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As it happenedended

Brett Kavanaugh vote: Trump orders FBI background investigation into Supreme Court nominee after Jeff Flake calls for Senate vote delay

After the committee decision attention will turn to moderate Senate Republicans like Susan Collins and their possible voting intentions in a full chamber vote

Mythili Sampathkumar
New York
,Chris Baynes
Thursday 27 September 2018 20:14 EDT
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Senate Judiciary Committee votes 11-10 to progress Brett Kavanaugh Supreme Court nomination

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The Senate Judiciary Committee has approved Donald Trump's nomination of Brett Kavanaugh to the Supreme Court, in a vote 11-10 on party lines.

However, moderate Republican Senator Jeff Flake called for an FBI investigation into sexual misconduct allegations against the judge before a final Senate vote. Mr Trump later ordered the FBI to conduct that understanding.

Mr Flake's intervention means a final Senate vote on the nomination could be delayed for up to a week so that the FBI investigation can be completed. Mr Kavanuagh denies the allegations from three different women.

“I will vote to advance the nominee to the floor with that understanding,” Mr Flake said.

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Good morning and welcome to The Independent's live coverage of what could be a pivotal day for Donald Trump's Supreme Court nomination.

The Senate Judiciary Committee is set to vote on Brett Kavanaugh's proposed appointment this morning, after hearing evidence from one of three women who has come forward with sexual misconduct allegations against him.

During four hours of compelling testimony on Thursday, Christine Blasey Ford told senators Mr Kavanaugh had assaulted her at a house party in 1982.

The judge also testified before the committee, strenuously denying Ms Ford's allegations as well as those levelled by Deborah Ramirez and Julie Swetnick.

Chris Baynes28 September 2018 11:21
Chris Baynes28 September 2018 11:24

The American Bar Association has called on the Senate Judiciary Committee to delay a vote Brett Kavanaugh's appointment to the Supreme Court so the FBI can investigate the sexual assault accusations against him.

In a letter to the committee committee on Thursday evening, the organisation's president Robert Carlson wrote: "The basic principles that underscore the Senate's constitutional duty of advice and consent on federal judicial nominees require nothing less than a careful examination of the accusations and facts by the FBI."

Chris Baynes28 September 2018 11:27

The intervention from the American Bar Association is hugely significant because the organisation has previously endorsed Brett Kavanaugh's  nomination for the Supreme Court.

Last month the ABA's standing committee bestowed upon the judge a unanimous "well-qualified" score, the highest possible ranking.

Mr Kavanaugh referred to the association's support during his testimony yesterday.

Chris Baynes28 September 2018 11:39

The American Bar Association's call for a delay in confirming Brett Kavanaugh's appointment is unlikely to go down well with Donald Trump.

The president declared his continued support for his nominee following his testimony, and demanded: "The Senate must vote!"

Chris Baynes28 September 2018 11:58

The White House is pushing back against the American Bar Association's call to delay a decision on Brett Kavanaugh's appointment to the Supreme Court.

Spokeswoman Sarah Huckabee Sanders told reporters Donald Trump's pick had already "been through six separate background investigations by the FBI." 

She reiterated the president's support for Mr Kavanaugh and said be felt his testimony was "powerful, it was riveting and it was honest." 

The ABA has said the decision was "simply too important to rush" and said the FBI should investigate the sexual assault allegations against Mr Kavanaugh.

"We make this request because of the ABA's respect for the rule of law and due process under law," the said the president or the organisation, which counts more than 400,000 US lawyer and law students as members.

Chris Baynes28 September 2018 13:14

 The magazine of the Jesuit religious order in the United States has publicly withdrawn its endorsement of Brett Kavanaugh following Christine Blasey Ford's testimony.

In an editorial posted late on Thursday, America said it had no special insight into whether Donald Trump's Supreme Court pick or his accuser was telling the truth. But it said that his nomination was no longer in the interests of the country and "should be withdrawn." 

"If Senate Republicans proceed with his nomination, they will be prioritising policy aims over a woman's report of an assault," said the editorial. "Were he to be confirmed without this allegation being firmly disproved, it would hang over his future decisions on the Supreme Court for decades and further divide the country."

The reversal is significant because Mr Kavanaugh has repeatedly cited his Catholic faith and Jesuit education in defending himself against Dr Ford's accusations. In his opening statement during his evidence on Thursday, he twice referenced his years as a student at the Jesuit-run Georgeown Prep school in Maryland.

Chris Baynes28 September 2018 13:21

The Senate Judiciary Committee will meet in about an hour to discuss Brett Kavanaugh's nomination to the Supreme Court.

The committee's 11 Republicans and 10 Democrats can recommend that the full Senate either approves or rejects his appointment, or they could make no recommendation at all.

If all 10 Democrats on the committee vote against appointing Mr Kavanaugh, which is possible, the spotlight is likely to shine on Republican senator Jeff Flake, who is retiring after this year and has shown a readiness to defy Donald Trump.

Mr Flake is yet to say whether he supports Mr Kavanaugh's nomination but yesterday said the judge's accuser, Christine Blasey Ford, was "a compelling person" who "gave good evidence". 

If the committee recommends the judge's appointment, we're likely to see a procedural vote over the weekend before a vote of the full 100-member Senate to follow next week.

Republicans could choose to press ahead with a vote on Mr Kavanaugh's appointment even if the committee rejects him, but such a move would be unorthodox.

Chris Baynes28 September 2018 13:38

It seemed like all our readers were following along or watching the hearing yesterday, but in case you missed it, here are a few places to catch up: 

Here was our minute-by-minute coverage of Christine Blasey Ford's powerful testimony, Brett Kavanaugh's angry exchanges with Democratic Senators, and Lindsey Graham's equally dramatic performance during his statement. 

The word "disgrace" made quite a few appearances as well as an unanswered question - why don't Mr Kavanaugh and Republicans support an independent FBI investigation into Dr Ford's allegations? 

Mythili Sampathkumar28 September 2018 13:56

People old enough to remember say history repeated itself yesterday. 

In 1991 Anita Hill, a lawyer, accused Supreme Court Justice Clarence Thomas of sexual harassment just ahead of his confirmation. 

Mr Thomas, who was nominated by President George HW Bush, was almost certainly going to sail through his hearings with his public character intact until an FBI interview with Ms Hill was leaked to the media. 

Our own Andrew Buncombe was in Washington, DC, and saw protesters outside of Capitol Hill there in support of Ms Hill and Dr Ford. 

Mythili Sampathkumar28 September 2018 14:04

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