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Kavanaugh refuses to say yes to FBI inquiry as Republicans erupt at 'sham' hearing – live updates Kavanaugh refuses to say yes to FBI inquiry as Republicans erupt at 'sham' hearing – live updates
(35 minutes later)
Republican senator Mike Lee has used his time to attack Democrats’ call for an FBI investigation after praising Kavanaugh as “attentive” and “responsive”:
If you have questions for Judge Kavanaugh, ask him. He’s right here. If you have questions of other witnesses ... Participate in the committee investigations that have been going on. ... If someone was really interested in the truth, this is what they would do. ...
“I extend to you my most profound sympathies,” the senator added.
Senator Chris Coons, a Democrat, asked Kavanaugh about “whether you’ve ever gotten aggressive while drinking or forgotten an evening after drinking”. The judge said:
The answer to that is basically no. I don’t really know what you mean by that. What are you talking about? No, is the basic answer unless you’re talking about something that I’m not aware of.
Coons also asked Kavanaugh about comments from a former classmate about his behavior while drinking – that he would sometimes get aggressive and drink frequently. Kavanaugh deflected in his response, not directly answering.
Coons also asked him to join him in calling for a week-long FBI investigation.
“Every day has been a lifetime,” Kavanaugh responded, referencing the last ten days.
Republican senator Orrin Hatch is now decrying the process as unfair.
This is worse than Clarence Thomas. I didn’t think it could get any worse than that. This is a national disgrace ...
He was an immature high schooler. So were we all. That he wrote or said stupid things does not make him a sexual predator ...
We’re back from the break. Kavanaugh opened up with a brief apology to Democratic senator Amy Klobuchar after he asked her about her drinking in response to her questions: “I’m sorry I did that. It’s a tough process.”
She responded, “I was truly just trying to get to the bottom of the facts and the evidence.”
Some observers are commenting on the stark contrast in gender expectations that the dueling testimony of Kavanaugh and Dr Ford has revealed:
These testimonies are a study on gender expectations. Dr. Christine Blasey Ford, who says she was sexually assaulted, was apologetic and pleasant. Brett Kavanaugh, the alleged assailant, is forceful and angry. #KavanaughHearings
Imagine a black woman yelling through her testimony?
Amazing contrast in gender norms and expectations. Ford (who says she was sexually assaulted) is almost apologetic in her testimony. Kavanaugh, the alleged perpetrator, is yelling and angry.
Ford was polite, deferential and accommodating. Kavanaugh is loud, angry and aggressive. Tells you a lot about what we expect from women and what we allow on the part of men.
If Brett Kavanaugh were a woman, they’d be calling this performance “hysterical.”
The White House is praising Lindsey Graham, who earlier called the hearing “despicable”:
.@LindseyGrahamSC has more decency and courage than every Democrat member of the committee combined. God bless him.
We are on another 15-minute break. In the meantime, here’s a report from the Associated Press, with experts backing up Dr Ford’s explanation of the mechanics of memory:We are on another 15-minute break. In the meantime, here’s a report from the Associated Press, with experts backing up Dr Ford’s explanation of the mechanics of memory:
In her testimony Christine Blasey Ford dipped briefly into the mechanics of memory. Experts say she got her scientific facts basically right.In her testimony Christine Blasey Ford dipped briefly into the mechanics of memory. Experts say she got her scientific facts basically right.
Asked how she could be sure it was Kavanaugh who put a hand over her mouth to keep her quiet, Ford, a psychologist, cited levels of chemical messengers called norepinephrine and epinephrine in her brain at the time of the alleged attack.Asked how she could be sure it was Kavanaugh who put a hand over her mouth to keep her quiet, Ford, a psychologist, cited levels of chemical messengers called norepinephrine and epinephrine in her brain at the time of the alleged attack.
She said those chemicals helped encode memories in the hippocampus region of the brain, so that the main memory was “locked there” while other details “kind of drift.”She said those chemicals helped encode memories in the hippocampus region of the brain, so that the main memory was “locked there” while other details “kind of drift.”
Later, she said a memory of Kavanaugh and another teen laughing during the assault was “indelible in the hippocampus”.Later, she said a memory of Kavanaugh and another teen laughing during the assault was “indelible in the hippocampus”.
Memories are not highly detailed, objective recordings of events retrieved with perfect accuracy. They are shaped by beliefs and expectations. For that reason, experts told The Associated Press that both Ford and Kavanaugh, who denies that any assault happened, may both firmly believe what they say.Memories are not highly detailed, objective recordings of events retrieved with perfect accuracy. They are shaped by beliefs and expectations. For that reason, experts told The Associated Press that both Ford and Kavanaugh, who denies that any assault happened, may both firmly believe what they say.
Experts in memory and the brain said Ford’s quick tour of memory machinery was generally correct. Levels of the brain substances she cited go up when a person is alarmed, and they help memories become laid down more strongly in the hippocampus, said Elizabeth Phelps, a Harvard University psychologist.Experts in memory and the brain said Ford’s quick tour of memory machinery was generally correct. Levels of the brain substances she cited go up when a person is alarmed, and they help memories become laid down more strongly in the hippocampus, said Elizabeth Phelps, a Harvard University psychologist.
That helps people vividly recall central parts of an emotional experience, while details are typically lost, said Lila Davachi of Columbia University.That helps people vividly recall central parts of an emotional experience, while details are typically lost, said Lila Davachi of Columbia University.
Democratic senator Amy Klobuchar questioned Kavanaugh about his drinking habits: “You’re saying there has never been a case where you drank so much you never remembered what happened the night before?”Democratic senator Amy Klobuchar questioned Kavanaugh about his drinking habits: “You’re saying there has never been a case where you drank so much you never remembered what happened the night before?”
Kavanaugh responded by repeatedly trying to ask the senator about her drinking habits: “I think you’ve probably had beers, senator.” Some of that exchange:Kavanaugh responded by repeatedly trying to ask the senator about her drinking habits: “I think you’ve probably had beers, senator.” Some of that exchange:
Kavanaugh bizarrely talks right over Klobuchar, doesn't let her ask questions or even attempt to answer the ones she manages to ask pic.twitter.com/lfjODS9ui2Kavanaugh bizarrely talks right over Klobuchar, doesn't let her ask questions or even attempt to answer the ones she manages to ask pic.twitter.com/lfjODS9ui2
Republican senator John Cornyn is up next in an indication that Mitchell, who questioned Dr Ford for the entirety of her testimony, may have already finished her interrogation of Kavanaugh.Republican senator John Cornyn is up next in an indication that Mitchell, who questioned Dr Ford for the entirety of her testimony, may have already finished her interrogation of Kavanaugh.
Cornyn follows in Graham’s fiery tone. He compares the hearing to the McCarthy communist sympathiser hearings of 1954.Cornyn follows in Graham’s fiery tone. He compares the hearing to the McCarthy communist sympathiser hearings of 1954.
Kavanaugh watches on and appears to be sympathetic to the analogy.Kavanaugh watches on and appears to be sympathetic to the analogy.
“I’m never going to get my reputation back,” he says.“I’m never going to get my reputation back,” he says.
Democratic senator Dick Durbin asks Kavanaugh to turn to the White House counsel Don McGahn, who is apparently sitting in the front row, and call for an FBI investigation.Democratic senator Dick Durbin asks Kavanaugh to turn to the White House counsel Don McGahn, who is apparently sitting in the front row, and call for an FBI investigation.
Predictably, Kavanaugh, doesn’t take the bait. Predictably, Kavanaugh doesn’t take the bait.
He then asks the judge whether he wants an FBI investigation. Kavanaugh does not answer directly, “I am innocent,” he says.He then asks the judge whether he wants an FBI investigation. Kavanaugh does not answer directly, “I am innocent,” he says.
Just after Durbin’s question, Republican senator Lindsey Graham launches into an extraordinary tirade. Branding the hearing: “The most despicable thing I’ve ever seen in politics.” Just after Durbin’s question, Republican senator Lindsey Graham launches into an extraordinary tirade, branding the hearing “the most despicable thing I’ve ever seen in politics”.
He turns to his Democratic colleagues who he says have “destroyed this guy’s life”. He turns to his Democratic colleagues, who he says have “destroyed this guy’s life”.
“I would never to do to them what you’ve done to this guy,” he says. “I hope the American people see through this sham. When it comes to this, you’re looking for a fair process, you’ve come to the wrong place.”“I would never to do to them what you’ve done to this guy,” he says. “I hope the American people see through this sham. When it comes to this, you’re looking for a fair process, you’ve come to the wrong place.”
Kavanaugh says of the experience: “I’ve been through hell and then some.”Kavanaugh says of the experience: “I’ve been through hell and then some.”
Mitchell gets another five minutes. She moves onto Kavanaugh’s calendars from the summer of 1982. She asks him: “Is there anything [in the calendars] that could remotely fit Dr Ford’s allegations?
“No,” he responds.
She asks: “Are you aware that in Maryland there is no statute of limitations that would stop you from being charged?”
“Yes, that’s my understanding.”
Mitchell’s five minutes are up again.
We’re back on now. And Democratic senator Patrick Leahy begins by asking whether Kavanaugh wants Mark Judge called as a witness.
Kavanaugh says he has already provided sworn testimony and then the two get into a shouting match.
Leahy then asks whether a character in one of Judge’s books, who is portrayed passing out after excessive drinking, is based on Kavanaugh.
Kavanaugh says: “You’d have to ask him.”
“I agree with you there,” Leahy says.
Leahy then asks Kavanaugh about his his school yearbook. The two then get into another shouting match before Grassley intervenes.
Kavanaugh then defends his time in high school, without talking about the yearbook.
“I busted my butt in academics,” he says, before going into details about his participation in sports and other activities.
“If we want to sit here and discuss whether a supreme court nomination should be based on a high school year book, I think that takes us to new levels of absurdity,” Kavanugh says.
Leahy runs out of time, ands concludes: “We got a filibuster but no answer.”
A number of White House reporters are suggesting that Donald Trump was enthralled with Kavanaugh’s fierce, combative defence.
President Trump is "riveted" and telling people, "This is why I nominated him," in a positive way, per person close to him. Talking to lots of people inside WH about how he likes how Kavanaugh is fighting back. Admires the defiance.
He is already calling senators and demanding a vote. Confirmed. First one is Saturday at noon. https://t.co/ct810UpIjI
According to some reports, this form of aggressive testimony is exactly what Trump had called for.
From the NYT last night -- Trump has some advice for Kavanaugh: Be more aggressive, show more outrage, push back more. In other words, be more like Mr. Trump. https://t.co/RZy5UPltRN
While we’re on this break, it’s worth revisiting some of my colleagues’ reporting on Kavanaugh’s record with law clerks.
As part of his full-throated defense of his record promoting the careers and ambitions of women, both personally and professionally, Kavanaugh boasted of his record of selecting female clerks to work in his office.
“If confirmed, I’ll be the first justice in the history of the Supreme Court to have a group of all women law clerks. That is who I am,” he said.
But as the Guardian’s Stephanie Kirchgaessner and Jessica Glenza have reported, some of clerks were told by a Yale professor that their physical looks could help win a coveted spot in Kavanaugh’s legal chambers.
Mitchell then asks Kavanaugh about his drinking. He again concedes that he drank beer in his high school days, but says it was never to the point of “blacking out”.
Mitchell then asks about the specifics of Dr Ford’s allegations. He denies every one of them, ranging from being present in a room with and Judge, to him allegedly assaulting her, with a simple “no”.
Kavanaugh then requests a 15-minute break, and the committee accepts.
Feinstein immediately asks why Kavanaugh has not voiced a request to have the allegations investigated by the FBI.
He responds instantly by saying he wanted to come before the committee the day after Ford’s allegations were made public.
Feinstein presses him further about not submitting to an interview with the FBI. He interrupts and says: “You’re interviewing me. There’s no conclusions reached.”
He then instantly denies allegations made against him by three women: Ford, Ramierz and Swetnik.
He labels Swetnik’s allegations as “a joke. It’s a farce.” And declines to elaborate.
In that exchange, Kavanaugh confirms he knows all of the people Dr Ford suggests were present at the time of the assault.
Once again, Mitchell’s questions last just five minutes and she hands over to Democratic senator Dianne Feinstein.
Senator Grassley straight away hands over to Rachel Mitchell.
She asks instantly about his relationship with Mark Judge.
He describes him as a “great, funny guy” he describes his battles with additction and says he hasn’t spoken to Judge “in a couple of years”.
Kavanaugh now goes on criticise Democrats on the committee. He points to other ways he claims they have destroyed his life.
“I love teaching law. But thanks to what some of you on this side of the committee I may never be able to teach again,” he says.
Of his coaching of his daughter’s basketball team, he says: “I love coaching more than anything more than anything I‘ve ever done in my whole life. But thanks to what some of you on this side of the committee have unleashed, I may never be able to coach again.”
He concludes his remarks by arguing: “We live in a country devoted to due process and the rule of law. That means taking allegations seriously. But if an allegation … from 36 years ago, is enough to destroy a persons career we will have abandoned … due process.”
He adds: “My family and I intend no ill will to Dr Ford and her family. I swear before the nation and God I am innocent of this charge.”
Kavanugh’s opening remarks are still going. He now talks about his character as a high school student.
He acknowledges his drinking in youth but adds: “There is a bright line between drinking beer - which I gladly do and fully embrace, and sexual assault. I never committed sexual assault.”
He concedes: “As high school students we sometimes did goofy and stupid things.” And he talks about his high school yearbook: “This past week, my friends and I have cringed when we read about it and talked to each other.”
He refers to one high school friend who was referred to crudely in the book as an “alumnus” of a number of male pupils. “The media has interpreted this as related to sex,” he says, saying they are incorrect. “I’m so sorry to her for that yearbook reference.”
He then moves on to talk about his sexual history: “As to sex, this is not a topic I ever imagined would ever come up at a judicial hearing.”
He reiterates that he did not have sex until “many years after” he left college.
He concedes: “In some crowds I was a little outwardly shy of my experience, at the time I was inwardly proud of it.”