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Trump orders FBI probe of Supreme Court nominee Brett Kavanaugh, but says it must be ‘limited in scope’

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ASSOCIATED PRESS / July 9

President Donald Trump shakes hands with Supreme Court nominee Brett Kavanaugh in the East Room of the White House on July 9 when the nomination was announced.

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ASSOCIATED PRESS

Sen. John Cornyn, R-Texas, paused as he spoke to media as he left at the conclusion of Senate Judiciary Committee hearing on Capitol Hill in Washington, Thursday, with Christine Blasey Ford and Supreme Court nominee Brett Kavanaugh.

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ASSOCIATED PRESS

Sen. Jeff Flake, R-Ariz., listened during a meeting of the Senate Judiciary Committee, today, on Capitol Hill in Washington.

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ASSOCIATED PRESS

Supreme Court nominee Brett Kavanaugh testified before the Senate Judiciary Committee on Capitol Hill in Washington, Thursday.

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ASSOCIATED PRESS

Democratic Senators stood to walk out of a Senate Judiciary Committee meeting, today, on Capitol Hill in Washington.

UPDATE: 11:12 a.m. HST

WASHINGTON >> President Donald Trump is directing the FBI to launch a supplemental investigation into his Supreme Court nominee Brett Kavanaugh at the request of the Senate Judiciary Committee.

Trump said in a statement today that the updated investigation, which comes in response to sexual misconduct allegations, “must be limited in scope” and “completed in less than one week.”

The decision marks a reversal for the administration, which had argued that Kavanaugh had already been vetted.

Kavanaugh has adamantly denied the allegations.

Senate Republican leaders agreed today to delay a final vote on Kavanaugh to allow time for an investigation by the FBI at the request of Arizona Sen. Jeff Flake.

Kavanaugh said he’s done “everything” the Senate has asked of him and “will continue to cooperate.”

9:50 a.m.

Senate Republican leaders have agreed to delay a final vote on Supreme Court nominee Brett Kavanaugh to allow time for an investigation by the FBI of the sexual misconduct allegations against him.

Sen. John Cornyn of Texas, the No. 2 Republican, says, “There’s going to be a supplemental background investigation,” which would delay a vote “no later than one week.”

Sen. Jeff Flake of Arizona, a member of the Senate Judiciary Committee, called earlier today for the FBI to investigate the sexual misconduct claims against Kavanaugh. He said the process should not take longer than a week.

After Flake made that call, the Judiciary Committee sent Kavanaugh’s nomination to the full Senate in an 11-10 vote.

PREVIOUS COVERAGE

WASHINGTON >> After a dramatic flurry of last-minute negotiations, Supreme Court nominee Brett Kavanaugh cleared a key procedural hurdle today, but his confirmation prospects were still deeply uncertain after a Republican senator called for a new FBI investigation into sexual assault allegations.

It was unclear whether Republican leaders or the White House would back Arizona Sen. Jeff Flake’s request for further investigation or instead would press forward with a full Senate vote on the nomination. Senate Majority Leader Mitch McConnell huddled with GOP senators in his office to discuss next steps

President Donald Trump, who has accused the Democrats of obstruction and opposed the FBI probing the allegations against his nominee, said merely that he would “let the Senate handle that.” In fact, it’s the White House that would have to ask the FBI to investigate.

Today’s developments unfolded a day after Kavanaugh and an accuser, Christine Blasey Ford, testified in an emotional, hours-long hearing that was televised nationwide. Kavanaugh angrily denied the allegation that he assaulted Ford while they were both in high school, but she said she was “100 percent” certain he was her attacker.

Flake, a key moderate Republican, was at the center of today’s drama and uncertainty. In the morning, he announced that he would support Kavanaugh’s nomination. Shortly after, he was confronted in an elevator by two women who, through tears, implored him to change his mind. The stunning confrontation was captured by television cameras.

After huddling privately with his colleagues, Flake announced he would vote to advance Kavanaugh’s nomination to the full Senate only if the FBI were to investigate the allegations against the judge. Democrats have been calling for such an probe, though Republicans and the White House have insisted it’s unnecessary.

The committee vote was 11-10 along party lines.

Flake said that after discussing the matter with fellow senators, he felt it “would be proper to delay the floor vote for up to but not more than one week.”

Attention quickly turned to a handful of undecided senators. West Virginia Democratic Sen. Joe Manchin said he supported Flake’s call to push off a full Senate vote until the FBI investigates Ford’s allegation. He said the probe should happen “so that our country can have confidence in the outcome of this vote.”

It was unclear if Republican Sens. Susan Collins of Maine and Lisa Murkowski of Alaska would do the same.

With a 51-49 majority, Senate Republicans have little margin for error on a final vote, especially given the fact that several Democrats facing tough re-election prospects this fall announced their opposition to Kavanaugh today. Sens. Bill Nelson of Florida, Joe Donnelly of Indiana and Jon Tester of Montana all said they would vote no.

During Thursday’s hearing, Democrats repeatedly peppered Kavanaugh with questions about whether he would support an FBI investigation. He demurred, saying he would back whatever the committee decided to do.

The FBI conducts background checks for federal nominees, but the agency does not make judgments on the credibility or significance of allegations. It compiles information about the nominee’s past and provides its findings to the White House, which passes them along to the committee. Republicans say reopening the FBI investigation is unnecessary because committee members have had the opportunity to question both Kavanaugh and Ford and other potential witnesses have submitted sworn statements.

If the FBI does reopen the background investigation, agents could interview accusers and witnesses and gather additional evidence or details that could help corroborate or disprove the allegations.

Democrats have been particularly focused on getting more information from Mark Judge, a high school friend of Kavanaugh who Ford said was also in the room during her alleged assault. In her gripping testimony, Ford said Kavanaugh and Judge’s laughter during the incident has stuck with her nearly four decades later.

Judge has said he does not recall any such incident. In a new letter from his lawyer, he said he will cooperate with any law enforcement agency assigned to investigate “confidentially.”

Flake, the 55-year-old Arizonan, has made himself a central character in the drama. As a retiring Republican, with no public plans to face GOP voters soon, Flake has emerged this year as a vocal and biting Trump critic and an advocate for bipartisan cooperation in Washington, even has he largely votes with his party.

Flake’s post on the committee has given him another platform. In recent weeks, he’s acted as a committee liaison to the Democrats and moderates Republicans urging a slower process. Last weekend, he pushed the committee to give Ford more time to decide whether to testify. Democrats have been eyeing him as a possible “no” vote, leaving many surprised to see him announce this morning that he backed the judge. He made clear hours later his vote wasn’t yet secure.

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