2021. Every democratic member of this committee before the confirmation hearing started said they opposed judge kavanaugh, before a single thing started. And not only that, this allegation, the Ranking Member of this committee had it in writing on july 30th. If on july 30th that had been reported to the committee chairman, this committee has a process to investigate it, a process to investigate it that is confidential, that the fbi couldve participated in investigating starting back on july 30th. That we couldve had a hearing lead is closed, that is not dragging either of these individuals through the mud. Thats the way this process should work. The testimony yesterday from dr. Ford is the only people who have copies of the letter were herself, her lawyers, and the Ranking Member of this committe committee. Dr. Ford further testified that she nor her lawyers handed the letter over. That leaves the only conclusion possible as of the letter was leaked to the public by either of the two democratic members of congress or their staff or someone else to whom they gave it. If there were only four people who havent and two did not give it, than the other two are the only possible sources. And that unfortunately demonstrates the cynicism, a to smear dr. Ford if it helps politically delay this nomination. I think we have an obligation to be fair, to be impartial, to listen to the evidence, to weigh the evidence. Thats the right thing to do and thats what i hope this committee does and thats what i hope the whole senate does. Senator. Thank you, mr. Chairman. Yesterday was an important and a difficult day, a long day for dr. Ford, for judge kavanaugh, for the Senate Judiciary committee, for our nation. And i was a briefly at the outset that before yesterday began, i prayed. I prayed for dr. Ford and her family, i prayed for judge kavanaugh. I prayed for our chairman and Ranking Member. I prayed for president. I prayed for all who would watch yesterday who were victims of Sexual Assault and i prayed for all who would watch yesterday on certain whether we could conduct ourselves respectfully. And i might say after everything that ive heard, i am struck that in the twitter fueled smash mouth politics of our day, we must ask ourselves what about our conduct, what about our conduct here would encourage anyone to come forward with credible allegations of Sexual Assault to seek a nomination to a federal court or other position of trust were to serve here . As a result, i tonight will pray for our nation. The burden on this committee was to address, investigate, and resolve reasonable doubt of allegations against the nominee before them. And by that test, the committee has failed. I know we have heard strong words about many of our colleagues. In my predecessor, long serving senator and former chairman of this committee joe biden has been quoted by many and i would say misquoted at times, but i want to share one quote, one thing he said to me when i began my service here which is that its always appropriate to question another senators policies, it is always appropriate to question another senators priorities emma but it is never appropriate to question another senators motives. And there has been far too much of that that has happened in this process. In a way that frankly will make it very difficult for us to take off our partisan jerseys and at some point get back to the important work on finding solutions to the real challenges facing this country. What i have been searching for in this process is the fax. And i realize many of my colleagues on the other side do not see it that way. Many questioned the timing of when this allegation surfaced and also said there are not enough facts corroborating dr. Ford testimony to ruin a good man. I strongly disagree with both of these points and want to explain briefly why. The first time i learned of dr. Fords allegations that judge kavanaugh had sexually assaulted her was on september 12th. Ranking member feinstein disclose this highly Sensitive Information to myself and other democrats on this committee only after reporters had learned of the letter dr. Ford had provided her congresswoman. I dont know how this information leaks. I regret that it did. The decision whether to come forward should have been dr. Fords and dr. Fords alone. And i cannot rule out the person who leaked this information had a partisan agenda but i am certain Ranking Member feinstein and her staff did not disclose dr. Fords account prior to that date because it was not theirs to share and i think it is regrettable that long serving honorable colleagues of hers have questioned her motives. I know since the day that my democratic colleagues and i learned of these allegations, we have had one consistent request to allow the fbi to investigate them in a nonpartisan professional evenhanded manner and deliver their findings to us so that we could reach a conclusion. That same night, Ranking Member feinstein sent a letter requesting such an investigation. To suggest that senate staff interviews or letters from lawyers are in adequate substitute for a robust fbi fact gathering process is not credible and reflects sadly willful blindness to the dysfunction of our institution. To my colleagues across the aisle, you know me. Even with those who we passionately disagree. If i were convinces for nothing more than a partisan hit job designed to take a good man and hold it make it past the election, i would not stand for it. Investigation would be helpful because the recollection shared with us a powerful yesterday receiving but incomplete. Dr. Ford testified credibly but the painful memory she carried with her to this day, the feeling of hand clasped over her mouth and her not being able to breathe, the sound of laughter while she was pinned on a bed, the weight of a body on top of hers groping her and the feeling of relief leaving the house. She felt with 100 certainty that the person who assaulted her was Brett Kavanaugh whom she knew through multiple acquaintances and had socialized with on multiple occasions. But it is true as has been widely repeated that dr. Ford cannot pinpoint the date for the time of the assault exact location and that she did not tell anyone about that assault at that time. There is not an eyewitness who has been able to provide the details of this. All of which is typical of Sexual Assault. Many experts have written how common it is for them to remember some facts with searing clarity but not others which has to do with a survival mode that turns on when we experience trauma. The vast majority of Sexual Assault victims delay disclosing what happened to them or never disclose it at all. One of the most striking things about this hearing for me has been the so far five personal friends, acquaintances, people have known for years or decades who have conveyed to me their experiences a Sexual Assault on this phone while this testimony was going on. There is an ocean of pain in this nation not yet fully heard coming not yet fully addressed, not yet appropriately resolved. And i, for one, will not countenance the refrain said by too many in response to these allegations by dr. Ford that happened to long ago and that our nation boys will be boys. We must do better than that. If we must set a better standard than that for our own families and for our future. I worry sincerely about the message we are sending to assault survivors if we plow ahead with his nomination despite the seriousness of the allegations. And i have conveyed to my friends and colleagues that i have wished we would take a oneweek pause. One week only. Not to spread this out past the next election, not to pursue some partisan goal, but to allow professional fbi interview with everyone who may have relevant information starting with mark judge who obviously given the vote of this committee this morning will not be subpoenaed to appear before us. I will remind you briefly that many of those who came forward to support judge kavanaugh including my own professor from Yale Law School and organization of long belong to, the American Bar Association have spoken up to also request a thorough and professional background investigation. I think to ask for a week is not to ask for too much. When professor anita hill came forward, the white house cooperated and in four days, a hearing was put together with 22 witnesses. I think thats what dr. Ford deserves, i think thats what her bravery deserves, and i think thats what our nation deserves. I will not go through a long point by point reputation of what weve just heard from some of my colleagues let me simply say a few things about dr. Fords testimony. As ive said, she bore the pain of this attack alone for far too long, but her memories did not stay hers alone. Dr. Ford told her now husband in 2002, she told therapist in 2012 and 2013, she told friends in 2013, 2016, 2017, 2018, and has submitted testimony about all of that this committee. Dr. Ford when she came forward yesterday had nothing to gain and a lot to lose. She came forward to testify about her experience of assault and am going to use her words, she said im here today not because i want to be. I am terrified. Im here because i believe it is my civic duty to tell you what happened to me while Brett Kavanaugh and i were in high school. Civic duty. To tell the truth. What has always struck me is that dr. Ford came forward to voice concerns about judge kavanaugh before he was nominated. She reached out to her congresswoman anonymously to the Washington Post tip line as well when judge kavanaughs name was on the short list, she was not lying in wait for an opportune time to make a big reveal to sink the nominee, rather she had wanted this information before he made a selection to the president could pick someone else. I wish he had. Judge kavanaugh yesterday unequivocally denied the allegations against him. But something he said repeatedly importantly was not accurate. Over and over again, he testified and we just heard it repeated here today that dr. Fords account was refuted by three individuals dr. Ford identified as being present. Thats not the case and judge kavanaugh knows it. Not recalling is not the same as refuting. Their statements issued through lawyers say they dont remember the gathering. Of course, none of these three people were assaulted that night. For two of them, it wouldve been an unremarkable evening, just another casual summer among friends and we lynn kaiser says that she believes dr. Fords accounts, a fact not acknowledged by my colleagues or judge kavanaugh. Ill also say that in my view, the failure of this committee to subpoena mark judge whom dr. Ford identified as a witness and participate in her attack is a failure in this committees effort to get to the truth. We also have to face the reality, there are additional serious allegations brought in sworn statements by ms. Ramirez who have both asked for an fbi investigation into their claims. Their claims have varying credibility that deserve to be heard. I wish judge kavanaugh would have pointedly supported a short pause for an fbi investigation for the benefit of clearing his own name. But i will say as i conclude there is something much greater in my mind at stake. The fact that judge kavanaugh is nominated to the Supreme Court means this is not just about his credibility and the remaining concerns about his credibility that i will carry forward. Its about the courts legitimac legitimacy. We are left with the reality that if his nomination goes forward this morning after testimony full of range and partisanship and vitriol and without even a brief pause for a nonpartisan investigation into the serious allegations presented, his service may well have an asterisk. Litigants to come to the court will have reason to question the fairness of the institution and in my idea, that is too much to impose on our system of justice in exchange for any one man. It is my hope that my colleagues, those who have not yet decided or declared the decision was still joint in a request to allow the fbi to do its important work and for this committee to allow itself the time to get to the bottom of the remaining allegations. Given the vote this morning, i know that its highly unlikely. I initially announced my opposition to judge kavanaugh after a previous round of hearings have concluded. Those hearings began without a declared position by many of my colleagues on the side. In the end, for me, it was judge kavanaughs extreme views on president ial power that i engage with him vigorously on that i believe i engage with him respectfully on the determine my vote on him. But for us to proceed today without giving a thoughtful serious and thorough investigation of credible allegations before us is for this committee to fail to do its job. I pray that after today and that we may yet find a way to Work Together because our community, our country, and our world deserves no less. Thank you. Im going to ask my colleagues on the side of the aisle, and im not going to ask the democrats to do this, but could we kind of ive only interrupted senator, could we make sure that we keep our remarks little short so everybody can speak . Okay. I guess im wrong. Thank you, mr. Chairman. I just wanted to respond first to a number of the comments that have been made about again the fbi investigation and what the dynamic of what this committee has done is, its been said this committee has changed its procedures for the first time that is conducted its business in this way. Again, as i said yesterday, i think that needs to be clarified and corrected. The fact is that when the fbi does its background investigation, it does just that, a background investigation. He talks to people who may have information about the nominee and it takes a statement from them and then delivers its package of investigation information to the white house which passes it on to the committee which is the report this committee receives from the fbi. Its been said that president bush reopen the fbi investigation when we need a hill investigation came out. My understanding is that if im wrong on this mr. Chairman, please correct me but my understanding is when you as the chairman finally found out about the information that that information also went to the fbi, perhaps the Ranking Member who gave the information some of the letter to the fbi but the fbi was given the information. Is that correct . That is correct. Said to the white house and the usual way they do that they considered it closed. The full letter unredacted was given to the fbi and the fbi did what it does evaluate the letter, and then again i understand that the fbi then closed it and sent the information to the white house before this allegation came up, is that correct . The only thing i can verify is the fbi did what they would usually do and that i dont know what that was, and they probably would keep their own internal stuff to themselves, but they sent a cover letter to the white house saying the issue was closed. So the fbi did look at this and did whatever it does in its background check activities and then resent an updated amount of information to the white house which the white house then forwarded to us in the process which is traditionally been followed in this committee was followed again. And i believe that immediately, the chairman opened up an investigation by this committee. That also is customary practice and as has been stated yesterday but i will restate again, our committee investigative staff which is extensive and well trained has legal authorities similar to the ties the fbi agents do such that when they conduct their investigations, the people who are interviewed and those who are reached out to by the committee are if they dont respond honestly and correctly to the questions. Any one of the witnesses who was identified has been reached out to you. Some comments have been a didnt actually submit themselves to a deposition or to some kind of a Court Process or Something Like that. Thats were very well explained by some of our other colleagues. When a witness refuses to testify, the alternative is to try to get a statement from them which the fbi does or the committee does and in this case, statements under penalty of penalty were obtained from all of the witnesses. I think the argument here that there was some process followed that was not fair is simply inaccurate. The argument that the process followed was not the same they have followed in the past has also been inaccurate. To turn to the issue at hand, yesterday we received hours and hours of testimony from two witnesses and both of them frankly made very strong cases. This committee is under the need to evaluate the testimony that was given and determine how it will judge for rule on the obligation this committee has to give advice and consent. In that context, i came away believing that there had in fact been a Sexual Assault in dr. Fords past. As has been stated, it was not entirely clear when, where, and all other circumstances but theres no doubt in my mind that she truthfully testified that she had had a Sexual Assault, had been assaulted in her past. I have to say, i also listen very carefully to judge kavanaugh as he testified and i felt that the testimony he gave was also honest. He gave a thought very strong testimony that she was not ther there. And so this committee has to face the difficult task of what burden of proof does it apply or what standard does it apply in exercising the advice and consent that it gives and thats a very difficult thing that each one of us individually needs to face and deal with. As ive said, i dont feel that the evidence shows that judge kavanaugh was there that night. I believed his testimony, i believed dr. Fords testimony about Sexual Assault and because of that, i will vote yesterday to move the nomination forward to the floor. Mr. Chairman, this has been obviously my first process, my first time through a Supreme Court nomination process. I fought for years to be on this committee, its the one i wanted to be on as soon as i got to the United States senate in 2013. It has been an incredible experience, a lifetime dream to be a part of this committee and i have a lot of respect for you. Some people even o