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As Kavanaugh accuser Christine Ford says she will testify to Congress, will Trump get his Supreme Court pick?

Sexual assault allegations against president's nominee Brett Kavanaugh may have far-reaching political consequences 

Chris Stevenson
International editor
Monday 24 September 2018 03:15 BST
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Legal expert, Jeff Toobin; 'If she does not appear, Kavanaugh is getting confirmed'

Christine Blasey Ford – the woman who has accused Supreme Court nominee Brett Kavanaugh of sexual assault – will testify to Congress on Thursday, as will Mr Kavanaugh, in a hearing that will likely be a decisive moment in the judge’s confirmation.

President Donald Trump, and Republicans at large, had been hoping for Mr Kavanaugh to be be confirmed before the Supreme Court opens its new session on 1 October. But that will depend on the Senate Judiciary Committee’s reaction to the testimony from both sides.

At the centre of all it is the allegation from Ms Ford that Mr Kavanaugh tried to force himself upon her at a party when they were both teenagers in high school. Mr Kavanaugh has categorically denied the accusation.

Late on Sunday, a second allegation against Mr Kavanaugh was made public, with Deborah Ramirez accusing the judge of sexual misconduct while the pair were both at Yale. Mr Kavanaugh said the alleged incident “did not happen” and that it was a “smear”.

In the wake of the #MeToo movement, and with the fact that Mr Kavanaugh could sit on the Supreme Court for decades, there have been many statements about how the allegations must be heard and responded to appropriately. However, there has also been a clear push for a speedy confirmation for Mr Kavanaugh from the White House.

Over days of negotiations, where Ms Ford has been set deadlines to agree to appear on Monday, then Wednesday and now Thursday. Democrats have accused Republicans of seeking to “bully” Ms Ford, who has received death threats since her identity became public.

Five key moments from Supreme Court nominee Brett Kavanaugh's senate hearing

Lawyers for Ms Ford, who now include former federal prosecutor Michael Bromwich, made several requests, some of which were accommodated — a smaller hearing room with less press access, that Ms Ford would testify without Mr Kavanaugh in the room, for there to be only one camera in the room, “adequate” breaks and a high security presence.

However, the committee said it would not negotiate on other points, including Ms Ford’s desire for additional witnesses and a request to testify after, not before, Mr Kavanaugh.

Ms Ford’s lawyers said it was still unclear who will ask questions, as Republicans were trying to hire an outside female counsel who could take over the questioning. The 11 Republican senators on the committee are all men, which could send an unwanted message on live television. Democratic senators were expected to ask their own questions.

“We were told no decision has been made on this important issue, even though various senators have been dismissive of her account and should have to shoulder their responsibility to ask her questions,” the attorneys for Ms Ford said in a statement.

Earlier on Sunday, Senator Lindsey Graham, a South Carolina Republican on the Senate Judiciary Committee, said lawyers for Ms Ford were contesting two conditions — that she and Mr Kavanaugh would be the only witnesses and that an independent counsel would ask the questions.

“If they continue to contest those two things, there won’t be a hearing,” Mr Graham said. “We’re not going to let her determine how many people we call” and on outside counsel. “I hope she comes.”

The White House has grown increasingly exasperated at the delay and issued a statement on Saturday that said all four other people that Ms Ford had said attended the party had issued statements denying the allegation or having no recollection of what happened.

On Saturday, a woman named Leland Keyser, who is believed to have identified by Ms Ford as having attended the party, told the committee that “does not know Mr Kavanaugh and she has no recollection of ever being at a party or gathering where he was present, with, or without, Dr Ford.” Two men said to have been at the party, Mark Judge and Patrick Smyth, have also told the committee that they have no recollection of the events.

A lawyer for Ms Ford, Debra Katz, said in a statement that it was “unremarkable that Ms Keyser does not remember attending a specific gathering 30 years ago at which nothing of consequence happened to her”. For her part, Ms. Keyser told The Washington Post in an interview on Saturday that she believed Ms Ford’s story.

In a political context any testimony from Ms Ford could have an impact on Republican attempts to keep control of the House and the Senate in November’s midterms. There were reports on Sunday that Senate majority leader Mitch McConnell had called Mr Trump to warn him that any criticisms of Ms Ford were not helpful – after the president sent a number of tweets on Friday appearing to question Ms Ford’s credibility.

Putting conservative justice’s on the Supreme Court had been one of Mr Trump’s major promises on the campaign trial, and is something he has repeatedly touted to his supporter base and Republicans at large. But with public support for Mr Kavanaugh’s confirmation dropping, according to a new poll, there will be concerns in the White House and among Republican leadership that it could have an impact on close election races across the country.

According to the poll by Fox News, 40 per cent of respondents now support Mr Kavanaugh’s confirmation, while 50 per cent oppose it. Last month, a similar poll put support-opposition at 45-46 per cent.

Depending on what happens over Ms Ford’s testimony, Mr Trump may be forced to withdraw the nomination of Mr Kavanaugh. All Democrats in the Senate are increasingly unlikely to support the judge’s confirmation, and given the Republicans only hold a 51-49 advantage in the chamber it could put a confirmation vote at risk.

Senator Dick Durbin – the number two Democrat in the Senate – suggested on Sunday that there was “unease” about how the allegation has been handled.

“I do believe that [Ms Ford] has not been treated well over the course of this and the Republicans ... feel uneasy with the way this has been handled,” Mr Durbin said on ABC’s This Week.

If a withdrawal happens, it would be the last thing his administration – and the Republican Party at large – would want given the importance of the next few weeks.

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