Transcripts For FOXNEWSW Americas Newsroom With Bill Hemmer And Sandra Smith 20180928

Histories. At times she was in tears as she encountered recounted an alleged assault. Judge kavanaugh then came in and defended himself, calling this a national disgrace. The details about that night that bring me here today are the ones i will never forget. They have been seared into my memory and have come back to me episodically as an adult. I have never done this. To her or to anyone. Its not who i am. It is not who i was. With what degree of certainty do you believe that Brett Kavanaugh assaulted you . 100 . Speak out what youre saying, if i understand it, is that the allegations by dr. Ford, ms. Ramirez, and him and ms. Swetnick are wrong. That is emphatically what i am saying. They were laughing with each other. And you were the object of the laughter. I was underneath of them while they laughed. I am innocent of the stars. You dont reach the conclusion. I hope the American People can see through this sham. This has become a national disgrace. The constitution gives the son of an Important Role in the confirmation process. But you have replaced advice and consent with search and destroy. I hate to say this, but this is worse with robert ford. I didnt think it could get worse. This is worse than the Clarence Thomas. I didnt think it could get any worse. Bill almost nine hours of testimony. Peter doocy back on the hill outside the hearing room. And peter, lets begin with you. If the republicans on the committee, do they have a vote . We dont know yet, bill. The retiring republican senator says it is a tough one, and he is still processing things. It is not a matter of needing more time. He is wondering aloud is this process continued . Where does it end . The longer that the nomination remains open, we know that more and more of these girls, anonymous and uncorroborated allegations will be made. Every republican from the committee was shouted out by angry protesters as they left late last night, but senator Lindsey Graham, who was fired up during the hearing, said they didnt matter. I thought what they did to cavanagh was despicable. They can yell. I believe him. There are 11 republicans and attend democrats on the Judiciary Committee, so if they are going to send it with a favorable recommendation, they need everybody on board. As to the questions about whether or not we may hear from mark judge, kavanaughs childhood friend, they just did. Mark judge assigned to a new letter where he says he knows nothing about the charges leveled by dr. Christine blasey ford and also writes as a recovering alcoholic and a cancer survivor, i suffer from depression and anxiety. I avoid public speaking. Brett kavanaugh and i were friends in high school, but we have not spoken directly in several years. But now hearing a little bit more from mark judge, it is a big problem for democrats. I think we owe it to the reputation of judge kavanaugh and most importantly to a number of women who have come forward with alarming allegations to actually investigate thoroughly rather than a oneday hearing. Still, senator dick durbin told me last night that there is nothing his side can do to stop this about this morning. Bill. Bill peter doocy, leading our coverage there on the hill. Thanks for that. Martha. Martha President Trump watching all of this unfold, tweeting out very strong support shortly after kavanaugh arrived of his hearing. Ellison barber watching all of this from the white house. Hi, allison. We have only heard from him directly in the tweet. He said that the testimony was powerful and riveting. After the process, the testimony itself, he said that the search and destroy a strategy is disgraceful. This process has been total sham. He added the senator must vote. He has not spoken about yesterdays hearing beyond that. No word from President Trump when it comes to doctor for its testimony. White house Officials Say that fourth testimony is credible. They just dont believe it judge kavanaugh assaulted her. It seems that she absolutely was wronged by somebody. It may turn out that they are both right, that she was sexually assaulted, but that he had nothing to do with it. I think doctor for its testimony, i thought it was very compelling, but it also lacked any evidence. It didnt have any corroboration, and i think thats one of the big differences that you saw between doctor for its testimony and judge kavanaugh. Martha all saying that te senate should go ahead and take a vote. Sarah sanders said that the white house feels the senate should move ahead with that vote, even though the American Bar Association is now saying that they believe the Senate Judiciary committee should hold off until the fbi get started on an investigation. Martha. Martha its not over till it is over. Thank you very much. Bill lets bring in jonathan turley, professor at George Washington university and fox news contributor. Welcome back. We will see what we get in about 20 minutes. Good morning, professor. I can see you now, i do believe. There you are. Democrats yesterday consistently came back to you two things. One of which was the question of did you ever black out . The question goes to why . Why was that line of questioning so persistent . What would explain that from a legal sense . First of all, i thought that the democrats were remarkably uncoordinated and really ineffective in their questioning of kavanaugh. They have had a very carefully orchestrated plan until that point, but it seemed to sort of fall apart. He put them back on their heels a little bit and going on the offensive. The returning theme to the alleged blackout could mean a couple of things. One, they were just a simply trying to see what might stick. The other is that they could have some new information. But there is only so many jump scares you can bring into one of these things without people leaving the theater. This whole hearing was controversial because of the delay by the democrats in releasing this information. I dont think they can add another jump scare at this point, literally an hour before the committee votes. Bill not to suggest that they wont try. They have sworn affidavits from several individuals. Perhaps someone submitted that testimony to the committee. Democrats can say hey, listen, he lied under oath. We must hear from this witness to figure out what the truth is. And perhaps thats the 11th hour play we see today. Possible or not . It could be. They consistently came back to that question. You know, i think that the democrats think that they overplayed their hand and this one. Had they not held to this letter, had they privately dealt with it, i think it might have been actually more effective. But the fairness of the delay really tainted the entire proceeding, and then when they finally got to those questions with judge kavanaugh, they really seemed to be flailing around for anything that could get traction. Bill rachel mitchell, the prosecutor according to politico him as she briefed lawmakers, and they are reporting that she did not tell them how to vote. However, she told them as a prosecutor, she would not charge kavanaugh. It would not even pursue a search warrant. Does not line up with your interpretation as you see it today . It did. It does. I wrote a column in the hill yesterday. The senators are wrong that there is no standard to look at this type of evidence. That is far too easy. And opportunistic. They have to have a standard. All of the standards that we know of really leave you short in terms of the evidence. I dont think this would satisfy even a preponderance of the evidence. It certainly would not satisfy clear preponderance, which is the standards that i think it should apply. It comes down to adopting a good faith standard. There is not a lot of evidence there. So you have two accounts of essentially they are equal in terms of credibility, but they are not necessarily equal in terms of evidence. He has the declarations of the alleged witnesses, saying that they dont recall the party. They dont recall ever being there. And that has to be weighed heavily. Bill thank you for your input today. Jonathan turley, professor there at washington university. Jeff flake had an interesting comment. He is a bit of a wild card. You have had a unique experience through the past five days, martha. You were with him and his wife in monday in washington, d. C. Some had suggested that he was not as expressive as he needed to be. Well, yesterday, he was a different man. What were your impressions . I think on monday, i think there were two reasons that he went out there and decided to speak. One was that he really wanted to defend himself. He had been chomping at the bit i think for the past ten days. The other is that the white house wanted to see how he would hold up under fire. He knew that the heat we would address the specific allegation allegations. I think the assessment, probably from the top on down was that he was too restrained, that he was not expressing himself enough, and the analogy that i made last night was that when i was talking to him, it was like he was simmering, but the cork was in the bottle. And when he walked in the room, i could see it on his face. It was completely different. He was so angry. And he was ready to let it rip essentially. And the cork was out of the bottle. This was his last stand yesterday. He had no choice. There was no turning back. The options for him were not to just go back to his old job. He cant go back to his old job if this is present in any way, or if it sticks to him. He also knew he had to prove it to the president of the United States. He had to take it to the max, and if he didnt do that, the president had signaled pretty clearly that he was willing to make another choice. Bill my sense was similar to how you describe that. If youre going to burn my house done, im going to burn yours down too. That was the attitude. Late yesterday, when jeff flake said we are not perfect people, we are trying to figure this out as we go. And then he said in the future, i would recommend more humility then you have. To me, that was a nod that he was a yes vote. However reluctantly. We will see what the others do. Martha we have sensed some things that certainly sound like that. We will find out. We will see you how they vote. Will judge Brett Kavanaugh cleared the Senate Judiciary committee, and what happens next if he doesnt . What they did to kavanaugh was despicable. 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Bill Lindsey Graham, stealing headlines, unleashing that rebuke for the democrats. Just a reminder, viewers have been through this process very y times. We watched for nine hours yesterday. What do you think kavanaugh did when he walked in that room yesterday for his nomination . He came into that room with mission. It wasnt to get confirmed, it was to win back his good name. And i think he won his good name as well. I think some republicans were a little nervous. Dr. Ford was compelling. Clearly seemed to be someone who experienced it some sort of trauma in her left, but judge kavanaugh came with facts, with evidence backing himself up, and he indicted the whole process here, which has been clearly mishandled, either through ineptitude or purposely by the democrats. Bill i was listening to senator ford last hour. It talking about a level of optimism that kavanaugh goes through. He based that on the private conversations that senators are having with each other. How does that work after hearing like that yesterday . Yeah, well i think in votes like this, those that are historic, significant, particularly ones that have been aspects to them like this confirmation process is, senators really talk to each other. This is above the paygrade of staffers like me. It was reported last night that several of the republicans and democrats who had been on the fence were talking together, just looking from the outside, hearing secondhand. It seems very likely to me that judge kavanaugh is going to get confirmed. He is probably going to get confirmed with Something Like 52 votes. Bill which would match Clarence Thomas from 27 years ago. Yeah, it would. Bill s different makeup in the senate clearly. Use your legal mind now. It showed the republicans be it secondguessing how they use the prosecutor . I dont think so. I think in retrospect of the decision looks pretty good, in contrast to how the democrats handle their questioning, which was so disjointed. It looked like there is a Real Advantage to having one trained lawyer handle Something Like this. Of course, it doesnt work as well as it could in this fiveminute pingpong session, where the prosecutor had to keep being interrupted and start over later. Maybe the formats could have been better. She also probably could have been a bit more probing of dr. Ford, but i think chairman grassley and his fellow republicans wanted to be as respectful of her as possible. Bill it seems like time ran out, but she never came back to the same line of questioning. I think for viewers watching, they wanted a conclusion to the point that she was making. He and Lindsey Graham decided late in the day it was time to take over. And you just saw Lindsey Grahams reaction there. Yeah. Absolutely. It cant be overstated how raw feelings are on that committee right now. Handling of this allegation that senator feinstein had. It is a gross violation of committee norms, how things are normally done. And she still hasnt offered a good explanation for it. I cant even imagine why. I think it is either that she found the letter not credible and a decided not to act on it, where she and her staff deliberately withheld it in an effort to play a lastminute sandbag. Neither looks good. Bill thank you for coming in. Does he get through this committee, yes or no . Yes. I think so. Bill thank you so much for your contribution. Martha interesting. We are moments away now. We are waiting for the senators to file in and take their seats and a showdown on capitol hill. It will reconvene in just moments. We will be joined by bret baier, but Chris Wallace, laura ingraham. All on deck. Coming out next. The day after the allegation occurred, i told this committee that i want to the hearing as soon as possible, to clear my name. I demanded a hearing for the very next day. Theres nothing small about your business. With dell Small Business technology advisors, you get the oneonone partnership to grow your business. The dell vostro 14 laptop. Get up to 40 off on select pcs. Call 877buydell today. call 877buydell today. You wouldnt accept from any one else. Why accept it from an allergy pill . Flonase relieves sneezing, itchy, watery eyes and a runny nose, plus nasal congestion, which most pills dont. Its more complete allergy relief. Flonase. Martha democrats on the Judiciary Committee fighting until the last minute to delay this scheduled vote on Judge Kavanaugh Supreme Court vote nomination which is scheduled to start in about 10 minutes. Lets bring in our d. C. Group, bret baier, marie harf, shannon bream, and learn and grow standing by. Great to have everybody together here this morning. Let me start with you. What to expect as we look at this . Starting to file in the room. A lot of speculation about jeff flake it, who has been very noncommittal. Appears to be leaning towards a yes, is that what you are hearing . It is tough to guess, just based on what he said last night, how he is leaning. He did have a meeting after the hearing yesterday. That is the person youre looking at in this committee vote. Remember, 11 republicans, ten democrats, and we dont know how this is going to go. They may all speak at some point, which could be a long affair, and we get a vote in the 10 00 or 11 00 hour, but the bottom line is this is about a recommendation from the Senate Judiciary committee to the floo floor. And they could say we recommend Brett Kavanaugh to be a Supreme Court justice. They could say we dont recommend it. Either way, Mitch Mcconnell is taking this nomination to the floor and is going to move forward with a vote probably tuesday night, maybe wednesday. Martha Chris Wallace, obviously there is a lot of feelings. They want to have to each other very, very hard. Talk to me a little bit about the political environment right now that will be in the room when they all walk in their moments from now. I have had some long time hill washers. I have been around here since 1978. They say theyve never seen it as bitter. You really saw it exposed and full site when Lindsey Graham really took after the democrats on the panel. I think theres a feeling on both sides that they are playing dirty. I fully expect that although this talk about it happening at 9 30, it wont. When the Committee Comes in, youre going to see some of that bitterness continue, and youre going to see democrats. I feel like they think it is an effective talking point, they say lets have an fbi investigation. You heard that from every democrat on the panel yesterday. And remarkably, overnight, the American Bar Association, which had given judge kavanaugh its highest rating came out and said that they are now calling for a delay, so that there can be a full investigation, so they change their minds yesterday with their push. I fully expect them to continue to make that push today before we get to a vote, and i fully expect the republicans to push back hard. Martha chris, as you were talking, just reporting from capitol hill that jeff vote fle will vote for cavanaugh. So this will go forward then with a vote to recommend judge Brett Kavanaugh. Laura ingraham, let me go to you, your thoughts on how this is shaping up. Walk, i think that what we saw yesterday was a case study in the dysfunctional congress, martha. So many people out there in the country who watch this, regardless of whether you like or dont like trumpet. We think there has to be a better way. The way that we are seeing this developed. We have a lengthy confirmation process for judge kavanaugh on the d. C. Circuit. It took in 1,000, i believe 36 days to 36 be confirmed. It used to be about 50 days on average for a Supreme Court nominee. That is growing and growing sense 30 years ago, and it has become pure politics. And its a problem with the Supreme Court being viewed as and acting like an extra legislative body. And so because its an extra legislative body, just make it all about politics. Not about the fact. It is whether someone appears credible, not whether anything is confirmed, or if it is leaked or not. Everybody is having their moment in the sun. Some people are more cynical than ever. Martha and that is not ending any time soon. I want to put a tweet up on the screen from brian fallon, who works for hillary clinton. He is now part of defendant joseph, who has been a very forceful in defending the attacks. Tries to muscle in an attempted rapist. They will pay dearly this november. Senators up in 2020, collins, gardiner, et cetera, will feel intense heat for the next two years. And it kavanaugh will not serve for life. That is very threatening, coming from brian fallon. He is essentially saying that they will fight to impeach him every step of the way. Well, i would actually agree with number one and 92 what we have seen in the last few hoursr americans, people that i talk to you last night and this morning, on the one hand, they saw a woman who was calm. She wanted to be helpful, she answered questions honestly and said when she didnt know things. Contrast that with judge kavanaugh, who was full of rage. He was angry and emotional, he tried to deflect questions. He did not present what a lot of people would think a judicial temperament should look like on the Supreme Court. And i heard from conservative, liberal, independent women over the last few hours that they actually believe the allegations even more because the allegations are based on a picture of judge kavanaugh being aggressive, being angry, having rage. And that came out yesterday. I think it is unfair to judge a human being in the circumstances that judge kavanaugh has been an aunt say that it reflects something about their entire life. Especially when they have such a long record of being a judge on the Second Highest Court in the land. Shannon bream, your thoughts on judge kavanaugh this morning as we watch and wait for this process . It looks like senator flake will be a yes vote. I talked to Lindsey Graham last night after that passionate speech that he gave yesterday. You know, he is looking over to jeff flake. My speech was really for jeff flake too. Maybe it works. They were divided amongst republicans and across party lines. It is such a tough combative thing. It looks like we saw democrats at durban and at kennedy shaking hands before this whole thing got started. Kennedy had one of the big moments yesterday, closing out with judge kavanaugh yesterday, is there any doubt in your mind . He said it zero, i am 100 contents and in my asportation that i had nothing to do with the spirited book ended what she had said that she said she had 100 confirmation that he was the one who perpetrated this. It was all about who you believed yesterday. Bill jeff flake is a yes vote. Releasing a statement that he will receive 90 plus votes. Ruth Bader Ginsburg received a 96 votes of confirmation when she was elevated to the u. S. Supreme court. That was august, back in the early 1990s. Our system of justice affords the presumption of innocence to the accused absent of collaborating evidence. He will confirm a judge kavanaugh. We want to bring in bret baier again. Some felt that he was sending a signal on the floor three days ago, that this is a difficult decision, but he will vote yes, absent more information. That was not presented yesterday. Bret bill, its hard to overstate the importance of this announcement. This statement is a game changer, not only on this committee but on the senate floor. That makes 48 confirmed g. O. P. Yes votes for judge kavanaugh. Who we dont know about, senator Susan Collins from main maine, Lisa Murkowski from alaska. We dont know where they are. There is some doubt because the senator from wyoming has said that he hasnt committed one way or another. But everybody believes that he is going to vote yes for kavanaugh. Sound we have to get to 50, plus a Vice President pence, thats would get him across the finish line. And then the others that we dont know about our democrats. Joe manchin from west virginia, donnelly from indiana. Those are two who have said that they may vote for kavanaugh. But jeff flake statement, the system of justice affords a presumption of innocence to the accused, absence of corroborating evidence, that is where it is going to come down to. At the end of the day, where people are giving prosecutor mitchell some grief about how she laid it out, what she did do is lay out the reasonable corroborating evidence for Christine Blasey ford, absent what she said happened in that house in 1982. Bill joe manchin from west virginia, collins, murkowski, flake it, they are having a late night conversation about what happened yesterday. Now, flake comes out with this today. Bret i think they all move in one block one way or the other. Bill he believes now that jeff flake will get 52 yes votes the end bret you mean kavanaugh. Bill correct. Bret i think that if flake is moving, they all move. Listen, when it comes down to i it, those democrats in tight races that are facing reelection prospects in a red state that voted for donald trump by 15 or more points, they are looking at their elections as well. Bill we could have a long list of those democrats too. What is the calculation and the tyrants . Joe donnelly in indiana, how does he defend a yes vote or a no vote . 40 days for a election. Martha so much of this goes back to the process. In terms of how you determine whether or not someone is guilty, whether or not there is reasonable doubt, enough information is out there to cause to charge them or accuse them with what we have seen. Republicans are also extremely fired up in the country about what they have witnessed over the last week or so. You know, just as a bit of a site here, peter doocy reporting. I want to bring Chris Wallace back in here. Chris quillens of delaware isnt near tears at the announcements, stringing together a reaction. When the news broke that jeff flake would indeed be a yes. Well, its a big vote. I suspect if you were to ask Susan Collins or Lisa Murkowski, they would not say we are just going to follow suit. I think thats we have to wait to see what the two of them say. My own feeling about the democrats, they may, if its clear that kavanaugh is going to be confirmed anyway. I very much doubt that they would be the 50th vote, the deciding vote as to whether this confirmation goes. This question that flake brings up of our system of law and reasonable doubt, that certainly applies in a courtroom, and there is no question that if this were a courtroom, you wouldnt even bring charges against kavanaugh because there is so little evidence. This is a different thing. This is appointing somebody to the Supreme Court, as they have suggested, its a job interview. So theyre going to say that reasonable doubt is not the standard here. Do you want to give a guy a lifetime appointment . Martha what it came down to come everybody judging the credibility of the two people out there yesterday. I think you do fall back to some legal norms in terms of the frame of reference that all of us come to making that decision by, whether or not the prison is persuasive, whether or not you think there is evidence to back up what they are saying. Even though it is not a courtroom, it is in some senses, laura, those are the same norms we look to you to guide how we respond to this. Last night, i did this monologue, fax versus motion, it is human nature. Whether the accuser, dr. Ford seems like a nice person, or brought seems like he was too indignant, to some extent, the senators were doing their job by putting that aside and thinking wait a second, what did we learn yesterday . That gives us a better son, factually, of what happened 36 years ago, given the fact that judge kavanaugh has no pattern of this type of behavior, no contemporaneous corroboration. It we are left with well, we want to talk to safeway because the accuser says she saw mark judge at some point in time, and he looked like he was as white as a sheet and ill. None of that had anything to do with the underlying allegation. And if someone has not judge kavanaugh for 22 years, spends my own time on the Supreme Court as a law clerk. This was a political exercise in futility for the democrats. And i dont think that the whole year of the woman thing, i wonder if they havent bit off more than they can chew. I think it could easily turn out to be the year of the man. The target is on their back all the time, and it is not fair to just make one allegation and say your life should be turned upside down. I dont think that its for two victims or to the accused. Bill standing by in washington, Chuck Grassley now with the microphone, gathering the meeting to order. 11 republicans and democrats on this committee. Again, lots of drama and some twists and turns. Frankly, we do not know, but the fact that jeff flake has come out with an affirmative yes vote, that is very significant for what we are about to witness now. Bob corker from tennessee, he had been on the fence for weeks. Late last night, he too was a yes vote. At the moment, things appear to be breaking Brett Kavanaughs way. Martha tough session for Dianne Feinstein, who is accused of sitting on this for weeks. That part of the process has helped a lot of people with some questions on all of this. That will linger with her for quite some time. Bill Dianne Feinstein, the Ranking Member. Lets drop in now. Judiciary committee back in action today. Nine 40 00 a. M. We did have some motions for. If you remember, i said that i will give the minority a chance to make their motions. And then i was going to make a motion that we have a time certain to go. So i want to make that time certain to vote. But if there is motion from a minority, i would recognize that motion first. Mr. Chairman. I would like to make a motion to subpoena mark judge as a witness before our committee. And id be happy to speak to it. Holds just a minute. Would you could you make your remarks short please. Speak now. Then we will vote. Proceed. Yes, mr. Chairman. Thank you. We heard yesterday from an extraordinarily courageous, strong survivor, dr. Christine blasey ford. Everyone of us, i think, were riveted and powerfully impressed by her. We heard her provide details in the story that can be corroborated and other facts that can be uncovered if we hear from other witnesses. Who have very relevant, important knowledge about what happened. On that evening in that room. The third person allegedly in the room was mark judge. Evidently, he has never been interviewed by the fbi, he has never been questioned by any member of our committee. He has never submitted a detailed account of what he knows. And so, i move that we have him before this committee as a witness. He could be interviewed beforehand on a bipartisan basis. I recognize that he has submitted a cursory six sentence letter. Not even signed by him, it is from his attorney. And i believe we have a responsibility to subpoena, at the very least, mark judge, before we moved to vote. It is our constitutional duty to do everything we can to uncover the truth after hearing yesterday that compelling testimony from dr. Blasey ford. And we cannot in good conscience vote without hearing at least from mark judge. I would submit with all due respect, mr. Chairman, that there are other witnesses who are essential for us to hear from. We should hear from the other soul survivors who have come forward with credible and powerful stories. And thats will be also in my view necessary, but today, i am moving that we subpoena mark judge. Before we vote, i will read a letter that we received from mark judge last night. It as i stated, i did not ask to be involved in this matter, nor did anyone ask me to be involved. Told the committee that i do want to comment. When i told the committee that i do not want to comment about these events publicly, as a recovering alcoholic and a cancer survivor, i have struggled with depression and anxiety. As a result, i have for speakin speaking. Brett kavanaugh and i were friends in high school. But we have not spoken directly in several years. I do not recall the events described by dr. Ford in her testimony before the u. S. Edited the judiciary committed today. I never saw brett act in manner dr. Ford described. I am knowingly submitting this letter under penalty of a felony mark judge, witness. And he has signed it. Mr. Chairman, mr. Chairman, if i may respond on the motion. Yes, on the motion. That letter is no substitute for an fbi interview. Mr. Graham. And it is no substitute for testimony before this committee. Mr. Flick. Mr. Tillis. Mr. Kennedy. Mr. Durbin. Mr. White house. Mr. Blumenthal. Mr. Booker. Mr. Harris. Mr. Chairman. The motion is defeated. Now as i said, we set the vote for at 1 30 p. M. Today. Mr. Chairman, point of order. Mr. Chairman, point of order. Stop violating the rules of the committee. Mr. Flake. It continues. Mr. Kennedy. Ms. Feinstein. It violates this committee. It violates it. Mr. Blumenthal. No. Ms. Hirono. I object. The answer is no, no. Mr. Booker. Ms. Harris. They are not answering because this is so unfair, mr. Chairman. Follow the rules and customs. Mr. Chairman, the votes are 11 11 we have an agenda with ten judges who are ready to be vote. Nominated the eighth circuit and a District Court judges. We also have two bills on the agenda. We will hold over as 3178. The justice for victims of lynching asked, we will vote on s2785, sponsored by senators durbin and grandma. Of this bill combats offensive election interference by foreign adversaries by denying entry to any Foreign National who has been deemed it to engage election interference. The amendments i will be introducing makes clear that the secretary of Homeland Security will make this decision on who has engaged in election interference and a consultation with the attorney general. The director of National Intelligence into the secretary of state, any Foreign National who engages or conspires to engage in improper interference should not be allowed to enter our country under any circumstance, except to stand trial. Yesterday, we heard testimony from dr. Christine blasey ford and judge kavanaugh, regarding Sexual Assault allegations that dates back to when the two were in high school. It was difficult and emotional for both of them. At the end of the day, the three witnesses, dr. Ford named denid any knowledge of the event she described. Judge kavanaugh, fortunately, denied to the allegations. The alleged behavior is inconsistent with Everything Else we know about him. Hundreds of people, including women he knew in high school attested to his character and fundamental decency as a person both in high school and now. He is widely regarded as an excellent husband, father, friend, coach, professor, and a judge. He has an exemplary record of being at the forefront of womens events in the legal profession. He has been through six fbi fulltime Background Investigations, and no issues of Sexual Misconduct were uncovere uncovered. It is a fundamental aspect of fairness and due process of the accuser have the burden of proving allegations. Its true yesterday, yesterdays hearing was not a trial. But trials have rules based on common sense notions of fairness and due process. Not the other way around. A person had allegations made against him in a public way, and his reputation and livelihood were at stake. It was only fair that his accuser had the burden of proof. In my opinion, this wasnt met. You folks that are photographers know that you are supposed to sit down. Maybe you just up to leave the room if you dont know what the rules are. I found dr. Fords testimony credible and believe she is sincere in her version of the facts, but i also found judge kavanaughs testimony credible and sincere. Ultimately, the existing evidence, including the statements of three alleged eye witnesses by dr. Fords refutes her version of the facts. They are simply no reason to deny judge kavanaugh as seeds on the basis of evidence reported to us. I reopened the hearing at the insistence insistence of dr. Ford and judge kavanaugh. Dr. Ford wanted to be heard, and we gave her that opportunity. Im not one question to dr. Ford was disrespectful in any way. She was treated with courtesy an end dignity, as i promised her, but the questions my democratic colleagues asked of judge kavanaugh were unequivocally and universally hostile. My colleagues first claim that the senate doesnt confirm Supreme Court nominees in midterm elections, the Washington Post said thats false. Indeed, justice can we have quiet, please . I would expect the same quiet for other people on the committee when they speak. Anyway, indeed, Justice Breyer and kagan were both confirmed in midterm elections. Then the second attempt was to argue that we needed to request all of his executive branch records, but they completely ignored the fact that we did not request all of justice kagans executive branch records. In fact, her most recent and relevant were not requested. Even despite the fact that judge kavanaugh has spent the last 12 years on the second most even though judge kavanaugh has spent the last 12 years on the second most powerful court in the country, issuing 307 opinions and adjoining hundreds of others, we received over 480 pages of documents from judge kavanaughs time on the executive branch. This was more pages of such documents done the last five Supreme Court nominees combined. In short, it was almost thorough thorough and transparent confirmation process. Im going to put the rest of my statement in the record because im sure a lot of people are irritated right now, and i will let them express that irritatio irritation. I will call on senator feinstein and then put the rest of my statement in the record. Thank you, mr. Chairman. Im very disappointed that we are here today voting on this nomination, especially in light of the testimony that we heard just yesterday. My republican colleagues spend their time at the hearing focused exclusively on policy and partisanship. The majority argued that the Sexual Assault dr. Ford experienced was nothing more than a democratic smear campaig campaign. That i am allegedly orchestrating. My staff and i were accused of leaking dr. Fords letter, which we did not. We were accused of leaking Deborah Ramirezs letter, which we did not. We were said to have refused to participate in the partisan investigation. Yet it is the republicans who have refused to talk to Debbie Ramirez or julie swetnick. Republicans also failed to mention that they were not notified and had no idea that the chairman staff have been communicating with a marker judge, patrick smith, leland, and at least two other individuals who have not been named. Instead, democrats learned about this outreach when various letters or emails appeared in the press, and in one case, we learned about the republican staff outreach at 10 00 p. M. The night before the hearing. Ironically, my colleagues on the other side of the aisle have gone so far as to say this whole situation was nothing more than a nefarious attempt as political theater. I understand why they did that. The senate is a political body. However, i was shocked to see judge kavanaugh take the same tone and strategy. Candidly, in the 25 years on this committee, i have never seen a nominee for any position behave in that manner. Judge kavanaugh used as much political rhetoric as my republican colleagues, and whats more, he went on the attack. He yelled at democrats for having the temerity to express our frustration for not having access to over 90 of his recor record. And said that some democratic members were an embarrassment. He did accuser democrats of lying in wait, and replacing advise and consent with search and destroy. He even went so far as to say that dr. Fords allegations were nothing more than i calculated and orchestrated political head. Shield with apparent pentup anger about President Trump and the 2016 election. And revenge on behalf of the clintons. Unbelievable. This was not someone who reflected an impartial temperament or the fairness and evenhandedness one would see in a judge. This was someone who was aggressive and belligerent. I have never seen someone who wants to be elevated to the highest court in our country behave in that manner. In stark contrast, the person who testified yesterday and it demonstrated a balance to temperament was dr. Ford. She gave powerful testimony about her experience of being physically and sexually assaulted by Brett Kavanaugh. She started by saying how she was terrified to be before the committee, but she felt it was her civic duty to tell us what happened to her. She recounted her experience, and i quote. I tried to yell for help, when i did, brett put his hand over my mouth to stop me from yelling. This is what terrified me the most and have had the most Lasting Impact on my life. It was hard for me to breathe, and i thought that brett was accidentally going to kill me. Both brett and mark were drunkenly laughing during the attack. They seemed to be having a very good time. Another quote. Bros assault on me drastically altered my life. For very long time, i was too afraid and ashamed to tell anyone these details. I didnt want to tell my parents that i at age 15 was in in a he without any parents present, drinking beer with the boys. I convinced myself that because brett did not rape me, i should just move on and to pretend it happen. She was poised, she was credible, and she should be believed. Unfortunately, despite assuring dr. Ford her allegations would be taken seriously and she would be treated respectfully, that is not what ultimately happened. As i know in my statement yesterday, our colleagues on the other side of the aisle have their minds made up before one word was uttered. A week ago, the majority leader declared in the near future, judge kavanaugh will be on the United States Supreme Court. So, my friends, keep the faith. Dont get rattled by all this. We are going to plow right through it. This was not about ensuring a fair process. This was about doing the bare minimum. And finally, to my republican colleagues who are so upset about the time that has passed, lets be clear. Dr. Ford asked for confidentiality. And thats what i did. We all know that if i had referred her allegations to the fbi when she would not come forward, there would have been nothing to do. The fbi would have had an anonymous allegation with no name, no contact information, and no way to follow up. In addition, dr. Fords allegations were referred her to the fbi on september 12th. Over two weeks ago. If the president ends the republican majority had asked for the fbi to an investigation at that time like we asked, it would likely be finished by now. And most importantly, one judge kavanaugh house talked to to republicans repeatedly, none of us have spoken to her . Judge, patrick smith, leland keyser, or the polygraph examiner. None of us have talked to or questioned lynn brooks, liz swisher, or chris dudley. It not one senator, as far as i know, have had the opportunity to question Deborah Ramirez or julie swetnick. My colleagues all right. We should not rush to judgment, and its not fair to assume judge kavanaugh is guilty without gathering the information, but its equally unfair to have heard from a credible, poise, and a brave witness and simply ignore what we heard and move forward immediately. I dont know Deborah Ramirez. I dont know whether her allegations are credible. I dont know julie swetnick. I dont know whether her allegations are credible. But i do you know this. It dr. Ford provided credible, powerful testimony that deserves to be considered and not dismissed as a partisan smear campaign, which it was not. In my Opening Statement yesterday, i talked about the differences between the metoo and the year of the woman. I highlighted the differences. Sexual assault and harassment. I started out by saying i hoped we would do better and show women that our country, our committee has in fact changed. This isnt a political battle for power. This is a serious undertaking with serious allegations. While the republican strategy is no longer attack the victim, it is ignore the victim. The entire country is watching now how we handle these serious allegations. It is in fact a real test for the United States senate and for our country to see how we treat women, especially women who are survivors of Sexual Assault. I believe we can do better, and i hope we are better. Thank you. Mr. Chairman, i would like to submit for the record a longer statement that addresses some of the attacks regarding my office is handling of dr. Fords allegations and the republican administration. Obviously, with that objection, those will be included. A sense of this keeps coming up about the fbi investigation, id like to repeat what youve heard from me so many times, but i guess we never get people understanding. We cant learn anything from the fbi that we cant learn ourselves. The senate has our own constitutional duties and our own investigators to follow up on these investigations. I dont think we should discredit the constitutional duty. The independent branch of government. If the people on the other side of the aisle sincerely want an fbi investigation, i would ask why they did not notify me of dr. Fords then confidential letter way back in july, so the fbi could weigh in this remark the fbi fbi would honor the confidentiality. I have had years of protecting confidentiality of whistleblowers. Another standard for an fbi investigation, as my colleagues have called for, or even more recently, people outside calling for, would result in another time of brutal attacks on dr. Dr. Ford and judge kavanaugh and their families. They dont deserve those sorts of vile threats that they are receiving, and its unacceptabl unacceptable. It dr. Ford has stated no objections, but it has only come to our attention here in the last several days. Probably the last two weeks. It has been 60 days since dr. Fords letter, since the letter was made public. Then weve had some comments about why we didnt investigate ramirez. When i learned of ms. Ramirezs allegations, i acted immediately to investigate them, unlike our democratic colleagues, some of whom sat on her story and apparently conducted their own private investigation rather than shared with the committee. Mr. Chairman, excuse me for interrupting, but could we have order . Welcome of the order would be that we go back and forth. Apparently, we are going to have the one democrat. Absolutely. After i get done. I am not giving an Opening Statement, i am explaining the work of the committee to people that dont seem to understand it. I will call on the senator when i am done, and then i will call on you, senator lahey. When i learned of the allegations, i reacted immediately to investigate them, unlike our democratic colleagues, some of whom sat on her story and apparently conducted their own private investigation. I first learned of her allegations when they became public in the new yorker articl article. Published late sunday evening, september 23rd. My staff immediately contacted her, asking when she was available. Her counsel responded that ms. Ms. Ramirez has accurately relayed what she recalls to the new yorker. Council added, however, that she would be welcome in an investigation by the fbi into this investigation and would cooperate with such. On appropriate terms, she would also agree to be interviewed in person. Over the 24th and the 25th, my staff repeatedly asked questions before setting up a call to discuss the allegations. So that such a call could actually be meaningful and useful. Number one, whether she had any other evidence, including other statements in addition to those in the new yorker article, and whether she was willing to provide her evidence, including her testimony to Committee Investigators. My staff repeatedly made clear that the receipt of ms. Ramirez or anyone elses evidence in the letter bill senator blumenthal and Kamala Harris left the room. They are making the argument now. From the beginning, it should not be about raw power. Influencing the outcome of a decision that is not only a statement about what we hold as being precious and important about our system of justice, but who will set for a lifetime on the United States Supreme Court. This is about raw power. You are seeing that in display this morning. You can see it from the beginning. Failure to give us the document documents, failure to interview all of the witnesses, failure to give us the ability to do background checks, to know who this individual is. It has been pushing and pushing and ramming this thing through because they have the power, as opposed to the integrity to say let the American People know whats about to happen. Have transparency in the system. This is a failure of this body to do what it has always said that it was about. How much coordination and a discussion did you all do yesterday . How was there so much focus on this . You dont think that an fbi investigation is at the core of all of this . What have we been saying, if not that . At minimum. By the way, we feel this is hug huge. That is on all of the people out there. Did you all discuss this . Grievances now being aired on both sides. Back inside the hearing room, and of the chairman, Chuck Grassley now. Somehow, the fbi missed judge kavanaughs six fullfield Background Investigations while he worked in a highprofile position in the white house and the judiciary. The fact that he was a regular participant in these young rape parties, that ought to get a lot of attention. We had some investigations, by the fbi, and what he was accused by of ms. Swetnick, it never showed up. And if it was not much of an activity on his part, truly the fbi would know about it. Thank you, mr. Chairman. This has been a very difficult set of hearings. I think you have handled it very well. I complement all of our people on both sides of the aisle. Taking this very seriously. It should be taken seriously. It has been 81 days since trump nominated Brett Kavanaugh to the Supreme Court. Since then, we have reviewed more records of this nominee then for any Supreme Court nominee in history ever. Ever. Judge kavanaugh has testified for well over 30 hours, including in the closed session. He has answered nearly 1300 written questions. More than all of the past nominees combined. In the more than 12 years that judge kavanaugh has been a judge on the circuit, he has built a reputation for honesty, courtes courtesy, and integrity. His clerks and colleagues sing his praises. He volunteers in the community, he has been an advocate for and mentor to his students. After democrats released of the recent allegations, chairman grassley sent out a process to investigate. He has not been, as some claim, boy. Far from it. Rather than working with us, the democratic colleagues chose not to participate in this process. Indeed, before yesterday, they had never even asked judge kavanaugh a single question about these allegations. Yet again and again, the refrain has been the same. Delay, delay, delay. I cant blame them for that because they are partisan people. I guess they figured that would be to their advantage. Well, its not. When we heard the serious allegations made by dr. Fort, we recognized that we needed to hear her testimony. Chairman grassley was committed to making sure that she had a safe forum in which to tell her story. Try to make it a form of her choosing. Either public or private, although it appears that the democratic colleagues suggested to her that they had other plans. Yesterday, we found that we were able to hear from dr. Ford and judge kavanaugh. I want to personally thank them. I want to thank them both for attending the hearing and speaking to the committee and all of us and to you the American Public as well. Michael avenatti thought that the best place for his client to give her first interview was on a show called the circus. They have all set for weeks that they will vote against a judge kavanaugh. Heres where i stand. We cant allow more time for new smears to damage judge kavanaug kavanaugh. His family, his reputation, the reputation of the court. Of course, the reputation of the country. We cannot allow more time for partisans on the left to bait him into submission. We can prolong this process, knowing that in the meantime, we shouldnt prolong it, is what i am saying. Knowing that in the meantime, judge kavanaughs family and our country will be dragged through the mud. But we can end the circus. Frankly, we have reached a point where it is time to end the circus. It is time to show some dignity around here. It is time to go to a bush. People can make the closing statements. They can vote whatever that a y they want to. Frankly, we have had enough time on this to choke a horse. I just have to say lets be fair about this. Lets vote whichever way we want to, and lets move on this. I personally am tired of all of the games and gamesmanship that has been going on around here. Not just as nominee, but others as well. Mr. Chairman. Mr. Foreman Chairman Committee of this senate, i want to know that i think you have done a terrific job. Youve been fair, youve been very decent in your approach. Youve treated everybody with respect. You have a specially treated our democratic colleagues with respect, which they deserve. Frankly, you are a great chairman. I think we ought to all acknowledge that and start treating your chairman with a little bit more respect and dignity. We all respect him. We all know what a good man he is. I also think the Ranking Members bill orrin hatch there. We cant allow time for more smears against judge kavanaugh. Outside, the Democratic Leaders have now gathered there. Not just from the senate, but from the house as well. The headline of the morning goes back to jeff flake. He is a yes now for Brett Kavanaugh. Now we will wait to see what transpires over the next three hours or so. And a lot of people are saying why are they Going Forward . Why are they moving forward with this vote right now . And i think the answer to that is that republicans want to make sure the democrats have the time to say what they want to say, she put up points on the board, that 1 30 is going to be this vote. It is kind of like inside the senate, but it went down party lines, and in fact, senators booker and harris did not vote. They didnt even say no. They just stayed silent in protest. And then other senators walked outside in protest as both senator is communicating now with senator hatch. We will see Senate Floor Vote on tuesday or wednesday. Harris is in the hallway talking about documents that they have not seen. You did not share the contents with me or anybody on the committee when you first receive them. Those grievances are now being aired on both sides. Shannon bream, what are you picking up from your sources on the hill now . I got a message from somebody who is waiting to vote. When it happens this morning, we thought it would be closer to 9 30, and think clearly. There was a possibility that the democrats would want to filibuster throughout the day. As we talked about, this triggers the senate, if they get it done today, into a vote tomorrow morning. Youre trying to get it in by tuesday or wednesday. They had a discussion, and once they found that they had jeff flake locked in on this committee as a yes vote, we said what we will do is have this early vote, we are going to vote at 1 30, and then give them several hours to make the case because we knew that they would have objections and things to say. So it appears that is how this is going to play out. I said is there any worry about you that senator flake will move . If anyone gets to him . Apparently, they were all surrounded by protesters. Very loud protesters as they were trying to get to the halls. They believe that he is locked enough. They are not worried about holding him until 1 30. Bill thank you, shannon, for that. Now, laura ingraham, for a little bit of history. Listen, Clarence Thomas came out of this committee with a 77 tie, but he was later confirmed by a 5048 vote. The democrats had the majority in the senate at that time. Many have suggested that Clarence Thomas was damaged for the past 27 years because of that testimony. Now we are left to think about how judge kavanaugh has been or has not been damaged. Based on what we watched yesterday for nine hours, are you able to see if he is confirmed on the board . How he handles the next one month of his life. Justice thomas has been damaged. He said in an interview that i did last year with them, that he wouldnt wish would happen to him in on anyone, but he thought it was his duty when the president called to serve on the Supreme Court of the United States, to become what has become a hyper political process. Judge kavanaugh is a consummate professional. Will there be internal scars . How could there not be as remark i am sure that the accuser has her own internal scores stomach scars from going through this. Entire life history of dealing with legal issues, going all the way back to his days at the white house, with independent counsel investigations come all the way up to his last opinion hero on the d. C. Circuit. It speaks to the kind of temperament that he has. It just a quick input on what youre saying outside of that committee today. This is midterm politics. They know they are going to lose the confirmation vote. They know they are not going to get any more documents, and mark judge is not going to say it yet, it all happened. This is all about turning out their base, whipping up a frenzy into the country, despite the fact that we learned no new facts yesterday. See our new fact. All it is this politics, the speeches are political, there is very little concern for the judicial temperament, Dianne Feinsteins comments notwithstanding. And he would would be angry if they experience what kavanaugh has experienced, and i think most of the country watching us understands that righteous indignation. Bill lets put that question to marie harf. What is your opinion . Well, i did think that there seem to be a moment for judge kavanaugh. We are still waiting on collins and murkowski. I think there is a question of how they viewed the testimony. I would disagree with laura a little bit. I think there is righteous indignation, and if we are accused of something that we dont believe we did, we would be angry, but i think a lot of people, especially speaking about the midterms, bill, independent women who are already think the republican party, they watched yesterday, i think it, and saw a man who was angry. He had rage. He cut off female senators, he was dismissive of the process. Ramming through that confirmation bill. Bill you saw a man who was fighting for his life and fighting for his family. I saw a man who walked in yesterday with his wife and son listen, if youre going to burn down my house, im going to burn down yours as well. It was pointed, and many have suggested that Supreme Court nominees do not get political. His commentary was clearly directed at democrats for what he has gone through for the last several weeks. We went into that hearing saying hes going to have to push back, and then when he did, everybody said is that too much . Wheres the line . So which way is that . I think that the processes under scrutiny because look at what Senate Democrats could have done, okay . When senator feinstein gets the letter, she could have done this anonymously through the process they have. They do whistleblower stuff all the time where peoples names are anonymous. I could have started the process. Not only that, but democrats have their own investigators on the Judiciary Committee that they pay for. They could have tracked down mark judge angela beauchamp. They could have done whatever they wanted. None of that was done. Bill Chuck Grassley said that we cant learn anything from the fbi that we cant learn ourselves. Bret that is his point. Obviously democrats are hanging their hat on the fbi and their ability to do this. That is their argument. I think people looking at it, even though we always get caught up in process in washington, this process really is on trial in this moment because it could have been handled a lot differently. Without a corroborating witness that backs up doctor for delegations, then fighting this battle, i think it is a losing one. Bill bob corker was yes vote, i just want to mention. He had been on the fence for quite some time. His yes vote, coupled with jeff flakes votes. At this point, there is momentums worth, not confirmation. Shannon yes, and we have talked about the meeting that happened last night. Talked earlier today about how they may vote as a block. Certainly consult each other, there is a lot on the line for those democrats. We have all said that they might be the 51st or 52nd vote. They have tight races. Midterm is very much a factor in all of what is going on. Measure and how voters feel about the Supreme Court. Is it a very important issue . We all saw it was a huge issue, but now in 2018, it is even bigger for both democrats and republicans who say it is a tough issue for them. It has jumped by nearly 20 , so they are going to be extra motivated when it comes to making a decision to turn out and get to the polls. It is really about motivation and who is going show up. Bill the one senator lindsem has been making comments a few moments ago, he is saying that kavanaugh earned a yes vote based on his testimony. Before i go back and, just reflect for a moment on the institutions of federal government in washington, d. C. When a Supreme Court juste has to be held in such high esteem until you get to the Robert Corker scene from years ago, Clarence Thomas, and need help, and now Brett Kavanaugh and a doctor Christine Ford in 2018. It reminds me, in 1987, i was a young speechwriter in the reagan administrator. I remember watching that. We that was kind of our first introduction into this whole process. And i had read a lot of what he had written. Obviously, unbelievable intellect, but it was at that point that i really is, and maybe i was just idealistic, that so much of it was just performance. He didnt look to be a nice person. He didnt have the right demeanor. He is one of the smartest judges and judicial writers in the history of legal understanding. And he didnt make it on the court. Then fastforward to 1991, when i was about to clerk for judge thomas. Seeing what he went through, hope again, a leaked allegation, turning the entire process into a circus. Then he is supposed to have an asterisk after his name. So i reject this. In the minds of people who believe the Supreme Court is just a super legislator, may be, but in the minds of people who actually know the law and know the real role of the Judiciary Committee, which is limited to this application, they know what the truth is here, and it is about time that we gave everyone a civics lesson on what the branches are supposed to be. I hope this actually moves people to understand a little bit more about what is intended. It was not this. It was a mess, and i agree with Lindsey Graham. It ended up being a complete disgrace. Bill we have seen so many stories about how they got the news, watching it on their smartphones now. Televisions and bars, there was a picture of a couple trying to listen in on a new york subway. That is what it was like 27 years ago in the late summer of 1991, late in the evening on a friday night, millions and millions of americans tuned in to watch the coverage. You are exactly right. That is the first time that many people had experienced that. For the next generation of americans, yesterday was their first time to have that experience. Here is the South Carolina senator after he grabbed a lot of headlines from the hearing late last night. This is what he said. I am very pleased. I think Brett Kavanaugh has earned a yes vote. Comments about the process, senator leahy, we work well together on the appropriations committee. What we are doing is violating the customs of the senate, i would say when it comes to the judicial nomination process, every cost on senate has embraced before kavanaugh has been pretty much destroyed. Here is what im going to say. Somebody dismisses this letter, they leak it to the press, not giving of damn about her for political purposes. Slow this vote down, try to destroy judge kavanaugh, completely indifferent to the effects that it had on dr. Ford. What i do not believe, it was Dianne Feinstein. I like Dianne Feinstein, i dont believe she would do this. But somebody did to, and the three groups to look at, her staff, the lawyers, angela congresswoman from california. The details that were leaked out did not come from a friend. Bill Lindsey Graham a moment to go. Commenting about 20 minutes go. Why not notify me of this back in july when it was received. Back inside the hearing room now, senator leahy he has the floor. The national Sexual Assault hotline saw an unprecedented 147 increase in calls. When survivors see us taking Sexual Assault seriously, they are empowered forward. If they see us callously sweeping it under the rug, i fear that will have disastrous consequences. If victims think that they will never be believed, and it will not matter even if they are believed to come why come forward at all. Dr. Ford to deserves to heard. And that must mean more than just checking a box. Remember, dr. Ford has not spent her entire life preparing for this moment. She is not backed by the most powerful officials in our nations government. She did not come here with the political agenda. She did not testify with a job promotion on the line. She did not evade our questions, and she did not demean our motives. Republicans were democrats. She said plainly and with grace, at times emotionally, reencountered at the trauma that she experienced as a 15yearold girl. Trauma has been haunting her for the 36 years since. She had nothing to gain, everything to lose by coming forward. I listen closely to both her and judge kavanaugh, and i believe her. And i believed anita hill. Help me in voting down judge kavanaughs nomination. He does not have the veracity or the temperament for a lifetime appointment to the highest court in our nation. To be confirmed in the face of a serious and credible and unresolved allegation of assaults. Senator graham. Thank you. I know i am a single white male from north carolina, and i am told i should shut up, but i will not shut up. I got here the same way everybody else did. The people in South Carolina voted for me. Men and women. And im going to try to be there voice today. And maybe not just for South Carolina, but a little bit about what i think is going on here. Joe biden, i cant believe we are saying that on our side, listen to joe. But joe is right a lot. Joe biden is a unique guy. One less conversation before you die, you want to have it with joe. You will remember it for a while. He is a decent guy. He runs for president , he will be hard to be. He came to senator thurmans funeral, he gave a long eulogy. I asked him joe, that was incredible. So i just like the old guy. I didnt agree with him, and i didnt like some of the things that he did in his life. When i was down and out, he was there for me. And to my colleagues on the other side, this will end, and we will see what we do next. I hope we can muster the ability to move forward, but from my observations about where we find ourselves, and how we got here. I wrote a book, and the senator is the only person i know who has read it. I ran for president , and i got 1 , so i i have my time to be president. Didnt go very far, and i lost. I ran out of adjectives to describe how i felt about the campaign. Well, he won, i lost. Hes president. I will try to help him where i can. Say no when i must, and the election is over for me. I would like to tell him that he had a choice to make for the Supreme Court vacancy of justice kennedy. For somebody who is supposedly crazy and there is chaos everywhere, he did a good job here. Why the difference between a neil gorsuch and kennedy . Excuse me, kavanaugh. You dont get that, you are not paying much attention. Neil gorsuchs and even the slots for scalia. This is highstakes stuff. This is the seat. The guy in the middle is at ris risk. Kavanaugh clerked for justice kennedy. Would you have picked him . No, but you lost the election. And that does have consequences. When i said it about obama winning, i meant it. Scalia dies in the election year, the last year for president obama, the primaries are already underway. Not in 100 years has anybody been nominated under that circumstance, so i dont think i did anything unfair, regardless. As for Sonia Sotomayor and kagan, i was told on our side, youve got to keep them off the court because they are going to be prochoice vote. They hate guns. On and on and on. And i try to go back to what we use to do. Voted against a burg. You will never convince me it was because he agreed with her philosophy. I think i saw and heard a qualified person. Hollings voted for scalia. At the same is true. 96 and 97 votes. Most of the nominees never had a hearing. Always just assumed that they are qualified, that they are going to go forward. Elections do matter. When it comes to president trum President Trump, elections do matter. Now, about the law. And to my friends who have been prosecutors. I have been a prosecutor, defense attorney, and ive been a judge. Every woman whos been victimized needs to be heard. It catch me in 1,000 times over. Catch me in for the proposition for everyone woman who comes forward, only god knows how many women and children go to their graves with the abuse. If you dont realize that, you just dont know this area of life. But you are going to be heard in the United States. I had a young man accused of Sexual Assault when i was in the air force as a defense attorney. The case eventually fell apart, and he almost killed himself. And i have women who have been gang raped, they didnt want to testify, but they did. Tough stuff. Emotional. Ive been doing this legal stuff most of my life. I have never heard a more compelling defense of ones honor and integrity than i did from Brett Kavanaugh. He looked me in the eye, everybody in the eye, and he was mad, and he should have been me met. He could tell you what he was doing during high school in a way that just blew me away. Brett kavanaugh and women. If you are getting rapist when you are a software and a junior in high school, you dont let it go. Every woman who actually knows Brett Kavanaugh has come forward to say he is not the kind of gu guy. He has been at the highest level of public service, under tremendous scrutiny, six fbi investigations, and we miss sophomore, junior gang rapist. We didnt miss it. Its a bunch of garbage. We are in the twilight zone, and here is what i would say. Ms. Ford, all i can say about ms. Ford, i feel sorry for her, and i do believe something happened to her, and i dont know when and where, but i dont believe it was Brett Kavanaugh, and as a prosecutor, you couldnt get out of the batters box because in america, before you can accuse somebody of a crime, you have to tell them when it happened and where it happened, and you have to prove beyond a reasonable doubt that it did happen. The reason this case will never be brought in maryland or anywhere else, you just cant get there. If you wanted to get a warrant, which is a probable cause standard to search or arrest them, you have to present by probable cause when and where it happened. How are you supposed to defend yourself . Is that britain really on you to prove that you are not at a party 35 years ago . You do not know when it was or where it was. All i can say is that under any reasonable standard, any concept of the rule of law, this would not go forward. There have been five allegations here. But this allegation was brought to me by senator whitehouse who did exactly the right thing. Somebody contacted him and set a friend of his was on a boat with mark judge and Brett Kavanaugh, and she wont come forward. Let the fbi look at it. And it turned out not to be true. The fourth allegation was an anonymous allegation, a letter without a date or a return address, sent to cory gardner, just a few days ago, and he turned it over to the committee, and somebody on that side linked it to nbc news, and it made it on the news. A fourth allegation. That really bothers me. I dont know whats going on over there, but thats not right. Somebody over there. It now, about ms. Ford. I feel really bad that she wanted to remain anonymous and could not. One thing i know for sure is that Dianne Feinstein would not do this and did not do this. But i know for sure somebody di did. It wasnt chatter from a friend. Three groups have this letter that was requested to be anonymous. Dianne feinstein and her staff, the congresswoman from california and her staff, and lawyers. Somebody betrayed her trust, and if you cant figure out why, you shouldnt be driving. Set in motion to destroy this man, and keep the seat open pass to the election. That i know beyond any, any doubt. What else do i know . I about fell out of my chair when dr. Ford said yesterday i didnt know you would be willing to come to me. The email interactions between this committee and her lawyers, my staff would still welcome the opportunity to speak with dr. Ford at anytime, anyplace, convening to her. Come to us, or we to you, i am willing to have my staff travel to dr. Ford in california or anywhere else to obtain her testimony. Well, that wouldnt fit in the plan. It wouldnt be public, and it would get over with sooner than people would want. I dont know what to believe, but i tend to believe that dr. Ford it did not know about this invitation. I have been a lawyer most of my adult life, and somebody needs to ask the question to her lawyers, how could she not know about this . Are you beginning to understand what has been going on for a very long time in this case . Its not that hard to figure ou out. So if this is a new standard, the accusation proves itself to those who want to ask questions, you hate women. God help us all. If the new standard for the committee is that there is no presumption of anything, that you have to prove why somebody would accuse you, not just to say i didnt do it, heres why i didnt do it. But youve got to prove the motives of your accuser. God help us all. That tells you what is going to happen if we keep this farce going. Plenty of time, plenty of opportunities to get to the truth. This has never been about the truth. This has been about delay and destruction. And if we reward this, it is the end of the good people wanting to be judges. It is the end of any concept of the rule of law. It is the beginning of a process by will tear this country apart. And if i am chairman next year, if we keep the majority and senator grassley moves over, and i hope he doesnt because i think he has done a great job, i will remember this. Theres the process before, and of the process after kavanaugh. If you want to vet the nominee, you can. If you want to delay things for the next election, you will not. If you try to destroy somebody, you will not get away with it. Jeff is leaving. He has wrestled with this. He is trying to be fair. I cannot tell you, jeff, what has happened 35 years ago. I can tell you this, that through any legal system, this thing would not get out of the batters box, and everything i know about judge kavanaugh screams this didnt happen. And all of the other things. So to my good friend, friends on the other side who are struggling, i think an fbi investigation is going to do nothing. Its not going to tell you anymore than what we know now. Its going to just keep it going and going and going until he breaks, and he wants. Until the next five or come forward to. Im going to vote yes. And im going to tell his two daughters that i am proud of your dad, and i really, really believe hes a good man. And im going to tell dr. Ford im sorry you had to go through this. Senator durbin. Thank you, mr. Chairman. Thursday was a historic day with more of its fair share of history. We have confronted some of the most serious charges ever leveled against the nominee. Those charges were made at a moment in our nations history when we are living through a cultural revolution. Women in america are not only merging into more and more positions of responsibility, they are now airing grievances over Sexual Harassment and abuse at every level of society. Caught in the vortex of this cultural shift, there is not the person in this room who can truly measure the trajectory or ultimate outcome of this historic change. America is marching forward in the pursuit of justice for women in this country. Sadly, many on the Senate Judiciary committee are still mired in the dead space it was 27 years ago during the Clarence Thomas nomination hearing. Yesterday, in this room, america saw this inflammatory issue in real time, in real life. Dr. Christine blasey ford was credible, cooperative, and resilience. I asked her directly, under oat oath, the degree of search and see that she had that she was assaulted by Brett Kavanaugh, she responded 100 . When the prosecutor on the republican side it tried to weave a political conspiracy, or it fell flat. This woman, who had identified Brett Kavanaugh as her assailant to her husband and her therapist six years ago believes she had a responsibility as a citizen, as a citizen to come forward and tell her story. I thought about the words that she used it during the course of her testimony yesterday. The words that she used more often than not to describe her motives was helpful. She wanted to be helpful to this committee and to her nation. I believe her. But she was afraid and awakening those carefully guarded memories, and she was afraid for her family. She confided in Dianne Feinstein with the complete hope that she would be kept confidential. I have no doubt that Dianne Feinstein kept her work. Yesterday, to members of this committee it leveled attacks at Dianne Feinstein. 11 so far as to say that she likes the contents of that letter to the press. Perhaps in this era, those sorts of baseless personal charges are to be expected, but if we dissented to this level of political discourse and forsaken the traditions of the senate which is essential to our public service. And for the record, this baseless claim was refuted immediately by the intercept, which was the first to publish the story about dr. Fords allegation. Feinstein staff did not like the letter to you intercept. Yesterday, dr. Ford made the personal decision to tell her story publicly. She came before this committee on her own volition. None of the republicans on this committee were willing to question or confront her. Not one. They stayed silent as they try to do their work. But after dr. Ford completed her testimony and left the building, it was a different story. Last night on a tv show, one senator said ms. Ford has got a problem, and a destroying judge kavanaughs life wont fix her problem. How could you listen to her testimony and to draw conclusion. Judge kavanaughs statement yesterday was filled with raw emotion. Looking at his family and friends gathered to support him, one could not feel, as our colleague, senator flake reminded us, that this undertaking is deeply personal, and there is humanity to reconcile on both sides. I can feel the intensity of what he has experienced over the last few weeks, but i cannot understand how judge kavanaugh could say that he bore no ill will towards dr. Ford then called her charges are calculated, orchestrated, political head. Citing a pentup anger about President Trump and his 2016 election. Revenge on behalf of the clintons. Revenge on behalf of the clintons. This note in the judge kavanaug kavanaughs remarks may have raised a cheer in the white house, but us that a moment in the history of this committee. The exchange that i had with judge kavanaugh was an honest effort to two sworn witnesses in that grave contradiction. What i ask for is obvious. It turned over the facts that we know to the federal bureau of investigation. Let them complete the investigation, then let us evaluate their findings. Remember, on several occasions, the republicans made a point of quoting the bar association. I would like information to enter into the record a letter sent to this committee by the American Bar Association. Without objection, it will be entered. This is what the committee received. As is appropriate, a confirmation quote on judge kavanaughs nomination to the Supreme Court of the United States only after an appropriate background check into the allegations made by professor ford and others is completed, the federal bureau of investigation. We make this request because of the specs for the rule of law and due process. The basic principles that underscore the scent of constitutional duty of advice and consent require nothing less than a careful examination of the accusations and facts by the fbi. Each appointment to our nations highest court is simply too important to rush to about. Deciding to proceed without conducting an Additional Investigation would not only have a Lasting Impact on the reputation, but it will also negatively affect the great trust is necessary for the American People to have Supreme Court. It must remain an institution that will reliably follow the law and not politics. Respectfully, the senate should recognize that a thorough fbi investigation will demonstrate its commitment to a Supreme Court that is above reproach. The letter was signed by robert carlson. All of the quotes yesterday about the aps from judge kavanaugh are a distant second to what we have been asked by the same organization to do. It is not unreasonable. Who is telling the truth . Two star witnesses in the directorate contradiction. But there is one significant difference. One of them said i will submit my testimony and myself to the federal bureau of investigation, understanding that anyone who lies to the federal bureau of investigations is subject to criminal prosecution. The other evaded the question over and over. Its up to the committee, slipped to the chairman. You are going to have to decide on that. You make that decision. Judge kavanaugh knows better. He knows that if he had turned yesterday to white House Counsel and said suspend this until my name and reputation are cleared, it is the right thing to do, because those skills have been tipped in favor of once one witness, willing to take her case before the fbi, i will be voting no for the nomination of Brett Kavanaugh to the Supreme Court. Bill the democrat there from illinois, strong statement yet again. There are two facts that we know at the moment, 1 30 eastern time, scheduled vote. 11 republicans, ten democrats. We also know that jeff flake, the republican from arizona is a yes vote. With me now, jim joyner, the republican from the hill. What do you make of the last 25 hours or so . Will, i think it is great news that he is going to support judge kavanaugh. I thought he handled himself extremely well yesterday. We know his judicial background, we know his intellect we know how great he did in school, how great he has been on the bench already. But just as discipline in his life. You talk about his commitment to his studies, than trying to play basketball, global. I was impressed by that as well yesterday. I think he should be on the court. I hope that wont happen as soon as possible. Bill well, we will see based on what others do. It appears that he will emerge from committee, largely along party vote. You have an election in 39 days. What is your sense as to how this could impact those on the right or on the left . Well, i think this election is really about two contrasting visions for where we are going to take the country. I have never seen the Democratic Party take the position that they are now taking. They applauded colin kaepernick, and they cheer on Maxine Waters when she says go out and support people who support the president of the United States. That is crazy, but that is the position that the left has now taken in this country. Contrast that with President Trumps leadership. The economy is at 4. 2 , lewiston years, and count on now it looks like going to the court. Hostages returned from north korea, that is how we have to shape this. I think if we do that, we can keep the majority and continue to do the good things. Bill specifically on the kavanaugh matter. Do you get the feeling that it drives more republicans out . I want him on the court because i think he is the right guy. I want him on the court for that reason. That is for the American People to decide. I think the American People want to put the right people on the court. That is why they may donald trump president , and i think he is that type of guy. I am not worried about the politics. I want the right guy on the United States Supreme Court, and i think Brett Kavanaugh is the real. Right guy. He is definitely coming sometime in the next few weeks. Sometime in the next few weeks, i hope sooner rather than later. Like it, you cannot have the guy who is now running the justice department, telling subordinates that he is considering recording the commander and a chief, even if it is done in a sarcastic fashion, you cannot have that happen. This is the guy who wrote the memo for a firing james comey, and who also is one that according to press reports, threatened house intelligence efforts. And i think he is also responsible for the documents not being given to congress. Are you confirming that Rod Rosenstein has agreed with you to meet on the hill . I dont know if he has officially agreed. I know that house leadership and a chairman and a number of us who are on that committee ends the task force are pushing for him to get here, and they are all in support of him getting here. Bill our folks on the whole are confirming that. I know hes coming, i just dont have a date. When that date is, i dont know. But i think it is something in the next couple of weeks. Bill what is your sense about his testimony . How does he define what the context and conversation was . First question was who was in the meeting. It looks like andy mckay was in the meeting. I dont know if we can trust those are not. That is what the New York Times reported. Andy mccabe, lisa page, and peter strzok. Who was all in the meeting. When we find out who was in that meeting, i think they will have to come in and interact them i can answer questions as well. You have to go right to mr. Rosenstein, get him in that meeting under oath so that he can answer our questions about who all was there and what all took place. Bill thank you for your time, jim jordan. Watching these proceedings tonight. It is a bit after 11 00 in the morning, friday morning here in late september. If youve been watching for the past 25 hours, you have seen absolutely riveting testimony on behalf of dr. Christine ford out of california who made the trip yesterday, delivering testimonies of something that happened to her 36 years ago. It directly in line and it adds Brett Kavanaugh. It was after the conclusion of the morning session that Brett Kavanaugh walked in, handinhand with his wife, ashley, sat down on the table, and is delivered of a blistering 45 minutes emotional drama filled address, defending him and his family and the record he says he has been up professionally and personally. That is where we are right now. Back inside the committee now, speaking earlier today, he is back at the microphone now. For the desire to have exactly what we had yesterday. And it to contribute to what has been described as a circus atmosphere. Cruel, reckless, no sense of decency. I would point to the fact that judge kavanaugh aside as long as this nomination has been pendin pending, you seen it trended towards more and more skirmish, salacious, and uncorroborated allegations being made against it. All of which the chairman into the committee, professional stuff, have been investigating. We heard from dr. Ford. We also saw the claim by ms. Ms. Ramirez that was uncorroborated by the dozens of witnesses that allegedly existe existed. The New York Times cannot confirm. Nobody would confirm. Her allegation. And then yesterday, the Ranking Member quoted from some of the claims mrs. Swetnick, represented by mr. Michael avenatti. And i was struck by the fact that some of the allegations made in the statements by miss swetnick, we got on september 25th, 2018, accused mark judge and Brett Kavanaugh to gang at rape High School Girls at a time when ms. Swetnick was in college and says she went back to parties in high school. Where girls were getting raped, not on one or two occasions, but she said she went to ten such parties. I am shocked that our colleagues would embrace this kind of uncorroborated, outrageous, salacious allegation. Considering the facts and the timing and the representation by Stormy Daniels lawyer, obviously eagle to mike eager for more notoriety. You did not hear that yesterday after talking about some of the allegations by ms. Swetnick. Our friend, the Ranking Member, said yesterday about the integrity of the senate is on trial. I agree with that. And we are feeling badly. Cruelty, recklessness, indecency toward the people we should be treating with respect and dignity. That extends to mark judge. It isnt it what is happening here with the mark judge . He has submitted a statement under penalty of felony, saying Brett Kavanaugh and i were friends in high school, but we have not spoken in many years. I do not recall the events. He cemented that statement yesterday. He said i never saw brett act in the manner dr. Ford describes. I am knowingly submitting this under penalty of felony. So he says he has nothing more to offer. He submitted his statement under penalty of felony. He gets to be a recovering alcoholic. As well as a cancer survivor. He said he struggles with depression and anxiety. So much that he avoids public speaking. Our colleagues across the aisle believe that the appropriate course of conduct is to drag mr. Judge into the circus like atmosphere answer to subject his battle with alcoholism and addiction to public investigation, scrutiny, and ridicule. That is cruel, that is reckless. That is indecent. So mr. Chairman, in conclusion, i believe this is a calculated effort to delay the vote. I think this all points to that. And the longer we go without warning, its clear to me that people like Michael Avenatti and others trying to get attention, willing to peddle the most salacious, uncorroborated, outrageous allegations against this nominee, that we will continue to see more of the sam same. Its wellknown that 159 nominations are pending on the senate calendar. If theres been one thing that has been a hallmark of our colleagues conduct across the aisle during the time of the trump administration, it is to obstruct and to deny this administration the benefit of the nominees, which they have sent to the senate for advise and consent. That includes not only judges but all aspects of the federal government. All 150 nominations pending because even in uncontroversial nomination, they want to obstruct, delay, and to deny. The people that we have chosen to help govern. So it strikes me as entirely consistent with what we have seen on this nomination. And i think its disgraceful. Senator hatch that yesterday i think the way dr. Ford and judge kavanaugh have been treated is a scandal. And it is cruel, reckless, and indecent. Senator whitehouse. Thank you, i will be fairly brief because i have announced that i will vote against cabin already. It just, has an unpleasant record both of us with and rulings for a powerful array of activist Republican Special interest. To whom he gives a 90 win rate the Supreme Court has an equally unpleasant record of 54 partisan rulings for the same big interest. Not through four times, not even one or two dozen times. But under chief justice roberts, 70 times. All 54 partisan decisions. The court is flying all the warning flags of the captured agency. Dancing to special interest to teens and rampaging through president and principal to get there. This will be a disaster to the court, and i believe that kavanaugh will contribute to the disaster. His partisan spree yesterday was telling. As to yesterday, let me be frank. I believe dr. Ford. I may be wrong, but i believe her. And i believe kavanaugh dodged and disassembled, ranted and raved, filibustered and barricaded. I did not find him credible. I dont believe that is flatulence, i dont believe that the devils triangle is a drinking game, and i dont believe that calling yourself a girls alumnias is what they said, and a drinking on tell you dont remember the game or need to piece together your memory the next day is more consistent with dr. Ford and others testimony than his own. If dr. Fords testimony is true, i hope we can all agree, kavanaugh has no business on the court. And i for one believed her. But set aside my own beliefs. As a prosecutor, i am horrified at what the committee has done. Terminating the fbi Background Investigation before the new allegations were even considere considered. During partisan interviews bipartisan stoppers, declaratively determined to push the nominee through. Letting kavanaughs alleged accomplice in the assault, like i am the room with him when it happened get away with the lawyers letter and no testimony, no crossexamination, the lawyers in the room will now the reverence with which we cane is cited. Beyond any doubt, the greatest legal engine invented for the discovery of truth is crossexamination. Mark judge is in hiding instead of under subpoena. And that greatest legal engine has been deliberately disabled. In this matter. But we have one example of where investigations might help it. Heres kavanaughs calendar. Dr. Ford said that kavanaugh and judge and pj and at least one other boy were all at house. Well, we know Brett Kavanaugh was there. Because its his schedule. And heres judge, and he is pj. Here are all those three named boys, and others at a house together, just as she said. She says kavanaugh and judge were drunk. And that she had a beer. Skis is brewskis. They were drinking, just like she said. Now i will concede that the two girls arent mentioned. But spot me this. If you had a just sexually assaulted one of the two girls, would you add the girls names to your calendar . I doubt it. This may, may be powerful corroborating evidence that the assault happened, that it happened that day, and that it happened in that place. But with no fbi investigation, we cant tell. Thats how you get out of his better box. You investigate. Its the least thing as Sexual Assault victim is entitled to when she comes forward. The fbi could interview all of the attendees. Not just to obtain simple denials, but to crosscheck and see if the stories out of. The fbi could see if the house matches the locality and a description dr. Ford gave. The fbi could pursue other corroborating or exculpatory evidence. Its what they do. Anybody who has done any Serious Investigation knows you dont stop just with witness statements of interested partie parties. You run down corroborating and impeaching evidence. You check and crosscheck. You ask and go back again. You do the basic blocking and tackling of investigations. Partisan interviews by political stuff predetermined to clear the how many just arent the same as real investigators doing a real investigation and corroboration. I dont think this has ever happened before in the history of Background Investigations. Closing out the Background Investigation without investigating new credible allegations. You cannot tell me ms. Fords allegations werent credible, they were credible enough to get her before the senate. And yet she was not given the most basic decent thing. A witness or victim could be given after they come forward. Fear or thorough investigation. Closing out the Background Investigation without investigating new, credible allegations, not any of three, all from the women demonstrably and kavanaugh social circle. Look at this. This ridiculous letter. From the other alleged assailants in the room. Its equally ridiculous, yesterdays fig leaf, i guess you would call it, where the statement is repeated just at this time with his signature on it. Ask yourself, do you think investigator kavanaugh would have tolerated letters like thi this . From the third person in the room, has there been one, with mr. Clinton and ms. Monica lewinsky . Never in a million years, and yet this is what we are supposed to satisfy ourselves with in this matter. Preposterous to anyone who has ever done Serious Investigation investigations. Yet this is what we are left with. We have done a bunch of an investigation. Over time, i expect the facts to come out. They have a way of doing that. Coverups never last. The sand is running through kavanaughs hourglass. And i pledge whatever i can do to make sure that the truth of his conduct is ultimately determined. Setting aside this botched, we go back to us Supreme Court that is so often dancing to the tune of the republicans. Big Republican Special interests using the unlimited at dark money power the Supreme Court gave them to mount tv ad campaigns for nominees. Big Republican Special interests funding frequent flyer socalled friends of the court, offering constant instruction and encouragement to the five republicans on the supreme cour Supreme Court. And big Republican Special interests on the winning side of those with 754 partisan victories. The fruits of their political labor. People are catching on. The record of this is undeniable, and as i said, it will be a disaster for the cour court. I yield my time. You should try to clarify about the calendar. Thats the senator put up there. The entry has exploits listed for july 1st in 82. It says go to tammys house for skis with tom, pj, bernie, and squi. That is seven boys. That is the wrong gathering. To allegations made by my colleague, incorrect. First, i never terminated the fbi investigation. I didnt have any authority to open or close in fbi investigation. The fbi considers this matter closed. My colleagues were worried about the partisanship of the investigation, the democrats could have joined us at every step of the way. However, we all know they declined to participate. We did receive a letter signed by a mark judge himself under penalty a felony. I read it previously this morning. Thank you, mr. Chairman. We spent a lot of talk about the need for an fbi investigation. There are many of us who wish that this is where this would have begun and it should have begun. As it could have begun, had these letters been handed over to the fbi. With the request that they be investigated at an earlier time. As early as july or early august. Lets talk for a minute about what would have happened, how that occurred. Well, they would have gone to dr. Ford, they would have interviewed her, prepared a report, outlining dr. Fords allegations. Their report would have reflected more or less what we heard yesterday, probably a more distilled version of that, similar to what we saw in her written statements before she appeared before this committee. It would have gone to judge kavanaugh. They would have interviewed judge kavanaugh, and he would have told us then, as he told us yesterday, that no such event ever occurred. But he never did this to any woman, not in high school, not in college, before, not after. They would have gone to the other alleged eyewitnesses, to this event, including mark judge, patrick smith, and leland keyser. They would have taken statements from each of them, and they would have indicated, as they have each indicated in recent statements submitted to this committee that they recall no such event ever occurring. So we have investigated i too wish it had been investigated by the fbi, and as it could have been, as it should have been, as it would have been, when these letters were received. This could have been handled in a much more dignified manner, men are much more respectful to dr. Ford and it judge kavanaugh appeared respectful to both of their families, and indeed, this entire process. Some have mentioned to david that there was some emotion in the room yesterday. Yes, certainly. These are emotional circumstances. My heart goes out to both of the families of dr. Ford and a judge kavanaugh. I have blamed neither one of them for demonstrating some emotion. Enough for a moment. In the case of dr. Ford, clearly, she has been through something awful. In the case of judge kavanaugh, qi, and recent days, has seen this allegation dragging his name dragged through the mud on a lot of other things. Including an allegation that he was involved in and in effect running Drug Distribution and a gang rape ring. Now ask yourself the question, if you or someone you love was alleged to have been involved in running Something Like that, it might not you feel a little emotional as well. And might not that spill out into your testimony if you were called in front of this committee. Look, we have a job to do today. Our job yesterday was to hear from judge kavanaugh and dr. Ford. We have done that. Our job now is to vote. Today, we are going to do that. Thank you, mr. Chairman. Thank you, mr. Chairman. I side of the first day of the first hearing regarding judge kavanaugh that this is not normal. It might look normal, we have the nominee, we have the family behind them. You have all of the cameras on. But it wasnt normal. It wasnt normal because this nominee was handpicked by a president who in just the last week has gone after the attorney general, threatened to fire the Deputy Attorney general who is overseeing a major investigation, National Security investigation, handpicked by a president who is constantly undermining law enforcement, constantly undermining the fbi. And yet this president picked a nominee who has the most expansive use of executive power that we have seen. A president , a view of executive power that according to his writings, and even the case law, says that in his own words and opinions, that a president should be able to declare laws unconstitutional. In his own views in legal writing, that a president should be immune from investigation while sitting in office. That we shouldnt have a special counsel statute. So that is where we start. As we look at the constitutional issues that we are facing. The second reason this is a normal is not we did not get the information that we needed. I come from a state that believes in process. In my old job for eight years, i headed up the Madison County attorneys offense. We handle juvenile cases every year, so i saw cases just like the one we heard about yesterda yesterday. In our role, i would always tell people if we let a case go, if we had to make a deal that people didnt like, our role was to be ministers of justice. It was to convict the guilty while also protecting the innocent. And i dont think that way protected the innocent very well yesterday, and i certainly dont think that we are doing it toda today. There was a lot of a lot of chest beating that went on yesterday. From the other side. And it was pretty effective, i guess, if the goal was to distrust the American Public, do distract and to deflect from the moving, powerful testimony that we heard, and i dont want to hear about respecting dr. Ford when we are not giving her the respect of having an investigation of the case that she made to us yesterday. It was a while ago that this happens. And theres other claims out there as well. But its been my experience, as a senator whitehouse just articulated, if you dont look at collaborating evidence, you are never going to know what happened. I have proposed and talked to some of my colleagues, and i know others have as well. It is a finite period for an investigation, maybe a week. George w. Bush ordered that in the anita hill case. A threeday investigation. That happened. Whether people like that outcome or not, it happened. That is not even happening here. We are not even giving dr. Ford their respective having that investigation. And that is wrong. That is not being ministers of justice. This was a woman with no political background who made an attempt to call the front office of her congresswoman. That is what she did. She did this before the nominee was even picked. She did it when the nominee was on a short list. Because she was concerned. That is what she did. So dont argue that she is part of some massive political strategy. Those arent the facts. And yes, its messy, digestive system is messy. Things come in at the last minute. It happens all the time. It happens before a trial. It happens before a hearing, and the question is not if its messy. Senator flake himself said yesterday, this is not a good process, but its all weve got. The question is what do you do when it happens . When you are in a position of power, what do you do when it happens . You may not like how this came in at the last minute. I would have liked to have known about it earlier, but i didnt hear the question is what you do do when it happens . And when it happens, you dont just put it under the rug. For so many years, this is what happened to claims like this. They were just swept under the rug. What happened in the house, no matter how bad it was, didnt belong in the courthouse. And that hurt women, and that her children for a long, long time. But the times are changing now. We have someone who made a credible point. The chairman even thanked her for her bravery. Well, where is the bravery in this room . In fact we could finite period of time to interview finite list of witnesses, someone who she alleges was in the very room where it happened. We are not able to crossexamine, we are not allowing the fbi to go in there and tell it to his face that you are going get intramural crimine if you do not answer these questions. That is not the same thing. We have a polygraph expert. Yesterday, i put that polygraph exam on the record. People are bristling over there, we want to see the charts. We would be happy to have him testify and explain how all of this was verified. As judge kavanaugh pointed out, this is not a test that is admissible in court, but guess what . We use it for job interviews, the fbi, the defense department, the cia, as the nominee himself has even said that this is useful to use for those purposes in a case that he decided in 2016. Those are the kinds of witnesses we could hear from if we have the opportunity. It gives me one week to do it. So i look at it this way. If we want to show dr. Ford response, give her the respect of having her case heard and her evidence looked at. I look at it as what are you hiding . What would hurt . If judge kavanaugh is so sure that he has with corroborating evidence and what this calendar means, then what is he afraid of if we just spend one week looking at the evidence . When i heard the sanctimonious talk about some kind of a political strategy, well i will give you exhibit a. Delayed for nearly ten months. You talk about the nominee getting off the floor when all that we are asking for is one week for an investigation, and you took him away from this committee for ten months, that is not even a comparison. That was a strategy yesterday. And a boy was it a strategy. And i sure hope that some of the saturdays who have not yet made a decision, that they will look at the evidence, look at what happened, see that it was. I asked dr. Ford yesterday about what she remembers from the night. And i also asked her what she kind for gas. And what she said. The stairwell, the living room, the bed on the right side of the room, the bathroom in close proximity, the laughter. The uproarious laughter. The multiple attempts to escape, and the final ability to do so. We heard her talk about how she said she had a civic a duty to bring this up. She actually brought it up six years ago to a counselor about how her husband recalled her using the judges name. In the rules of evidence, it says that statements made to a professional, to a medical professional are considered to be credible. In cases where you compare evidence, what would be the reasons to live . I look at on one hand, you have a judge who is a career making moment to get on the Supreme Court. By the way, no one is entitled to be on the Supreme Court. And then you have a woman who tried to keep this confidential, who came forward, sent a letter, try to do what she could to keep her name out of the news, and finally, when the reporter is showing up at her door, she came forward. When you look at the rules of evidence, credibility, the fact that she has mentioned this years before means a lot. But you could have doubters. I understand that. But when we dont have an investigation and we dont have things in writing to be able to look out the facts, where are w we . I have been on this committee for number of years, and i have been briefed on fbi background checks. Nominees withdraw because of what is in those background checks. They pull those names out. The press never knows it, but it happens. Or sometimes we are presented with some information that is not public, and we have to make a decision. Does this drug use amount to something that should keep this person off the bench . It does looking at this website mean they should be taken off . This is the information that we get, and i think it is a good thing. Not everyone deserves to be dragged through the mud, things are contained in a background check. Can we have order . Because those background checks are useful for us, and they are useful for the American People. I for one dont want to live in an evidence free zone. We need this information. I would submit to my friends across the aisles of this is not he saidshe said. This is a he saidhe said. Including but nominees a roommate, a lot of people said that he gets a belligerent when he is drunk. Yes, that was a long time ago. Maybe he doesnt do that anymore. When i ask him about this to try to get to the facts, i am not an fbi agent, but all i was trying to do was figure out well, maybe he has partial memory loss when he gets drunk. Or maybe he blocks out. I dont know. I was trying to get that. What i get in response . A question about if i blackout. Did he apologize . He did, and i appreciated that, but the point is, if we could have the fbi, like we do with all background checks interview these witnesses, we could get to the bottom of the facts. It judge kavanaugh set on fox news and yesterday that he wants a fair process. Thats what he said he wants. And when i asked the judge why he wouldnt ask the president to have the fbi reopen the investigation yesterday, he did not make that request. He didnt really answer that question. There are only a few people in america right now that can reopen that investigation. The one sitting across the room because yes, senator grassley could have held off thats about it until we have that investigation. Judge kavanaugh could have equally said mr. President , moving forward, i want to at least clear my name, and i want to have the American People know whether or not this is true. He could have done that. Why didnt he do it . Because hes afraid of what they would find out. Yesterday, senator durbin noted, some of the letter urging the committee not to vote on judge kavanaughs nomination until the fbi has conducted appropriate followup. But ava said that they made that request because of their respect for the rule of law and due process under law. Just waiting until the stuff is done talking over there. The aba said that they made the respect to mike request because of their respect for the rule of law and due process under the law. I chose to get on this committee, i did not get on right away, i had done this work for eight years before. Two years after i got to the senate because i decided i wanted to continue that. To uphold without respect for the rule of law and due process under the law. But thats not what i saw yesterday, so if this committee is not going to respect the law, and if we go to the floor and the same thing happens again, i would remind my colleagues that the constitution does not say we, the ruling party. It says we, the people. And if we want to have a check and balance on this administration, if we want to have fair process, they are the only ones left to pitch in here. They are the only one left to have a say. Because right now, the way this process is run, we are not running it like we, the people. We are rolling its like we, the ruling party. I vote no. Senator cruz, we are hearing about fair and open and everything that i just heard, you heard the inference of political strategy on the side of the aisle, not to be fair and thorough. I have in the back of my mind something that was said soon after july 9th. Senator schumer said, a political strategy that is carried on here the way that it is, delay, delay, delay because he said im going to fight judge kavanaughs nomination with everything ive got. And it seems like that has happens over the last 90 days. Thank you, mr. Chairman. We are living in a divided time. This country is divided right on the middle. There is an enormous amount of anger. There is rage. There is hatred. We see demonstrators screaming at each other. Reflecting that rage, reflecting that anger. And i know there are a great Many Americans who wish we could and believe we can get back to an environment where we treat each other with civility and decency. Get back to an environment where yes, we have policy disagreements, we disagree on what the right legislation is to pass, and even we have debates about what the right policy is, but do so in a context that supports each other, that doesnt mean our humanity, that the attack the character and a drag through the mud. The politics of personal destruction that we have seen on display in recent days. Is washington, d. C. , at its very ugliest. And all of us should remember that we are talking about real human beings here. These arent pawns in a chessboard. These are real people. Dr. Fort has been through hell. The last two weeks, i have no doubt, have been extremely painful for her, for her family. The testimony she gave yesterday was powerful. It was clearly heartwrenching, and it was clear that she was hurting. Having her name made public against her wishes and a drive through the mud, it was a hurtful thing to do. And it judge kavanaugh, he too has been drive through the mud for the last two weeks, in a way that has no precedents. In our polarized society we live in today, half of us where one teamsters he, the other half wheres the other teams. And everything we see, we see through the lens of our jersey. So it would not surprise me, a significant percentage of those, the democratic side of the aisl aisle, so yesterday is a testimony and concluded he must be guilty. And it would not surprise me if a very significant side of those on the republican side of the aisle concluded that he must be an innocent based on the same testimony. One of the consequences of that you know, judge kavanaugh talked about how these smears, the many that have been leveled against him, how they have as he put it, destroyed his family. Some of that may sound like hyperbole. I dont think it is. Judge kavanaugh has two young daughters, a 10yearold and a 13yearold. For the rest of their life, his daughters will go to school, interact with people, many of whom are convinced their father is rapist. I want you to think of that. Not i disagree with you, if not i think you are wrong and how you interpret the constitution, but lets be clear, he has been accused of among other things, participating in repeatedly drugging and getting raping women, to take some of the more sensational and ludicrous claims. These little girls are going to have other kids in their classroom repeat those charges to them. Some of the most poignant test money testimony yesterday was when he described her teaching. He said he may never get to teach login. And thats entirely possible even if he is confirmed. I am a graduate of harvard law school. I think it is entirely possible that they would say we do not want someone who has been accused of this to ever teach again. He also talked about how much she has loved coaching girls basketball, coaching his girls team. He mentioned he may never coach again. Thats a very real possible consequence. Of the mudslinging and irresponsible behavior of the last two weeks. It may well be in this partisan divided world that the parents of the other girls say no, we dont want him as a coach anymore. Our words and actions have consequences. That being said, even though this is a divided time, even though it is a partisan plan, i have faith in the American People, i have faith that we want to be fairminded. We want to actually assess the facts. We want to assess what happens. I think its important that once these allegations became public, that dr. Ford was given a full and fair opportunity to tell her story. I emphatically urge my colleagues that was the right thing to do, to give her the opportunity to testify in public and that it was important that she be given an environment that was fair, that was respectful, that she not be demeaned or attacked, and she wasnt. That was the right thing to do. Once this had been forced up to the front pages of the paper, the right thing to do was to give her a full public form to tell her story. But the right thing also requires, and we saw yesterday, judge kavanaugh being given a full and fair opportunity to defend himself. The American People watched that testimony. And you come away with a number of conclusions. Their testimony is in direct conflict. What they said it is conflicted. Judge kavanaugh categorically deny the allegations. So the question is how do you resolve this discrepancy . How does the United States senate . How does the American People resolve this discrepancy that is diametrically opposed . Well, the only way that i know how to do it, and this is how a court of law operates, this is how most reasonable people operate. When you have conflicting testimony, what does the rest of the evidence demonstrate . What other evidence is there, and what does it demonstrate . Dr. Ford named three fact witnesses who she says were there and could corroborate her story. None of the three corroborate her story. Not only do they not corroborate her story, all three of the witnesses explicitly refuted her story. And they did so under penalty of perjury. They did not do so lightly, they did so in a context that under the United States code, they could face up to five years in prison if they lied to this committee. So every single fact witness that dr. Ford named pavlik disputed her allegations. Now one of those witnesses was mr. Judge. We have heard a lot of discussions about mr. Judge. A lot of my colleagues and said why didnt we hear testimony from mr. Judge . Well, he refused to talk to the committee. He submitted a statement, a statement under penalty of perjury and a felony, but he refused to be interviewed. It is not complicated to understand why. Public record indicates mr. Judge has had a very troubled life. That he has battled with addiction for most of his life. We have heard testimony yesterday that he has been near death, that he battles with depression, that hes a cancer survivor. He has also been directly accused of multiple felonies. So when Committee Investigators asked to interview him, he said no. That shouldnt surprise anybody we had about earlier today. It is not complicated what would happen if he were subpoenaed. If he came before this committee, any defense lawyer would tell mr. Judge not to testify. Now i understand politically democratic members of the senate would very much like to see a man who has struggled with addiction most of his life pleading the fifth. At that would make great theatrics. That would make a great political theatrics. It wouldnt help one iota in the search for the truth. But it would make a great public show. And i will say of the three witnesses, the one that i think is the most revealing is leland keyser. Ms. Keyser was Close Friends with ms. Ford, she has every incentive to back up her story, and instead ms. Keyser, she says she doesnt know judge kavanaugh, and she has no recollection of any party like the one dr. Ford describes. Dr. Ford testified that she texted her after submitting that statement to say that she was sorry, sorry for not backing up her story. I think that indicates that her incentives, if at all possible, to back up the story, she had no motive to lie. Every incentive to corroborate the story, yet she did not do s so. All three fact witnesses have explicitly disputed the allegations. What other evidence do we have . We have judge kavanaughs calendars. A detailed, day today. I have to admit, when the calendars were first released it, i did not find that is particularly persuasive evidenc evidence. Until he walked through each of the possible days. He discussed how he was out of town for many of the days, how he had conflicts for many of the day of. The notions of his calendars were almost like diaries. Frankly, i think its kind of odd. That is not something that many people do, but it appears to be something that he and his father did. Thats evidence that he kept in 1982, i tell you, it would be powerful. If you are trying to figure out which is telling the truth, you would look for contemporaneous evidence one way or the other. And finally, we know judge kavanaughs impeccable record. Of decades of public service. He is 53 years old, and prior to two weeks ago, there have been no allegations whatsoever of this guy. Six fbi checks. Steve, sarah fbi checks. Nobody raised any claim like this. Now all of us know from Human Experience that if someone is sexual creditor, committing the kinds of actions that have been alleged, that it is very rare that they are a one time offender. That if someone is carrying out this type of conduct, they typically have a pattern of doing so over and over. We have seen powerful men in politics, journalism, hollywood whose careers have rightly been ended, but they have been entered for a pattern and harassment of the abuse typically extends for decades because they will behave like this over and over again. There is no credible indication that that has occurred. Indeed, it is striking that in his 12 years as a federal appellate judge, the majority of his law clerks have been women. That is exceptionally unusual. I do not know of another federal appellate judge for combat is the the case, and i can tell you his law clerks review him. They hold him in the very highest of respect. His reputation in this town is of being a boy scout. Being a boring boy scout. That has been his reputation for a long time. Now, some might say well, gosh, in the press, there have been these other sensational allegations. We have seen others that have popped up after this one. I thought it was striking in yesterdays hearing that not a single democrat chose to ask about any other allegations. I think that indicates how little credibility there is behind those allegations. The one that is the most sensational by the client of mr. Michael avenatti, the extraordinary claim, which apparently are democratic colleagues are embarrassed to say publicly because they demonstrate that this has become a partisan this is about smears. And i at the summit, asked senator if he can sum up, the reason i have done that is i like to give everybody a chance to speak. This committee has given dr. Ford and judge kavanaugh full and fair opportunity to lay out their views. And i will say unfortunately, the conduct of our democratic colleagues, its been clear that this has been all about politics, all about delaying this confirmation until after the election hoping that they win the senate in the election