tomorrow if jeff flake had not done what he did. he may yet be confirmed. i think the odds still favor brett kavanaugh being confirmed, but this investigation will take place and the only reason it's taking place is because jeff flake stepped up. it was a courageous act. it was an important act. and it would show that my criticism of him was wrong. >> what do you think, phil? >> i disagree. i don't have any sympathy. we went into this and both sides, senator feinstein gets an allegation t senate's had it for a while, there's a simple solution here. this is not hindsight. the solution is, we have an investigation, we don't in the senate have trained investigators who can follow up. we have an issue of credibility. we also have an issue where two people were put on a show yesterday, they didn't have to be put on. that investigation could have happened in private. if you'd followed standard protocol, you would say if i were being investigated and this came in, the investigation restarts. the only reason he's there is that she was credible. otherwise, he doesn't have to