Senate committee votes to proceed with Kavanaugh confirmation

Senator Flake votes yes on Kavanaugh, but wants FBI investigation
19:27 | 09/28/18

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Transcript for Senate committee votes to proceed with Kavanaugh confirmation
And we are going to continue this special report here on ABC news live again a big curve ball today from Capitol Hill Republican senator Jeff flake. Went into committee to vote fraud agenda senate judiciary committee to advance. Brett Cavanaugh nomination for the Supreme Court to the full senate floor however. Flake the eleventh vote for the Republicans a tiebreaker due if you will put a condition. On his floor vote essentially saying that he. Needs to see an FBI investigation. In the next week. We have senator Chris Cannon speaking on Capitol Hill let's listen. Me. To consider a one week delay so that the FBI. Might more thoroughly investigate allegations that are currently before us. In the course set unfolding. This day. Senator flake with who might have traveled with who might have worked with whom I have legislated. And whom I have great respect for asked the economy to the interim to talk with him about how that might be made more real. And I'll let obviously senator flake should speak for himself but I think he showed. I'm courage and determination today making it public that he will not support moving ahead. With a final vote on a judge Kavanagh on the floor in less there is a the reef. FBI investigation that is limited in scope and time to the current allegations. I'm it is my hope and expectation. That a report from the FBI will be delivered to the Judiciary Committee members. To allow them to further formed their vote. This is the outcome of a number of conversations I've had with a number of colleagues. I'm in both parties. Several of us in the Democratic Caucus have been calling for further after FBI investigation. Am of allegations that have been made. And I'll just conclude by saying this I think yesterday's very long hearing. Was a a difficult day for doctor Ford a difficult day for judge Kavanagh. And I think it was difficult for the American people to see our Judiciary Committee the senate so divided. And the tone generally so partisan. What I'm encouraged by is that in a ante room back call conversation first that senator flake. And then with senator Feinstein and then with many other senators of both parties. I am there was a broad agreement. That that this committee has been too divided too partisan in this process. And a hope. That by having the FBI look into these allegations for just a few more days. Limited in scope and time. That we can both show respect. For victims who have come forward with allegations. And give judge Kavanagh some prospect of his name being cleared in some ways before a final vote. And give the members of the committee and of the senate. Some reason to have more confidence before proceeding to a final vote at any questions. To recap senator flake Republican from Arizona has essentially east voted in favor of moving Brett Cavanaugh nomination to the full floor but has essentially said he will not vote for Kavanagh. On the full floor without seeing an FBI investigation. With a limit of up to a week to conduct that investigation. Cecilia Vega is outside the White House to say there are few things. In question here that make it so that flakes. Move right now could be useful or not and one of those is you'd White House to issue an FBI investigation. The president has essentially said that he'll defer to the senate but he hasn't had a whole Lotta time to think about this so I think this plays out. Right I think it's too soon to go back pain but you're exactly right it is the White House that needs to order. This FBI investigation and this White House this president has made very clear that that is not something they want to do in fact it's been a go to. Talking point in this debate about judge Kavanagh and his nomination. It is Supreme Court they have said that he has been repeatedly six times investigated by the FBI. Over the course of his years on the bench. And and they feel like that is sufficient terms of a background check for him. I do have to say that comes with a caveat those FBI investigations all happen. Well before these allegations came to light a sexual assault allegations. Levied by doctor fort. We know that the press corps was just inside the Oval Office we just heard from president trump. You just set it he's deferring to what the GOP Republican senators on the Judiciary Committee decide they want to do. Lindsey Graham himself just that I I guess somebody's going to have to explain it to the president I guess that will be my job so. What comes from that conversation I think we have to wait a few hours to find out how the White House is digesting this. And of course frankly how Mitch McConnell office the leader's office is what what their going to do with this because if they end up recommending. To the White House to launch this FBI investigation it sounds like based on the president's. Did words just now that that is what will happen but if in fact the recommendation is to not move forward with that then they wild horse all of this though. Hanging in the balance as this Jeff flake vote this has just been. An astounding moment in American politics that we are watch playing out in real time as if it were Hollywood movie or TV screens really just something I've never seen before. It really is just twist after twist it seems like and I wonder if there might be another one added you think there's any candidate come out. In this potential FBI investigation that could impact the president to the point where he rescind his nomination and it's only even make a vote. That's a good question we really don't know I mean just has press conference two days ago the president said that he was willing to keep an open mind that if he heard something. From doctor Ford in her testimony. To the Judiciary Committee he would be willing to act changes fine and perhaps there is something in an FBI investigation if one goes forward that would change the president's mine in terms of Cabot has fitness. For the bench but you know like they they really believe that the FBI has thoroughly investigated him. The million dollar question in all this is mark judged the friend and and what the FBI investigation that presumably would include an interview with mark judge. Would revealed that perhaps. All right Cecilia Vega from outside the White House is Eilat to keep up with thanks a lot we appreciate it. And now let's check in with Terry Moran Terry has been monitoring this entire process for us he's outside the Supreme Court. Kerry and other curb side and inside there is the pictures. Should carry. Well you know there's so many questions now as to what happens from here and I guess my first one is. What happens if McConnell wants to disregard. This does it seem like they can move forward with athletes vote. Well as senator Bob Corker is saw told reporters he's a Republican has Mitch McConnell the Smart guy if he had the votes he he'd move the vote and move it forward doesn't have a vote yet. Part of it is Jeff flake is one of the minutes of that flake has brought a couple of others with them perhaps Susan Collins Lisa Murkowski others who seemed. On the fence about this nomination at this point but justice at this time out for just second. And let's take think about what just we just saw a compromise. We just off I'm lives. Not compromise. Between Republicans and that Democrats happen in front of our hot right. I don't know what the last time we saw such a thing one that was a compromise. And and it was a compromise in what changed minds. I would change minds when. I think and one of the reasons we heard president trump so restrained there is because that they can take a look at what's happening in this country. And I want to pay tribute to one woman in particular here whatever you think about this nomination. Kavanagh. If professor Ford. Republican Democrat. An ordinary American citizens stepped forward and held an elevator door open while. The United States senator was trying to go so and she said you have to listen to me. I'm up survivor of sexual assault and there were other women with her who also confronted Jeff flake who is you know he's it. If he's that we've demonstrated he's a guy who likes to listen likes to think himself as a as an honorable United States senator public servant. And those women woman in particular stop him in his tracks and changed history at least for right now how often does that. But not very bad that particular moment not very Terry but we have heard. Be senators throughout this whole process up pretty frequently. Remind people that being ripped would be residents of their state. Voted them into power and they are there to represent the people. Who voted the men and perhaps and we're not seeing that we're seeing those leaders thinking about the people they represent and what the people. Ultimately Juan. But then the question still remains as to what happens at the end of all this you know was quite an amazing moment particularly see someone who is as heated as Lindsey Graham through this whole thing. In the end kind of say OK yeah I could I could support that. As saying he really didn't that's kind of I think we see that compromise cemented a but what happens now. Well the FBI will look at the facts now it doesn't mean that the uprise gonna get all the facts mark judge. You know is is is it beach house in Delaware four hours from Washington as this publicity swirls around. He's a man has had a hard life is judge Cavanaugh mentioned he's a recovering addict he's recovering alcoholic. That some to be admired. And empathize with it is possible if a doctor Ford is telling the truth and and perhaps. Julius what think as well. That he committed sexual assault. As younger man there is no statute of limitations on felony sexual assault and marrow so. If he gets questioned by the FBI he might take that he might declined to answer. Because he has a constitutional right against incriminating himself. So it's possible that the FBI will try to get some information and not. Be able to get it but at least it gives them the opportunity should this compromise go forward. A for example what senator Sheldon Whitehouse Rhode Island showed today that entry in. In judge Kavanagh us calendar. From July of 1982 in which several of the people that doctor fort mentions are mentioned having brisk east together at somebody's house. Those are checked double facts now you can go to other witnesses. And I think that the having up diligent. As as. Senator flake said a diligent investigation is what happens next what that results in. Our descent. All right we'll find out soon enough Terry Marie and from Capitol Hill Terry thank you and we now have one of those women who was talking. To senator flake we're gonna get to her in just a moment but Mary outlook but I want to touch on senator Blumenthal because he spoke. Outside just a few minutes ago and he essentially said you know I just wanna say that this FBI investigation also have to be real in his words he said he can't you show. Or a charade is it possible that this whole thing actually happens and in the end the Democrats still aren't satisfied. Yes it's totally possible. And M and someone is what he was saying was that that could help Brett Cavanaugh. Is Brett how to not is going to be a justice and we want to make sure a Democrats are saying we would least like to make sure that more of the American people have stayed. And trust in him and an FBI investigation could help with that a little bit of sort of school house rocks and a reminder of our constitution. We have three equal branches of government and one is the judiciary I think Democrats and really. Zeroed in on this point today they've said regardless of what happens three decades it happens three decades ago we need the American people to not think that an entire branch of the government. Is tainted or clouded some way. And then less there's an investigation. There could be a dark spot on the judiciary and that is something that even Republicans should be concerned about. All right well maybe this will restore a little bit of say if this whole thing does go through I wanna get to Anna Maria arch Sheila issues on the phone with us in Anna Maria was actually one of the women that we showed that video. In the elevator talking to senator Jeff flake Emery to tell us limit about what happened in that moment. I am so I went to death like profit this morning to attract who would talk to him before he walked into the hearing. And I met a young woman barrack who also won it without restarting. Not immediately be far he came out of pit stop that we found out that he had what I statement saying he would support Brecht cap and out. So when we thought I am better and our bait and our desperation and just came out. Lighting and that we need for him commitment to our story Wii Sports and to look at them that they. And talent that he and at him whether he was sure that Brett Cavanaugh was telling the truth. Whether he looked okay with the country not having the opportunity for a full investigation. And whether he was the case means looking at his children and telling them that he was willing to put somebody accused of sexual violence in the Supreme Court. And what he's saying in that moment. He's that I am he said thank you thank you US Bradley trying to it. Just does that piceance eat what terribly uncomfortable. And bad you know a lot locked up things have been dead eyed but not my statement. And he didn't really want to engage in conversation without and we where maybe. Willing to let him go without actually looking at and torching him to listen to our stories and making him understand that gravity of the message that he was sending to the country. How do you feel knowing now all. What happened that senator flake has essentially just said I will not vote. To put Kavanagh threw without seeing an FBI investigation of up to a week. Do you think that you had an impact on that. I feel like. Everyone's been telling their stories had an impact everyone was told stories about their Keeler of losing their health care. About their experience of sexual or violent about why they didn't tell their stories. For many years. Doctor Ford school so bravely told her story the whole country everyone had an impact and I think. Today marry yet I just happened to beat. In the right place at the back I'm. To build it there at a final strong message to him but really because that we sold out every one and the not everyone has been telling their story and traveling to Washington DC and going to visit their senators. Because that we saw that all of our expert. And memory are you from Arizona what major target Jeff flake. I I went separate topic because I being prepared to act don't mind who sometimes like to affect his conscience let over his party. And I eighty dot patent may be he was the person that could. Big Mac and longer or better trust says. Instead of just jamming. Brett cabinet nominations through that Judiciary Committee comedienne that senate. App I do not live and I got a bad back I have content to Ammann activate my organization the center for popular democracy has been. Bringing people to whacking them along with the women Smart and partnership with the women's march and August 1 they'll have been. Trying to understand what won't different senators and to add cut my hopes on hand on senator play. They and one of your colleagues your colleague who is there with you just said that she changed history today. How do you both feel about. I think people across the country who are telling their story barricading history at weapon me. Like it being just my story alone it would have been of no consequence. It's really that fact that so many of pats have chosen to show not. To. There's grant hearings to get a grasp that the talent stories. You'll get a bit. What's keeping the court that mr. And it's not often activists get to see such a direct impact let alone one so quickly I mean you're talking hours later. But I'm curious Anna Maria what is it that you want to see happen now if what senator Slade is asking for does happen and an FBI investigation limited to a week happens before the Kavanagh vote takes place. Will that satisfy you. No I do not once he seed Brett cabinet and the Supreme Court. And did not not only because he's accused of sexual assault that because he's dangers are health care he has yet how did you. That. Oppose the rights of women to choose. I destiny and to control our body. So I would not be that it bite back I think that the country bed bath and that they believe this served up front then added. That is more complete. That is not simply a political bracket of the Republican Party imposing their political plan on the rest of the country by the next fifty years. And show. Act and act FBI investigation it bad bare minimum that the senate can do to act responsibly. These can be direct bit like millions of people who lad who will be shaped by the tipping court. So Kevin on May not be your choice but would you at least be more satisfied with the process at that point. Absolutely yes I think it is. I I was there are dismayed to go back at the end of that hearing yesterday that vishay committee was still going to go ahead with the vote. So I feel encouraged I feel. Tenant at feet of optimism. Right thing in price meet. Add that that. I democracy sometimes weren't. And that. And that what actions we can we get chip. We get employment. Wet at this senators and the members of congress are doing in Washington. Will it appears you certainly had an impact today Anna Maria Archie Lowe one of those women in the elevator Rick senator Jeff flake. Before he came out with this curve ball for the Senate Judiciary Committee Andrea thank you so much for joining us on the phone we really appreciate it. Thank you don't so again just to recap senator Jeff flake has voted with the Senate Judiciary Committee in all the Republicans in it to continue. To advance as set Brett Cavanaugh us nomination vote to the full senate floor he has however placed a condition on his vote on the full senate floor. That essentially he will vote no unless there is an FBI investigation that we'll take place. Over the course of the next week and limited two week so they're not delaying for too long. Now the question remains will the White House go along with that an issue an FBI investigation. President trump seems to say that he will defer to the senate Republicans on that which then begs the question will Mitch McConnell. The majority leader go ahead with that recommendation. That again remains to be seen but. It has been eventful morning and that does it for us right now on ABC news live but we of course will continue. To monitor this process as it continues and remember you can check your headlines out all day long at abcnews.com. Or at your ABC news app for ABC news live I'm Diane Macedo thanks for watching one.

This transcript has been automatically generated and may not be 100% accurate.

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