Kavanaugh tactics divide Democrats

Kavanaugh tactics divide Democrats
© Anna Moneymaker, Greg Nash

Democrats are splintering over their tactics in the wake of a second allegation against Supreme Court nominee Brett Kavanaugh.

Progressive outside groups and a growing number of senators are calling for Kavanaugh to withdraw his nomination following two sexual misconduct allegations that have left considerable doubt over his Supreme Court confirmation — which was considered a sure thing earlier this month.

Democratic leaders have stopped short of such calls.

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Though opposed to Kavanaugh’s confirmation, they are focused on demands that the FBI investigate the charges and that the GOP provide a fair hearing for Christine Blasey Ford, who is set to testify Thursday about her allegation that Kavanaugh sexually assaulted her in the early 1980s, when the two were teenagers.

Asked about calls for Kavanaugh to withdraw, Sen. Dick DurbinRichard (Dick) Joseph DurbinJulián Castro jabs ICE: 'Delete your account' Watchdog: Steele dossier 'had no impact' on opening of 2016 probe Horowitz: 'Very concerned' about FBI leaks to Giuliani MORE (D-Ill.) said that he believed Kavanaugh deserved to have the hearing on Thursday, which will give him a high-profile perch to defend himself.

“I have my feelings about this, but basic fairness requires that both sides be allowed to talk,” said Durbin, who visibly grimaced when asked about the calls for Kavanaugh to withdraw his nomination.

Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerKrystal Ball: Is this how Bernie Sanders will break the establishment? TikTok chief cancels Capitol Hill meetings, inflaming tensions Overnight Health Care — Presented by That's Medicaid — Deal on surprise medical bills faces obstacles | House GOP unveils rival drug pricing measure ahead of Pelosi vote | Justices to hear case over billions in ObamaCare payments MORE (D-N.Y.), during both his weekly press conference and on remarks on the Senate floor, called for additional witnesses to testify on Thursday and urged Republicans to support an investigation into Kavanaugh’s background.

“In the face of multiple allegations against Judge Kavanaugh, the FBI should re-open the background check investigation, and we should conduct a hearing where the appropriate witnesses are called and respect given both to the accuser and the accused,” Schumer said from the Senate floor.

A Democratic aide brushed aside questions about the difference in rhetorical tactics, positing that Democratic senators who are opposed to Kavanaugh also, in theory, would support him withdrawing his nomination.

“[The] FBI investigation is what will help ensure the kind of ‘fair’ process that Kavanaugh and the Republicans are demanding,” the aide added.

In a sign the Democratic tactics could be putting some pressure on centrist Republicans, Sen. Lisa MurkowskiLisa Ann MurkowskiPotential Dem defectors face pressure on impeachment The Hill's Morning Report - Sponsored by AdvaMed - A crucial week on impeachment Senate braces for brawl on Trump impeachment rules MORE (R-Alaska), one of the key undecided votes, said Tuesday that she would support an FBI investigation, telling reporters that it would “certainly clear up all the questions.”

Democrats can’t block Kavanaugh’s nomination on their own because Republicans hold a 51-49 majority in the Senate. Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellDemocrats seek leverage for trial Democrats spend big to put Senate in play House Democrats to vote on flavored e-cigarettes ban next year MORE (R-Ky.) said on Tuesday that he is “confident” Kavanaugh will be confirmed and that Republicans will “win” the Supreme Court fight.

But Kavanaugh is facing growing demands by progressives and outside groups to withdraw his nomination after the second sexual misconduct allegation. Deborah Ramirez says Kavanaugh exposed himself in front of her during a party at Yale University, an allegation denied by Kavanaugh during a television interview on Monday night.

“It is time to end these disgusting attacks and for Brett Kavanaugh’s nomination to be withdrawn,” Shaunna Thomas, the executive director and co-founder of UltraViolet Action, said in response to GOP criticism of Ford and Ramirez.

Liberals, including two possible presidential candidates in Sens. Kirsten GillibrandKirsten GillibrandAdvocacy groups decry Trump's 'anti-family policies' ahead of White House summit This bipartisan plan is the most progressive approach to paid parental leave Bombshell Afghanistan report bolsters calls for end to 'forever wars' MORE (D-N.Y.) and Bernie SandersBernie SandersThe Hill's Morning Report - Sponsored by AdvaMed - House panel expected to approve impeachment articles Thursday Warren, Buttigieg duke it out in sprint to 2020 The Memo: Pelosi-Trump trade deal provokes debate on left MORE (I-Vt.), are echoing the calls from the interest groups.

“One credible sexual assault claim should have been too many to get a lifetime appointment to the Supreme Court and make decisions that will affect millions of women’s lives for generations. Two is an embarrassment. It’s time for a new nominee,” Gillibrand said in a tweet after The New Yorker published the second allegation.

Democratic Sen. Jeff MerkleyJeffrey (Jeff) Alan MerkleyMcConnell says he's 'honored' to be WholeFoods Magazine's 2019 'Person of the Year' Overnight Energy: Protesters plan Black Friday climate strike | 'Father of EPA' dies | Democrats push EPA to abandon methane rollback Warren bill would revoke Medals of Honor for Wounded Knee massacre MORE (Ore.) added that Kavanaugh’s “pattern of conduct, extreme views, and failure to be fully truthful and forthcoming under oath” means he should not be confirmed to the Supreme Court.

“For the good of the country and the integrity of the court, he should step aside,” said Merkley, who has gotten attention as a potential dark horse 2020 candidate because of his ties to the party’s progressive base.

Democrats hope the public backlash against the nomination will help build unity in their caucus while causing GOP defections.

But the calls for Kavanaugh to withdraw his nomination carry risks for Democrats given the plight of a handful of members, undecided on Kavanaugh’s nomination, running for reelection this year in states easily won by President TrumpDonald John TrumpThe Hill's Morning Report - Sponsored by AdvaMed - House panel expected to approve impeachment articles Thursday Democrats worried by Jeremy Corbyn's UK rise amid anti-Semitism Warren, Buttigieg duke it out in sprint to 2020 MORE in 2016.

Sen. Joe ManchinJoseph (Joe) ManchinManchin warns he'll slow-walk government funding bill until he gets deal on miners legislation Krystal Ball: Is this how Bernie Sanders will break the establishment? Potential Dem defectors face pressure on impeachment MORE (D-W.Va.) said Kavanaugh deserved a chance to defend himself.

“I think Judge Kavanaugh should have the chance to clear his name, the same as they should have the opportunity to be heard,” Manchin said, appearing to refer to his accusers.

Manchin’s reelection race, along with contests for Sens. Heidi HeitkampMary (Heidi) Kathryn HeitkampPro-trade group launches media buy as Trump and Democrats near deal on new NAFTA The Hill's Morning Report — Biden steadies in third debate as top tier remains the same Trump wins 60 percent approval in rural areas of key states MORE’s (D-N.D.) and Joe DonnellyJoseph (Joe) Simon DonnellyGinsburg health scare raises prospect of election year Supreme Court battle Watchdog accuses pro-Kavanaugh group of sending illegal robotexts in 2018 Lobbying world MORE’s (D-Ind.) seats, could decide the next Senate majority. 

Democratic Sen. Tim KaineTimothy (Tim) Michael KaineDemocrats worried by Jeremy Corbyn's UK rise amid anti-Semitism Overnight Health Care — Presented by That's Medicaid — Deal on surprise medical bills faces obstacles | House GOP unveils rival drug pricing measure ahead of Pelosi vote | Justices to hear case over billions in ObamaCare payments Key House and Senate health leaders reach deal to stop surprise medical bills MORE (Va.), asked about the calls for Kavanaugh to withdraw, said he wanted to see Kavanaugh testify.  

“I want to see the hearing. I want to see the testimony, and I hope we’ll see testimony from more witnesses too,” Kaine said.

Kaine opposes Kavanaugh’s nomination and said the hearing won’t change his mind, but he stressed that it was important for understanding Kavanaugh’s character.

“I think you have to understand the character of the person you’re voting on,” he said, “and I think the public needs to see that.”