Judiciary Committee in recess amid stories that Flake is caucusing with Coons for unknown reasons. CNN showing the clip of Flake's elevator encounter with survivors of sexual abuse from earlier in the day.
Judiciary Committee is scheduled to vote on Kavanaugh nom in less than fifteen minutes. Lots of whispering happening. People ducking in and out of the room to confer.
No firm reason yet to believe that anything monumental is happening, btw. Just weird pre-vote jitteriness so far.
Kim is in the room. (The whole thing is on CSPAN-2, if you're interested. Just everyone sitting around waiting at the moment.)
Vote is supposed to be happening right now. Coons is back in the room, chatting with Feinstein. Flake is still out.
Reminder: Even if the vote somehow goes against Kavanaugh in the Judiciary Committee, the full senate can still vote. There are four undecided senators, Dems need to win them all (or three plus Flake) to stop the nomination.
Dana Bash reporting on CNN that senators were negotiating a possible delay of up to a week for an FBI investigation. Senators coming back into the room.
Note that Donnelly early today said he was voting no because he didn't have enough info to make a decision. This may reflect a coalescing awareness that delay is their only chance to get to 50 votes.
Grassley speaking. "We're going to take action with the motion that's before us. We gotta make sure that we have a quorum." They're counting heads, preparing to resume.
Grassley recognizes Flake "on a point of personal privilege." Flake speaking.
Flake: "I think it would be proper to delay the floor vote for up to but not more than one week" to permit an FBI investigation. "I will vote to advance the bill to the floor with that understanding."
It's not at all clear who Flake thinks he's gotten a commitment for an FBI investigation from. The vote is just on moving the nomination forward. Flake votes yes, all Dems vote no.
Coons now speaking.
Coons: "It is my hope that we could move forward on a bipartisan basis" to hold an FBI investigation "in the next week." Feinstein now speaking to recast that as a motion to call for such an investigation.
Flake: "I would only be comfortable moving on the floor until [after] the FBI has done more investigation than they have done already."
Okay. Here's the deal. Flake is saying he won't vote yes on the floor without an FBI investigation. Klobuchar just said there are other GOP senators who feel the same way.
Klobuchar: "It doesn't have to be an agreement. This is one senator standing up." She's happy. She clearly believes that right now the GOP doesn't have 50 votes without an FBI investigation.
Flake confirming he's not making a motion today. This is a call for "a short pause," he says, for an FBI investigation. He's going to make a request to the White House for such an investigation.
Grassley just adjourned the meeting. Feinstein was still hoping for a vote. Grassley: "We didn't have a motion. This is all a gentleman and -women's agreement." Then his mike with Feinstein was cut.
So. Flake will ask the White House to order an FBI investigation over the next seven days. Strong hint from Klobuchar that other GOP senators (presumably Collins and Murkowski) are with him in not voting yes on Kavanaugh without such an investigation.
And now Trump has to decide whether to authorize an FBI investigation of Kavanaugh. Jesus.
Klobuchar speaking. She's all smiles.
Klobuchar: "You can do a lot in a week if you have the whole FBI."
Graham, asked if he'll go along with the FBI investigation: "If I'm nothing, I'm practical." They don't have the votes.
Trump on CNN being asked about the Flake thing. He's clearly got no idea what's going on or what the process is. He's going to be pissed off when he finds out he needs to make the decision on the FBI investigation.
A couple of final thoughts. First, a week's delay makes a replacement nominee before midterms that much harder. Second, the delay doesn't just mean an FBI investigation, it also means more could come out in the media about Kavanaugh.
Coons speaking to the press reiterates that there are multiple senators who might otherwise vote yes who won't without an FBI investigation.
Of course the most obvious thing for the FBI to do in this investigation would be to interview Mark Judge and already-named Kavanaugh witnesses.
Coons: "I am grateful to Senator Flake, I am hopeful that the president will direct the FBI to investigate this. … It is my hope that a report will be delivered" to the Judiciary Committee, and that the JC will be able to question the agents involved.
Just quickly, since folks are bringing this up: It seems clear at this point that if Trump doesn't okay an FBI investigation, the Kavanaugh nomination fails. Strong indications from multiple sources that they don't have fifty votes for Kavanaugh today.
Also: Senators powerfully prefer not to commit on this vote before they have to, as we've seen. We're now at 48 votes for, 47 (or maybe 46) against, and barring new horrors I expect we'll stay there or close to there until after the FBI investigation.
Gonna step away from the keyboard for a bit and let the professionals do their thing.
(One more thing: They can kill the nomination in a week even if Flake votes yes, so long as Collins, Murkowski, Heitkamp, and Manchin vote no. Flake isn't Lucy holding the football here.)
