegations against Kavanaugh confidential, fearing that publicly accusing him “would upend her life,” according to the Washington Post.
  • They think no one will believe them. One of Ford’s lawyers advised her to take a polygraph test, suspecting that people would call Ford a liar if she came forward.
  • Their names will be dragged through the mud. Anita Hill endured vicious character attacks during and after she testified in Supreme Court Justice Clarence Thomas’ nomination hearings. She accused him of sexually harassing her as her supervisor at Department of Education and the Equal Employment Opportunity Commission.
  • Their motives are questioned. When the Washington Post published accounts from four women who said Alabama Senate candidate Roy Moore pursued them as teenagers, Moore’s supporters said they found the timing “suspect.” The Senate race was just weeks away, leading many, including Moore’s wife, to accuse the women of conspiring with the “liberal press” to get “involved” with the race.
  • They fear professional consequences. Former CBS executive Les Moonves denies allegations that he abused his position of influence to coerce female actresses and producers into unwanted sexual activity.
  • They blame themselves. American gymnast Simone Biles has described the guilt victims carry around after being violated. The Olympic champion said she was sexually abused by doctor Larry Nassar, but before speaking up, Biles said she grappled with whether she could have done something to prevent what happened, even though she did nothing to cause it.

Trump tweets: TAKE THE VOTE!

President Trump is criticizing Democrats for holding onto a letter from Christine Blasey Ford detailing sexual assault allegations against Brett Kavanaugh, saying the party released it now to “Obstruct & Resist & Delay.”

He demanded the Senate vote on Kavanaugh’s nomination even if Ford doesn’t testify next week.

Here is the President’s latest tweet:

What he’s talking about: The letter detailing the allegations against Kavanaugh was hand-delivered to Sen. Dianne Feinstein’s office on July 30. But the California Democrat didn’t release it right away.

Feinstein said she privately held on to the letter because the accuser had asked her to keep them confidential. She waited until late last week to provide the letter to the FBI — only after a news report surfaced detailing the existence of the letter.

GOP senators are about to have a phone call. It could dictate the next steps.

Senate Judiciary Chairman Chuck Grassley will hold a call with the 10 other Republican members of the committee in the next half hour, per a source with direct knowledge.

Why this matters: This is a key discussion that will dictate how Grassley officially responds to the requests and conditions made by Christine Blasey Ford’s lawyer.

And for context, it was the committee member meeting on Monday that led to the decision to schedule a hearing in the first place. Sen. Jeff Flake, in that closed door meeting, made clear he would oppose Kavanaugh if Ford was not given an opportunity to testify publicly. That led GOP leaders to shift course and schedule the hearing, so this phone call — and how senators like Flake feel about the path forward — will go a long way in dictating the next steps. 

We’re not sure how long this could take. There’s no scheduled stop time for the call — it will continue as long as senators want to discuss, and eventually coalesce around, a path forward.

The Senate will likely respond to Ford's team later today

Senate Majority Leader Mitch McConnell and Senate Judiciary Committee Chairman Charles Grassley

A Hill source says the Senate Judiciary Chairman Chuck Grassley and Senate Majority leader Mitch McConnell have discussed the hearing proposals from Christine Blasey Ford’s legal team.

Member-level discussions will continue today before they respond to her — which will likely respond later today.

Mitch McConnell tells supporters to keep the faith: Kavanaugh will be on the Supreme Court

Senate Majority Leader Mitch McConnell is confident that President Trump’s Supreme Court nominee Brett Kavanaugh will eventually be confirmed.

Speaking at the 2018 Values Voters Summit this morning, McConnell said…

Watch the moment:

Which of Ford's hearing requests are red lines (and which are non-starters)

Last night on a call with Senate aides, Christine Blasey Ford’s attorney, Debra Katz, laid out key conditions for a possible hearing with the Senate Judiciary Committee, multiple sources with direct knowledge of the call said.

Those sources said they didn’t view all the requests as red lines — just a few. That is why most believe they are on the road to the hearing. 

Here are the conditions — and where they stand now:

  • The hearing cannot be on Monday. This one is not negotiable and is a red line. Katz proposed Thursday, which is possible, but not by any means set at this point. 
  • Ford will not be in the same room as Kavanaugh. This one also isn’t negotiable, but it’s also not a huge ask. Witnesses can be separated and enter and leave at different times. It’s not an extraordinary request. 
  • Ford’s safety is key. This is the final non-negotiable ask. Ford must be made to feel safe, which, given the threats that Katz laid out that have been directed toward Ford since this was all made public, is understood by all parties. 
  • No outside counsel is to ask questions. Republicans on the committee agreed to hire outside counsel — a woman with experience on these issues — to ask the bulk of the questions at the hearing. This is for both optics (all 11 GOP members are men) and order (there are concern that the hearing would be deemed a political circus.) But Katz said this would make the hearing appear too much like a trial. This wasn’t viewed as a red-line by Republicans, according to the sources, and wasn’t agreed to. It will be discussed among committee members and staff. 
  • The committee will subpoena Kavanaugh’s friend Mark Judge. Ford has alleged that Judge was also in the room at the time of the alleged assault. This is a non-starter for Republicans, who are firmly against allowing anyone outside the committee dictate who or what to subpoena. 
  • Kavanaugh must testify first, before Ford. This, according to congressional aides, is a non-starter. It’s not how the committee works, and given Kavanaugh would need to respond to Ford’s testimony, will not occur. 

Kavanaugh's prep school wrote a letter to parents

The president of Georgetown Prep — the school Brett Kavanaugh attended at the time of the alleged sexual assault — has sent a letter to parents, students and alumni. CNN has obtained a copy of it.

The letter does not mention Kavanaugh by name but talks about the “challenging time for Prep.” 

President James R. Van Dyke writes…

He also wrote that it is time to talk with Prep students “bluntly about what respect for others, especially respect for women and other marginalized people means in very practical terms — in actions and in words.”

Kellyanne Conway says there's no reason to attack Ford — moments before Trump attacks Ford's allegation

Just moments before Trump began tweeting attacks on Christine Blasey Ford’s claim that she was sexually assaulted by Brett Kavanaugh, Counselor to the President Kellyanne Conway told reporters said “there’s no reason” to attack Ford.

After appearing on New Day this morning, Kellyanne Conway spoke with reporters on the North Lawn of the White House and answered questions on Kavanaugh and Ford.

She continued: “The President is defending his nomination to the United States Supreme Court as a man of character, integrity, impeccable academic and judicial qualifications … The President is defending his nominee, but that nominee needs to defend himself against what he says are uncategorical and unequivocally false allegations.”

Just after that, Trump tweeted that Kavanaugh is being “assaulted” and suggested that Ford would have filed charges immediately after the alleged attack if it “was as bad as she says.” He also questioned why the FBI wasn’t involved decades ago, when the alleged assault occurred.

Here are the tweets:

GO DEEPER

Ford told friends she is uncomfortable in enclosed spaces
Trump questions why Kavanaugh accuser didn’t call the FBI after alleged assault
Whip list: Where senators stand on Supreme Court nominee Brett Kavanaugh
This is why people hesitate to report sexual misconduct

GO DEEPER

Ford told friends she is uncomfortable in enclosed spaces
Trump questions why Kavanaugh accuser didn’t call the FBI after alleged assault
Whip list: Where senators stand on Supreme Court nominee Brett Kavanaugh
This is why people hesitate to report sexual misconduct