Brett Kavanaugh confirmed: The different decisions made by four alternate Senators



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They did not want company.

"Go!" Murkowski ordered a reporter who was locating the location when she arrived at the office.

This meeting marked the beginning of a remarkable week in which Kavanaugh's candidacy underwent an unexpected investigation by the FBI, intense protests that forced senators to be escorted by police via the Capitol and a vote rare in which the Senate leadership was not really sure of the outcome.

In the midst of all the drama of Kavanaugh's confirmation – the hearing, the protests, the FBI's surprise investigation -, the measures taken by the Senate Speaker of the Judiciary, Chuck Grassley, the head of the Majority, Mitch McConnell and the White House have all been considered for the undecided quartet. It was simply to bring them to yes.

Brett Kavanaugh confirmed at the Supreme Court

The remarkable confirmation, which was the subject of litigation even before it was thwarted by charges of sexual assault against Kavanaugh, sparked a bitter quarrel between Republicans and Democrats that Senators warn that the confirmation process of the Supreme Court could be tarnished forever.

The outcome of the decisions and actions taken at Capitol Hill over the past eight days will be an essential feature to analyze McConnell's legacy as Majority Leader, the Supreme Court's guidance and to shape the Political future of Collins, Murkowski and other legislators.

In the midst of the crash was the indecisive caucus, the four lawmakers who ultimately dictated the roller coaster process that culminated in Saturday's final confirmation vote almost three months after Mr. Kavanaugh's appointment. Both parties had hoped to withdraw other votes, but the four senators shared a unique connection because of their position.

"I think you all know we trust each other," said Manchin, one of the favorable votes, at the conclusion of the meeting with the three Republicans. "We are friends, which is so hard to find here."

The entire candidacy, but especially the last two weeks, has tested Trump's relationship with McConnell – marked by several tense phone calls – but the president eventually trusted the Republican of Kentucky and McConnell delivered a final vote at 50-48. Saturday afternoon.

Reporting this story is based on interviews with more than two dozen Senators, Assistants, White House representatives and other people directly involved in the process, many of whom have requested anonymity to discuss in any frankness of confirmation.

Half of the undecided caucus was needed to put Kavanaugh on the bench. Finally, three of the four decided to support him as the next Supreme Court judge. Here's how they got to yes.

Four unique politicians

Each of the four senators approached the Kavanaugh decision differently, and they asked for a different touch of McConnell and the White House to try to convince them.

Collins went through a deliberate process to review his case and opinions on controversial issues, including the right to abortion and Roe v. Wade. She was often in touch with Kavanaugh's team and White House lawyer Don McGahn, who oversaw the appointment. If she wanted to call Kavanaugh on the phone, he was available to talk.

Collins, who was to be re-elected in Maine in 2020, was in a political stalemate: a vote for Kavanaugh would galvanize the Democrats, while a vote against would likely raise a major challenge for the GOP.

Murkowski, on the other hand, was largely inside her own bubble when she decided how she would vote on Kavanaugh. McConnell largely left it alone to carry out its process, although Republican leaders ensured that she had the information she needed from Kavanaugh on her specific state concerns. concerning the Native community of Alaska.

Flake was in the middle of the action as a member of the Senate Judiciary Committee, a frequent critic of Trump who was not re-elected after he decided to retire in 2018. The most conservative of undecided Republican senators, Flake was in touch with the outside conservative voices who lobbied to support the candidate.

And Manchin was the only Democrat in the quartet, the only one to be re-elected next month. But he also comes from a state where Trump won a landslide victory and where Kavanaugh is favored. Manchin kept in touch with the White House throughout the process – and explained to them how he was voting on the morning of the key procedural vote.

Republicans pile up after blockbuster audience

Thursday evening after the Kavanaugh hearing, as the undecided foursome huddled in Collins' shelter, the rest of the Republican Senate conference was meeting in McConnell's office, directly downstairs, to discuss their next steps.

When the GOP senators met behind closed doors, the vast majority of the conference "tried to get it confirmed," according to a Republican senator. South Carolina Senator Lindsey Graham, who delivered a fiery speech at the hearing, was greeted with a round of applause as she entered.

But the vast majority of the conference was not the majority of the Senate. And the undecided quartet meeting was all the necessary proof that Kavanaugh's second pass to testify was not enough to get the votes.

Just hours earlier, Kavanaugh's prospects for confirmation seemed bleak after Ford gave credible and convincing testimony about sexual abuse in high school.

But Kavanaugh had reacted with his own performance: a provocative rejection of the accusations. And, perhaps most importantly, the Senate Republicans in power, led by Graham, gave up their outside counsel and angrily denounced the Democrats for bringing the charges against Kavanaugh at the eleventh hour.

Flake, the only member of the undecided quartet who was part of the Judiciary Committee, spoke little at the same hearing, taking only one minute of his time.

After leaving the Republican meeting on Thursday night, Collins and Murkowski tried to prevent journalists from roaming outside, which resulted in a weeklong match to the cat and the public. the mouse between the Capitol's burgeoning press corps and the four senators who tried to say little about how they envisioned Kavanaugh's confirmation.

When the reporters sued Collins in hiding, his assistant removed them, claiming that it was a place where press contacts were not allowed, which the reporters deny.

Committee vote triggers investigation

The next morning, the tragedy over the Judiciary Committee vote seemed to dissipate with a statement sent to reporters a few minutes before the committee meeting: Flake was a yes for Kavanaugh.

"Oh f ***," said Sen. Chris Coons, Delaware Democrat and Flake's close friend, among members of the media when he learned of Flake's statement.

It was a big step forward that Kavanaugh was sitting on the witness stand, as only one of the three undecided senators should support him for 50 votes.

Then a lift door has not closed.

In a breathtaking scene broadcast live on CNN, Flake was confronted with the Judicial Committee meeting by two protesters who passionately told Flake that they had been assaulted and did not believe him either, now open the door from his elevator and urging him to reject Kavanaugh.

"You tell me my aggression does not matter," an angry woman told Flake.

The Arizona senator finally arrived at the meeting of the judiciary, where it was 1:30 pm. The vote AND was decided on the opportunity to recommend favorably Kavanaugh to the entire US Senate. The scene inside was tense as Democrats angrily protested against the proposed Supreme Court nominee, and Flake sat stoically with a frown.

But with just over an hour before the vote, Coons delivered a passionate speech before the commission, imploring Republicans to take the time to further investigate allegations of sexual assault against Kavanaugh. Immediately after finishing, Flake stood up and motioned for Coons to join him in the antechamber.

A few hours after his initial statement of support appeared to support Kavanaugh's appointment, Flake was again on the verge of changing the confirmation course on his own.

Voting time came and went, but Grassley and Senator Dianne Feinstein, the largest Democrat in the group, had joined Flake and Coons at the back.

Flake wanted an investigation by the FBI – "all due diligence", as he described it. In negotiations with Grassley, Flake agreed to conduct a week-long investigation at most and limit its scope to current and credible allegations.

Flake had no written commitment – there was a lot of confusion when Grassley closed the hearing and Feinstein thought the committee would vote on a Flake motion – which meant McConnell might have ignored the request. of Flake.

But Flake had Murkowski, Collins and Manchin in his corner, and that was all he needed for the FBI investigation to advance with the support of McConnell and the White House.

"We are only at half-time"

The relationship between McConnell and Trump has been valued during the 20+ months of presence of New York businessmen. It has fluctuated, has been characterized by cold phone calls and attacks on Twitter at some point. This relationship, while not wholly warm, has led to significant conservative victories over issues such as the 2017 tax law and a re-shaping of the federal justice system.

In this way, the Kavanaugh Confirmation Battle largely reflected the relationship as a whole. According to sources, Trump had trusted McConnell and his close ally, McGahn, with regard to judicial choices. few achievements have received more praise from Republicans than their work in this area.

And while McConnell warned that during the decision-making process, Kavanaugh had baggage due to the size of the paperwork that stemmed from a career in government, he was very proud of his references and his record and did not waste time weighing all his weight. the deck.

But Ford's allegations, which have snowballed in Deborah Ramirez's allegations and more, have once again thrown relations into a tenuous spot.

Trump has publicly stated that he wants the Senate leaders at the GOP to hold the vote sooner than they expected – something that is deemed impossible by the leaders given a fact. : they did not have the voices. According to a familiar source, McConnell at one point warned Trump during a phone conversation that a series of tweets involving Ford's account did not allow him to hold or keep his conference at edge of the appointment.

The week before, Trump lambaste McConnell, according to a familiar source, in a profane volley that privately stated what he had said publicly: that Kavanaugh should have already voted, and that the process had moved away from the Senate Republican High .

But as tensions infiltrated the press and seemed to take a look at a once again tumultuous relationship, the situation calmed down in the days that followed. Regular telephone calls between the two parties continued. McConnell kept the President informed of the process and the votes, and made it clear what needed to be done to get the nomination on the finish line.

Trump also told McConnell that some days it was the Kentucky Republican – and not Trump himself – who had "the toughest job in Washington".

There has never been any question of repairing the fences. Instead, it was rather a decision that defined their relationship for a whole congress: overcoming disagreements and trying to reach the finish line.

And McConnell stayed firm. On the day of the Kavanaugh hearing where McConnell went into his party's weekly lunch, it was clear that some of his members were puzzled. Some were even discouraged, according to two people in the room. McConnell calmly said a few words to the assembled group: "We are only at half-time."

The FBI is investigating some of the allegations – but not all –

At the end of the day during which Flake had requested the FBI's investigation, the investigation had already begun after McConnell and the White House had quickly reluctantly agreed to the Arizona Republican's request to proceed. an additional background check.

But the punctual nature of the agreement left some room for interpretation as to what the FBI was investigating – what Democrats accuse Republican leaders of having exploited for the investigation to reveal nothing.

The Republicans of the White House and Senate said they were not directing the FBI's investigation, but the parameters communicated to the FBI – investigating credible and current allegations – led to the decision not to interview Ford or Kavanaugh as part of the additional background check.

Kavanaugh's classmates in Yale report having trouble connecting to the FBI
It also meant that the FBI had not investigated the allegations of Julie Swetnick, represented by Michael Avenatti, the Democratic lawyer who represented Stormy Daniels.
In fact, the allegations that Avenatti was pressuring gave the Republicans an opportunity to take offense.

In their statements denouncing a smear campaign against Kavanaugh, Republicans have repeatedly referred to Swetnick's allegations of gang rape. Among her allegations, she alleged that during some parties in the 1980s, boys lined up near a bedroom to "rape a gang" of girls unable to exercise, claiming that these included Kavanaugh. But she did not say that Kavanaugh assaulted the girls in the room or gave the names of corroborating witnesses.

Kavanaugh has furiously denied the allegations.

Republicans have relied on the fact that undecided senators would side with how Avenatti's involvement showed that attacks on Kavanaugh were totally political.

This convinced Collins, who cited the allegation of gang rape in his speech Friday announcing his decision to support Kavanaugh, and stated that "the strange allegation had been advanced without any credible support evidence." ".

Democratic senators say that Avenatti has rejected them.

"The Democrats and the country would have been better if Mr. Avenatti had spent his time on his vanity project in Iowa rather than interfering in the Supreme Court's fights," said a senior official. of democracy in the Senate.

Collins contemplates, demonstrations erupt

As senators waited for the conclusion of the FBI investigation, demonstrations around the Capitol complex intensified.

Senators began to move with police officers around the Capitol, and Collins in particular seemed shaken by the tumult. The senator, who was typically friendly and talkative, looked confused and uncertain and limited her interactions with reporters to a few sentences at a time. The Capitol police closed the corridors to the public – and to the press – by leaving the courtrooms and his office. Several agents escorted her to vote.

Democrats say that Avenatti calls into question their case against Kavanaugh
Collins was trying to avoid talking to the media, but she was talking about Kavanaugh to others. President George W. Bush spoke to Collins several times in the weeks leading up to the vote, reassuring her of Kavanaugh's character and temperament, according to a person familiar with the calls. Kavanaugh was assistant counsel and secretary of staff of the Bush administration.

Beyond allegations of sexual assault, Republican leaders feared that Kavanaugh's angry clashes with Democrats cast doubt over his temperament to be on the ground. In addition to phone calls, Kavanaugh wrote an editorial the night before the vote, in which he apologized for his emotion at the hearing and insisted that he be impartial.

McConnell has also played a key role in helping Collins, although often both are not ideologically aligned. McConnell, say the assistants on both sides, understands the process followed by Collins before voting. This can be frustrating for the most conservative members of the conference: the rigor she has to deal with each problem or policy often takes longer than her colleagues, and her willingness to finalize her vote certainly is.

But it's a process in which McConnell has learned to work. Collins "must be meticulous and methodical," according to a GOP assistant. And McConnell "leaves room to breathe".

If McConnell could help Collins establish a connection with the White House or create an information pipeline, he would. If she did not ask, he let her largely follow his process.

Planned vote before Collins is ready

The 45 pages of FBI interviews arrived at the Capitol in the early hours of Thursday morning, a unique copy that senators would have a day to read before the vote.

Democrats and Republicans exchanged time with the document and Republicans informed their members that the FBI had found no corroboration of the allegations of aggression. Collins attended the information meeting and later stated that she had discovered that the FBI had conducted a "very thorough" investigation. Murkowski did not – she wanted to read the report herself, alone.

When Flake said he agreed with Collins' assessment, Republican leaders were confident they would have the votes they needed, even if they could not be sure.

Senators have all come back to read the report themselves. Murkowski arrived late in the evening of Thursday and two of his close colleagues, the Republican Sens. John Hoeven of North Dakota and Jim Risch of Idaho were also seen leaving the secure Senate.

McConnell scheduled Friday's procedural vote at 10:30 am It was the only vote in which the party leader could not be sure of the outcome, but the indecisive senators would finally throw their cards on the table.

Except that Collins was not ready.

Washington Post: Trump warns Murkowski will never recover. to oppose Kavanaugh

Her aide told reporters that the Maine Republican would vote yes on the procedural vote – but she would announce her confirmation vote later on Friday afternoon, which means the result could still remain unresolved after the first vote.

One of the undecided senators was ready to speak. Sitting at his desk, Murkowski rose slowly when his name was called, stopped and said "no" and sat down slowly.

After the vote, Murkowski and Collins sat down together. They were often a duo, the two moderate and female senators of the Republican Conference, but in that case they had chosen different ways to vote.

"I think we're dealing with bigger issues right now than a candidate," Murkowski said. "In my opinion, he is not the ideal man for the court right now."

Despite Murkowski's negative vote, Republicans had reason to remain optimistic: Manchin and Flake voted yes. Flake said leaving the Capitol that he was a yes, unless something major changes – the same position that he had defined a week earlier when he had unleashed the situation. FBI investigation.

Manchin did not bow his hand, but Grassley then stated that he knew during that vote that they were going to win the confirmation. "Body language," he explained.

After the vote, Collins went to the Senate dining room and sat down with McConnell and Sen. John Cornyn, the majority whip in the Senate. As it was 3 pm The speech on ET approached, Collins's Republican colleagues gathered in the room. Two rows in front of his desk, McConnell and Cornyn turned to face Collins.

Collins gave a 45-minute speech describing the decision-making process of his vote, which also showed that efforts to secure Collins and give him access to the candidate had paid off. His speech made it clear that Collins was a keen supporter of Kavanaugh, explaining why his conversations with him had led him to believe that he would not overthrow Roe.

"When I asked him if it was enough to overturn a long-standing precedent if five current judges thought the decision had been wrongly taken, he categorically said" no, "Collins said. achieve its goal and, in doing so, had crossed a crucial threshold for Senate Republicans, virtually ensuring that Kavanaugh would be confirmed.

Minutes after the end of Collins, Manchin spoke with reporters outside his office – it was a chaotic scene in which angry protesters were chanting him – and announced he was also supporting Kavanaugh. The only Democrat to support the candidate, Manchin was attacked by his base as well as by his Republican opponent, who accused him of supporting only Kavanaugh once the result was clear.

Manchin said he made his decision on Friday morning. He also cited the conservative composition of his state. "I'm only a resident of West Virginia, I'm only a good old West Virginia resident," he said in explaining his vote.

Manchin's decision left Murkowski as the only undecided quartet member to oppose Kavanaugh.

She decided to make her own speech Friday late in the day, long after the hubbub caused by Collins' speech disappeared. The scene was completely different. Murkowski, the only Republican to vote no, was almost alone in the room, none of her colleagues present, because she explained why only one GOP senator would ultimately vote against Kavanaugh.

CNN Clare Foran, Manu Raju, Jeff Zeleny, Lauren Fox, Elizabeth Landers and Sunlen Serfaty contributed to this report.

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