Evidence to support their allegations. Including naming over two dozen witnesses each. Unfortunately the limited investigation that was conducted by the fbi failed to interview any one of the witnesses these two women identified who could support her account. Let me say that again, they refused to investigate, to talk with any of the 24 witnesses that could have supported their accounts. Mr. President , i think its important to remember why were here today. Were here to determine whether judge kavanaugh has demonstrated the impartiality, the democrat perment, t me temperament, the evenhandedness to serve on this Great High Court of our land. If confirmed he will join eight
other individuals who are charged with deciding how the laws of our land are interpreted and applied. He would be a deciding vote on the most important issues affecting our country. And every american for generations to come. Mr. President , Madam President , based on all the factors we have before us, i do not believe judge kavanaugh has earned this seat. Thank you. Im Hallie Jackson in washington, youve been listening to Dianne Feinstein as all of this goes down this morning for one of the most Controversial Supreme Court nominees in history. We expert to hear from Chuck Schumer momentarily and then Mitch Mcconnell as protests erupt on capitol hill and across d. C. Buckle up, our alist team is here for what is expected to be a jam packed hour of news. Were 30 minutes from that vote. I want to bring in chuck todd who is joining me here. Chuck n th chuck, in this moment, we will hear from Chuck Schumer, Mitch Mcconnell, and then the vote goes down. What happens . The quartet. Were trying to figure it out. Lisa murkowski, Susan Collins, jeff flake, joe manchin. Based on my own reporting, i think Lisa Murkowski feels least likely to vote for judge kavanaugh. If you recall, theres the native alaskan issue. It feels like manchin and collins will go together. The one i have a doubt about is jeff flake. I think hes i think im less im more convinced he votes yes today, but i wouldnt assume a yes today for him would be a yes tomorrow. Today, remember, this is just breaking the filibuster. This is ending the debate to move on. It used to be 60 votes, today its 50. Flake is the kind of guy a lot of senators wished they could split the differences back in the day. I vote yes to end debate but no on the piece of legislation or the confirmation. Our Political Parties have never allowed that to be anymore. They punish people for just voting to shut down a filibuster now. I know one is considered the same, but flake is the one i wouldnt be surprised if he split the difference. Lets explain briefly here this vote needs to pass for Brett Kavanaugh to have a chance to move forward, but its not the final vote. The vote tomorrow is the one thats what matters here that goes back to this oped. I think the reason he wrote this oped has do with this issue of
temperament and partisanship. Its clearly bothering more than just those four. You know, there are a lot of uncomfortable yes votes right now in the kavanaugh column. You can see it in cory gardner. Hes one of them. This vote, if he votes yes, will be something he is remained of a lot during his 2020 reelection fight. Hes somebody up in 2020. But hes not alone. A lot of the younger senators, senators the baby boomer republican senators, theyre in one place, theyre in one place with gust to, lindsey graham, orrin hatch, chuck grassley. The younger senators, sasse, rubio, gardner. They are uncomfortable. They are going to be yes votes, but this is not they wish they could not have to cast this vote. Chuck, thank you very much. Well listen to Chuck Schumer on the senate floor now speaking. Will go down as one of the saddest most sorted chapters in
the long history of the federal judiciary. The well was poisoned from the outset when President Trump selected judge kavanaugh from a list of names preapproved by hardright special Interest Groups for whom the National Interest is a trifling concern compared to repealing roe v. Wade, cutting peoples healthcare, and achieving a partisan majority on the Supreme Court. The rot worsened when the republican majority on the Judiciary Committee shielded the bulk of judge kavanaughs records from the public, discarding decades of bipartisan precedent and thwarting norms of transparency and fairness. And finally the dam broke under the waieight of credible
allegations that judge kavanaugh committed an assault while in high school. These hearings made the Anita Hill Hearings in 1991 look fair by comparison in this hearing there were no corroborating witnesses on either side. No independent investigation of the facts to inform the questioning. They even hired an outside counsel to put a witness, dr. Ford, on trial. Only at the 11th hour republicans submitted reluctantly to a oneweek investigation of the allegations. An investigation which was then severely circumscribed by the white house. Our republican friends blame us for this process. Theyre always finding a strawman, but nothing could be further from the truth. First they blame us for delay. Knowing full well that Majority Leader mcconnell has complete control of when nominees are brought to the floor. Leader mcconnell could have moved this nominee two weeks ago or one week ago. Democrats had no say and dont when it comes to who comes to the floor. But in each case leader mcconnell couldnt move the nominee forward because he was blocked by fellow republicans, not democrats, from moving forward. When it comes to complaining about delay, two words never come from our republican friends lips merrick garland. Republicans are also saying we engaged in a Smear Campaign where the politics of Personal Destruction with this nomination. In reality again, theyre using
democrats as a straw man because what theyre really talking about is what dr. Ford said. Democrats did not induce her to come forward. Her conscious did. Our republican friends are our republican friends accusing dr. Ford and her deeply held memories of what happened to her of a Smear Campaign . Are they accusing ford dr. Ford of a Smear Campaign . Thats who theyre blaming. Theyre decrying her testimony and then trying to blame democrats. I dont blame them. They have a flawed nominee. They dont want the focus on the nominee. When future americans look back at these proceedings, let them draw no lessons from the senates conduct here. Let them look back on this
chapter as the shameful culmination of the Scorched Earth politics practiced by the hard right in america. People who will stop at nothing to entrench an advantage on our nations courts. Let the Confirmation Process for judge kavanaugh be recorded as a sorry epilogue to the brazen theft of Justice Scalias seat. The end of bipartisan cooperation and consultation on the confirmation of Supreme Court justices. And for what . For whom were Senate Republican leaders willing to discard all semblance of fairness to confirm . Judge Brett Kavanaugh certainly a product of an elite education, but also someone with hardright conservative jurisprudence, far,
far away from what average americans believe. Why most democrats opposed his nomination at the outset feels like ancient history now. But let us not forget that most importantly we strongly disagree with a number of judge kavanaughs views. Hes deeply skeptical of Unenumerated Rights including a womans right to make fundamentally private decisions about her medical care. Hes depositieply skeptical of governments role in protecting americans with preexisting conditions. Hes depositieply skeptical of all rules and regulations that protect consumers, workers, the environment. And the Flashing Red Light Warning Sign at the center of judge kavanaughs jurisprudence are his views on executive power
and accountabilities. Somehow this conservative judge and scholar of the constitution sees at the Heart Of American Democracy A president whom king, an Executive Unaccountable to the laws hes sworn to uphold. A Head Of State who while in office should be beyond the reach of subpoenas, Criminal Investigations or civil investigations. This moment in American History demands deep skepticism about judge kavanaughs views on executive power. Nominated as he was by an executive who disdains the constraints of his office and who is at this very moment the apparent subject of investigations his Supreme Court nominee believes should be invalid. I met with judge kavanaugh for almost two hours. I asked him about all of those
issues. His answers were constantly evasive and utterly unsatisfactory. It was deja vu all over again in the first round of hearings when judge kavanaugh deliberately avoided talking about his views on roe, healthcare, president ial accountability and more. There was no legal reason, rule or logic that prevented him from being clear and saying what he thought. He was evasive because he knows that his views are deeply at odds with the Progress America has made over the last century of jurisprudence. And at odds with what most americans believe. His performance was not only unfair and frustrating to the senate, it was unfair to the American People. When a nominee refuses to
disclose their views, chances are you have a nominee whose views are far outside the mainstream of america, whether they be far right or far left. My colleagues on the other side of the aisle may not have as grave a concern about these views as we do, but let no american be surprised if judge kavanaugh becomes a decisive vote to restrict the rights and privileges of the American People while stretching the bounds of privilege for the current occupant of the white house. Judge kavanaughs nomination ultimately does not only encompass questions of ideology or credentials, but questions of character. Here again judge kavanaugh falls woefully short of what americans expect and deserve in a Supreme Court justice. He has repeatedly misled the senate about his involvement in
some of the most serious controversies of the Bush Administration including Warrantless Wiretapping of american citizens, our policy against torture, the theft of electronic records from democratic senators, and his involvement in the nomination of very controversial judges. Faced with credible allegations of various types of misconduct, judge kavanaughs credibility was again tested and he continued to dessemble about easily refuted facts. Beyond the issue of credibility judge Kavanaugh Precepted to the senate the bitterest partisan testimony i have ever heard coming from a candidate seeking the senates approval, whether they be for the bench or the executive branch. Now there are many who think that what happened when judge kavanaugh was 17 years old should not be dispositive. Even if you believe that, his actions at age 53 in terms of demeanor, partisanship and above all credibility should be dispositive. Judges at every level of the federal bench should be held to the highest standard of ethics and moral character. Judges at every level should be judicious and credible and independent, but especially on the Supreme Court. I do not see how its possible for my colleagues to say with perfect confidence that judge kavanaugh has the temperament, independence, and credibility to serve on the United StatesSupreme Court. So i ask my colleagues on the other side of the aisle, why judge kavanaugh . There is no dictate that you have to march blindly forward with a nominee when there are
others available to you. There are many judges who im sure conservatives would be happy to have on the court. Id remind my colleagues the seat that Brett Kavanaugh aspires to fill was held by a justice who assumed the bench after one nominee was voted down by the senate and a senate withdrew his nomination. But the republican majority has pressed forward blindly on judge kavanaugh. Even when brave women came forward to speak truth to power. Why . For what cause . For the sake of winning . Thats not reason enough. My colleagues on the other side, if you have doubts about judge kavanaughs credibility, about his ability to tell the truth, about his ability to be impartial and nonpartisan, no
malter wh matter what you think of his jurisprudence or what he may or may not have done in high school and college you should not vote to confirm him to the Supreme Court. So, my friends, democrat and republican, for all the controversy, all the heavy handedness of the process, all the hyperbole and vilification of both sides, theres always hope that the senate can save itself. We can salvage decency here at the end. If judge kavanaughs rejected, President Trump will select another nominee, likely right of center, probably not to my liking, but without the cloud that hangs over this nominee and we can proceed to consider that nominee in a much less bitter, much better, less partisan way. A bipartisan majority of
senators considering fully the weight of judge kavanaughs testimony, record, credibility, trustworthiness and temperament, considering fully the heartbreaking testimony of dr. Christine blasey ford can vote to reject judge kavanaughs nomination and ask the president to send the Senate Another name for the sake of the senate of the Supreme Court and of america. I hope, i pray my colleagues will do so. Youve been watching senator Chuck Schumer, the democratic minority leader speaking on the senate floor. We expect to see Majority LeaderMitch Mcconnell any moment, and after that the vote to determine
whether Brett Kavanaugh move forward or not as the Supreme Court nominee. I want to go to Kelly Odonnell who has some krcritical news. Ive been talking to multiple sources who have been in contact with jeff flake and they say he has not revealed his decision but he is weighing a lot of concerns and factors. He was at the heart of the oneweek pause where there was the expanded Background Check that has itself been controversial what jeff flake will do is critical. Im told with people within the last hour who are in touch with him is hes not disclosing his intentions and hes weighing concerns and factors that suggest that perhaps his mind is not yet made up. Kelly odonnell, very interesting. I want to briefly go to senator ben cardin, democrat from maryland joining us on capitol hill. So glad to have you on the show. I want to get to Mitch Mcconnell speaking on the senate floor. You heard kelly explain our new reporting on where senator jeff make is. How do you believe this vote is going to go . Will jeff flake end up voting no on judge kavanaugh, do you think . I dont think any of us know. Senator flake is a member who is making his own decision on this we respect that greatly. I know hes under tremendous pressure from all sides. He will do what he thinks is right. I hope at the end of the day he votes not to confirm. I just listened to senator schumer, he laid it out well. Theres four senators right now that everyone is watching. Senator, given all of the drama were watching unfold right now on the senate floor, do you believe this could have been avoided if, for example, senator Dianne Feinstein had handled the allegation from dr. Christine blasey ford was handled differently over the summer. I think this could have been handled differently by the Republican Leadership and the time schedule that was put on
this nomination. There were two sets of hearings, in both cases the investigations prior to those hearings were inadequate, i think that led to the problems. Senator cardin, thank you. Sorry to be so brief with you, we want to get to senator mcconnell on the senate floor. Lets listen. Give nothingtiice that total uncorroborated allegations are officially enough to destroy an americans life, or will it declare our society cannot, must not, will not set the bar so low. So, Madam President , today is a pivotal day in the Nomination Process of this excellent judge. But its a pivotal day for us here in