Manchin remains undecided on Kavanaugh; group travels to urge opposition

WASHINGTON — The nomination of Brett Kavanaugh to the U.S. Supreme Court rests with a few senators, one of whom is Democratic Sen. Joe Manchin.

The U.S. Senate is scheduled to vote 10:30 a.m. Friday to end the debate regarding Kavanaugh’s nomination, which needs 50 votes to advance given a supporting vote by Vice President Mike Pence. A confirmation vote could happen as early as Saturday.

Senators received access Thursday to the FBI’s investigation into sexual assault allegations against Kavanaugh. The inquiry comes in light of testimony by California professor Christine Blasey Ford, who said before the Senate Judiciary Committee last week Kavanaugh sexually assaulted her when the two were teenagers.

Kavanaugh has denied the allegations, as well as separate accusations of sexual misconduct.

Manchin supported the need for an inquiry, which came following a request from Arizona Sen. Jeff Flake.

Democratic committee members criticized the final report for what they described as its limited scope; the FBI did not interview Kavanaugh or Ford.

“Republicans have already declared there wasn’t a ‘hint’ of misconduct. But based on our briefing and review of the documents, despite the obvious restrictions that were placed on the investigation, that is not true,” the lawmakers said. “In addition, we already had serious concerns about Judge Kavanaugh’s truthfulness, and nothing in this investigation assuaged those concerns.”

Judiciary Committee Chairman Chuck Grassley, R-Iowa, said he trusted the FBI’s report, adding it is time for the Senate to take up the nomination.

“Judge Kavanaugh is one of the most qualified nominees to ever come before the Senate. He’s served with distinction for twelve years on the nation’s most important circuit court and dedicated himself to serving the American public,” he said. “We know that he will be an excellent justice because he’s been an excellent judge.”

According to Manchin communications director Jonathan Kott, Manchin was around halfway through reading the single version of the report Thursday afternoon before being asked to leave so Republicans could read it. Kott said Manchin will finish reviewing the document Friday before the vote.

Manchin is the only Democrat who has yet to state a position on the nomination; North Dakota’s Heidi Heitkamp, who like Manchin is running for reelection this year, said Thursday she would be voting against Kavanaugh.

Manchin, Heitkamp and Indiana Sen. Joe Donnelly were the only Democrats last year to vote in favor of confirming Neil Gorsuch to the high court. Donnelly, also running this year, announced last week his opposition to the nomination.

Sens. Susan Collins, R-Maine, Lisa Murkowski, R-Alaska, and Flake are also undecided on Kavanaugh. Collins told reporters in Washington the investigation seemed “very thorough.”

Sen. Shelley Moore Capito, R-W.Va., an early supporter of Kavanaugh, released a statement Thursday reaffirming her support.

“After careful consideration and having reviewed the facts presented, as well as the supplemental FBI file, I plan to vote to confirm Judge Kavanaugh. Since President Trump announced his nomination, I’ve been consistently impressed with Judge Kavanaugh’s commitment to upholding the Constitution as written; respecting the rule of law; and being a good husband, father, and public servant. That’s why I have been supportive of him throughout the confirmation process and why he continues to have my support,” she said.

“I also said from the beginning that Dr. Ford’s allegations should be taken seriously, as should any allegation of sexual assault, and I believe Chairman Grassley and his staff on the Judiciary Committee have investigated and addressed them fairly and transparently,” she added. “This is not a decision I took lightly, but it is one I believe in strongly.”

Both Capito and Manchin have faced pressure regarding the nomination; the American Civil Liberties Union began running advertisements this week as part of a seven-figure, multi-state campaign in opposition to Kavanaugh, while the Judicial Crisis Network launched a $210,000 effort urging Manchin to support confirmation.

The Judicial Crisis Network’s advertisement comes after a poll conducted on behalf of the organization found 58 percent of West Virginians support putting Kavanaugh on the bench.

West Virginians are also pressuring Manchin; nine protesters were arrested at Manchin’s Charleston campaign office early Tuesday morning following a sit-in against confirmation. The group did speak to Manchin over the phone that evening.

Three of those protesters, as part of a group consisting of 46 West Virginians, met with Manchin as well as Capito’s staff Thursday to discuss their opposition to the nomination.

Caitlin Gaffin said she first began telling people two years ago about when she was sexually assaulted. According to Gaffin, she was sexually assaulted when she was 14, 15, and 19 years old.

“The events during the past week — having to watch Dr. Ford’s testimony — stirred up so much with many of us who are sexual assault survivors. And I feel like not only am I living the trauma of my own sexual assault, but I’m reliving the trauma of having to speak out on my own sexual assault,” she said.

“I understand why survivors of sexual assault don’t speak up, and one of the reasons is we’re met with this questioning of folks needing more information than we’re able to give. I didn’t report it. There was no evidence. It was just my word against someone else.”

Gaffin was part of the group that met with Manchin.

“He was ready and willing to listen, and he did listen to us. As we shared our stories, he was teary-eyed at the beginning,” she said in a telephone interview. “He let us speak.”

Gaffin said she is disappointed Manchin has not made a decision regarding Kavanaugh but appreciated his willingness to listen.

“I would like to tell Sen. Manchin to please just to believe us, to hear us and to show that he believes and stands with West Virginia women by showing that with a vote of ‘no’ on Kavanaugh,” she said emotionally.

“I hope that when he comes in for the vote that he remembers us.”

Manchin’s Republican opponent for Senate and state Attorney General Patrick Morrisey is also among those supporting Kavanaugh’s confirmation.





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