As it happened: Kavanaugh and his accuser Ford testify before Senate Judiciary Committee

27 September 2018

“Do you believe in God?” asks Senator Joe Kennedy (R-Louisiana), asking Kavanaugh to look him in the eye and tell the truth “before God and country.”

“I do,” Kavanaugh replies.

Kennedy asks him about allegations from Ford, Ramirez and Swetnick. “None of these are true?”

“That’s correct,” says Kavanaugh.

“No doubt in your mind, even a scintilla?” asks Kennedy.

“Zero.”

“Do you swear to God?” Kennedy asks.

“I swear to God.”

And with that, the hearing is done.

Sen. Kamala Harris (D-California) asks if Kavanaugh has taken a polygraph test. Kavanaugh says no, but adds that they are not admissible in federal court, as Harris – a former prosecutor – is well aware.

Harris repeats the question brought up by other Democrats: is Kavanaugh willing to ask the White House for a FBI investigation. Demands a yes or no question.

Harris argues that proof against a Democrat conspiracy is that Democrats did not attack Neil Gorsuch, whose biography matches Kavanaugh’s. “The only difference is that you have been accused of sexual assault.” Asks if it is possible if men can be friends with some women and treat others poorly.

“Did you watch Dr. Ford’s testimony?” Harris asks.

“I did not,” Kavanaugh replies. “I was preparing mine.”

“I did not hide Dr. Ford’s allegations. I did not leak her story,” says Sen. Feinstein. She does not say how the letter came out, only that Ford was “stalked by the press.”

“I held it confidential until she decided that she would come forward,” Feinstein says.

“Can you tell us that your staff did not leak it?” asks Sen. John Cornyn (R-Texas).

“I have not asked that question directly,” Feinstein says. After briefly consulting her staffer, she comes back with, “The answer is no.”

Cruz asks if there is a process for the committee to consider confidential allegations. Grassley says yes, explains the process.

“So bipartisan investigators could’ve investigated this two months ago?” Cruz asks, while keeping Ford’s name confidential or publicizing the charges against Kavanaugh.

“Yes,” says Grassley.

“It is my understanding that her story was leaked before the letter came public,” says Feinstein, saying “her friends” from the beach might have told the press. “I don’t think the letter was ever leaked.”

Both Kavanaugh and Dr. Ford have been “treated incredibly poorly by Senate Democrats and the media,” says Sen. Ted Cruz (R-Texas). He accuses the Democrats of not treating Kavanaugh with the same respect the committee gave Dr. Ford.

“We should look for the facts, not anonymous innuendo and slander,” Cruz says.

Sen. Cory Booker (D-New Jersey) tries to get Kavanaugh to attack Ford personally. Kavanaugh repeats he bears her “no ill will.”

“I think you’ve been treated unfairly,” says Sen. Thom Tillis (R-North Carolina), arguing the Democrats refused to investigate the charges only they knew about.

“You’re the first major target of a new strategy that’s developed here,” says Tillis, saying that Democrat groups already have a website to oppose the next judicial nomination.

Sen. Mazie Hirono (D-Hawaii) praised Dr. Ford’s “quiet, raw, emotional power,” then brought up the claims of Kavanaugh’s college roommate about him being a “sloppy drunk.” Kavanaugh denied the characterization.

Hirono submits to the record four letters from committee Democrats, requesting an FBI investigation.

Senator Mike Crapo (R-Utah) points out that Democrats refused to participate in investigating the allegations, of which the majority heard 45 days after Feinstein, adding that Democrats seem less interested in a FBI investigation than in further delaying the confirmation process.

Kavanaugh confirms Feinstein did not raise the allegations in their meeting on August 20, even though her staff had advised Ford to retain Katz two weeks earlier.

Blumenthal then switches gears, asking if Kavanaugh’s opening statement claimed that “the courageous woman” (Ford) was a pawn of “some left-wing conspiracy.”

“She preferred confidentiality. Her confidentiality was destroyed by the actions of this committee,” Kavanaugh responds.

Sen. Richard Blumenthal (D-Connecticut) brings up “Renate alumnus” yearbook reference.

“Your question is based on a false premise, and really does great harm to her by even bringing her name up here,” Kavanaugh fires back.  

“Calling someone an alumnus that way… is boasting of sexual conquest,” Blumenthal argues.

“Look what you’re doing!” Kavanaugh responds, alarmed. “She’s a great person, she’s always been a great person. By bringing this up you’re dragging her through the mud, it’s just unnecessary.”

Sen. Ben Sasse (R-Nebraska) brings up that Sen. Feinstein never brought up the allegation in public or private, even as her staff was telling Ford to hire lawyers.

Sen. Mike Lee (R-Utah) points out that Democrats could have brought up Ford’s allegations to the FBI instead of keeping them secret, and could be using the hearing to ask questions instead of demanding a FBI investigation if they cared about the truth – rather than, as one Democrat admitted, wanting to delay the proceedings until after the election.

Chris Coons (D-Delaware) asks why Kavanaugh would refuse having the FBI take a week to investigate the claims. “My concern, should you move forward, is what it would do to the credibility of the court.”

Kavanaugh counters that he asked for a hearing the day the allegations were made public, and that the committee has sworn statement of witnesses. For the past ten days, “every day has been a lifetime” for him and his family, he said.

“We had 45 days between July 30 and September 13… when we could’ve been investigating this,” Chairman Grassley says, angry that Democrats sat on the allegations for weeks.

Bloomberg’s White House reporter Jennifer Jacobs says President Trump is “so far standing behind Kavanaugh’s nomination” based on the judge’s opening statement.

“This man is not a monster,” says Sen. Orrin Hatch (R-Utah), pointing to Kavanaugh’s history as a judge. “Porn star lawyers with facially implausible claims are driving the news cycle,” he continued, adding that this confirmation process is worse than those of Robert Bork or Clarence Thomas. “This is a national disgrace, the way you’re being treated.”

The search for truth must involve more than bare assertions, Hatch argues. “I understand the desire of my colleagues to tear down this man by any cost,” but “Guilt by association is wrong. Immaturity does not equal criminality.”

The committee is back in session, with both Kavanaugh and Sen. Klobuchar apologizing to each other over any misunderstandings.

The session is now on a break and will return shortly. 

When asked by Sen. Amy Klobuchar (D-MN) if he had ever drank so much that he blacked out, he responded by saying no.

"I'm curious if you have," Kavanaugh said.

"I have no drinking problem," Klobuchar said.

"Nor do I," Kavanaugh responded.

"Senator what do you like to drink?" Kavanaugh asked Sen. Sheldon Whitehouse (D-NY) when asked whether a reference in the judge's high school year book referred to alcohol.

When asked about another reference, Kavanaugh said: "That refers to flatulence, we were 16," he said, prompting laughter.

He was also asked about a part of the yearbook which included the entry "FFFFF..." He responded by saying that it referred to a friend who would make that noise before saying the "f word."

Senator Lindsey Graham (R-SC) chimed in attacking Democrats of making both Kavanaugh and Ford victims of their political shenanigans.

"What you want to do is destroy this guy's life, hold this seat open, and hope you win in 2020," Lindsey Graham said.

"This is the most unethical sham since I've been in politics," Graham said.
"This is not a job interview. This is hell," he continued. 

Sen. Dick Durbin has asked Kavanaugh to seek a hearing suspension via Don McGahn, counsel to Trump, and pursue an FBI investigation.

Sen. Chuck Grassley then interrupted, instructing for the clock to be stopped and saying the hearing would not be suspended.

"You know that's a phony question," Kavanaugh says as he tries to explain that FBI would just do the report.

Senator Patrick Leahy (D-VT) starts the questioning after the break and immediately gets into a fiery exchange with Kavanaugh over his friend Matt Judge not testifying in the case.

"I'm going to talk about my high school record if you're going to sit here and mock me," Kavanaugh told Leahy, becoming increasingly agitated as he asked whether the judge's friend was referring to his actions in a book he wrote.

"Let me finish!" Kavanaugh told Leahy, believing he was about to interrupt. At the end of Kavanaugh's response, Leahy said the committee had received a "filibuster" but no actual answers.

The hearing takes 15 minutes break at Kavanaugh's request.

Kavanaugh is repeatedly stressing that it is an "outrage" that he wasn't allowed to immediately defend his name at a hearing.The Swetnick thing is a "joke" and a "farce," Kavanaugh says, referring to one of the people who have lodged an allegation against him.
"Would you like to say more about it?" Senator Dianne Feinstein asks. Kavanugh says "no," prompting some laughter in the room.

"I ask you to judge me by the standard you would want applied to your father, or your husband, or your brother, or your son."

Kavanaugh has concluded his statements. He will now respond to questions.

Kavanaugh said he has always had close friendships with girls. "I'm not talking about girlfriends," he said, noting that he had entirely platonic relationships with them. He specifically named some whom he spent a lot of time talking to on the phone in high school.

Kavanaugh says he has always been an advocate for advancing the careers of women. "A majority of my 48 law clerks over the last 12 years have been women."

If confirmed, he'll be the first SCOTUS judge with all-female clerks. "That is who I am. That is who I was."

Kavanaugh's comment that the sex assault story was the revenge of the left for the defeat of Clinton have sparked accusations of his bias from Democrats.

Kavanaugh said he never had sex "or anything close to it" during high school or for many years after.

He cites the letter from 65 women who knew him in high school and attest to his good character.

Kavanaugh said he likes beer, and he still likes beer – but there is a huge line between drinking beer and sexually assaulting someone. He said the country will be in a dark place if every person who drank beer in high school begins to be accused of such things.

Kavanaugh says he has kept calendars and diaries for decades. Assuming the alleged party was on a weekend, his diary says he was out of town almost every weekend night during that time in 1982, barring a few exceptions which he has explained.

Kavanaugh is going through his career highlights, including the fact that he worked closely with President George W. Bush, noting that he has never once - until now - had any sexual misconduct allegations laid against him. "That's because nothing of this kind ever happened."

Kavanaugh said he is not questioning that Ford may have been assaulted by someone, at some time, but he is "innocent of this charge."

He tears up as he says he means no ill will towards Ford or her family.

I will not be intimidated into withdrawing from this process. You've tried hard, you've given it your all...but your coordinated and well-funded effort to destroy my good name and destroy my family will not drive me out.

This first allegation was held in secret for weeks. It was unleashed and publicly deployed when needed, only once it appeared that he would likely be confirmed, Kavanaugh said.

This has been a "calculated and orchestrated political hit," Kavanaugh says, fueled by anger surrounding the 2016 election and the fact that Donald Trump is president. 

Kavanaugh says that since he was nominated for the Supreme Court, there has been a "frenzy on the left to come up with something - anything - to block" his confirmation adding that "you have replaced advise and consent with search and destroy". He went on to describe attempts to vilify him by his opposition.

Kavanaugh has begun speaking. He says he wanted a hearing as soon as possible to "clear his name."

He says the 10-day delay of the hearing has been "harmful" to him and his family, the Supreme Court, and the country.

"I was not at the party described by Dr. Ford," Kavanaugh says.

Protests against Kavanaugh are underway outside the building.

The questioning of Ford has now wrapped up. Grassley thanked her for answering all questions “as best you can remember” and announced a 45-minute recess.

Mitchell asks Ford is her friend Leland Keyser ever followed up with her after the alleged assault to ask her what happened to her that night.

Asked if she was aware that Keyser had said she had no recollection of the party, Ford said she was aware and noted that that Keizer had “significant health challenges” and that she was “happy” she was getting help for them.

Two other people Ford alleges were at the gathering also said they had no recollection of it. Ford said they would have no reason to recall it, as it was not a big party.

Ending her questioning, Mitchell noted that the best way to get to the truth in such matters would have been to have Ford undergo a "forensic interview". Mitchell said that asking questions in five-minute increments, as the hearing demanded, was not an optimal method of interview.

Mitchell asks Ford if anyone gave her advice on how to choose a lawyer.
Ford said besides friends and family, Feinstein’s office suggested some attorneys. Her lawyers said that they are working pro-bono, while Ford herself found it difficult to give details on who's covering legal expenses.

In lengthy and dramatic comments Sen. Cory Booker (D-NJ) says Ford’s courage will affect the “culture” of the country and calls her “heroic” for coming forward. Ford appears to cry as Booker speaks. Booker hasn't asked to any questions, but added several letters of support from various groups for Ford.

Ford’s lawyers interrupted Mitchell to confirm that her polygraph was paid for by them, “as is routine”.

Back after a 30-minute break, Sen. Mazie Hirono (D-HI) has criticized Mitchell’s line of questioning and suggested she has aimed to undermine Ford’s testimony.

Hirono asks Ford if there is any “political motivation” in her decision to come forward with her allegation. Ford says “no” there is not.

Hirono says that Kavanaugh has been “credibly accused” and criticizes for Republicans of "prejudging" Ford before her testimony. 

Republican-leaning observers have focused on gaps in Dr. Ford’s testimony, such as her reported fear of flying - cited by her lawyers to delay the hearing, originally scheduled for Monday - and questions about her polygraph test.

Dr. Ford has been praised by Democratic activists and liberal-leaning journalists as an epitome of courage and credibility, defying “powerful, despicable men.”

The committee is taking a short break.

While the hearing was underway the White House has said that President Trump and Deputy Attorney General Rod Rosenstein have spoken and “plan to meet next week” instead of today as previously scheduled, so as not to “interfere with the hearing”.

Mitchell has challenged Ford about the circumstances of her polygraph test. Ford says her primary recollection was “crying a lot” and that her “terrible handwriting” in her pre-polygraph statement shows how anxious she was.

Mitchell also challenged Ford earlier about her fear of flying and noted that Ford had flown on multiple occasions to reach vacation destinations. Ford said it was easier to fly if she was going on vacation.

Sen. Richard Blumenthal has commended Ford for being “very honest” about what she cannot remember. “Someone who is honest is also candid about what he or she cannot remember,” he said.

Blumenthal has pointed out that the Republican senators on the other side of the room “have been silent”.

Coons asked Ford how she feels about the excuse that “boys will be boys” that has been given for some instances of sexual assault. Ford says she can only speak about how the incident affected her, but does not directly answer the question.

Mitchell asks Ford if she spoke to any Republican member of congress about her allegations. Ford said she did not because the representative in her area was a Democrat.

Ford told Mitchell she spoke to Sen. Feinstein once by phone. “She asked me some questions about the incident and I answered those questions — it was a fairly brief phone call.”

Ford has told Sen. Chris Coons (D-DE) that she wanted to get the information about Kavanaugh to senators while there was still a shortlist of possible nominees, so that someone else could be chosen — rather than having everything come out after Kavanaugh had already been selected.

Mitchell has asked Ford why she went to the Washington Post. She said friends had given her advice to contact senators or the media.

"People were giving me advice on the beach — call the Washington Post, call the NY Times, put in an anonymous tip,” she said.

Ford said she did not contact the New York Times because she felt like contacting the Post was enough and that her “preference” was to speak with her congressperson and go the “civic route”.

Sen. Amy Klobuchar has said too many people are focused on what Ford does not remember — and asked her to reiterate what she does remember.

Ford responds: “The stairwell, the living room, the bedroom, the bed on the right side of the room — the bathroom in close proximity, the laughter, the uproarious laughter and the multiple attempts to escape.”

Klobuchar has also asked Grassley to put the results of a successful polygraph test Ford had previously taken on the record.

Mitchell has probed Ford again about whether the Post reporter saw her therapy notes. “I don’t remember physically showing her my copy of the notes,” Ford said.

Mitchell asks Ford if anything else in her life has added to her symptoms of anxiety and PTSD. Ford said that she can’t rule out that she has a “biological predisposition” to be an anxious person. But “environmentally” there has been nothing “as striking” as the alleged assault to add to her symptoms, she said.

Sen. Sheldon Whitehouse (D-RI) has told Ford that she has met “all of the standards of preliminary credibility” and that the “bare minimum” that a person making an allegation deserves is a “full and proper” investigation.

Mitchell asked Ford if she showed a Washington Post reporter her therapy notes or whether it was possible that the reporter did not actually see the notes. Ford says she can’t recall whether she showed the Post reporter her notes or if she just summarized what was in them.

Mitchell asks Ford if someone drove her home from the party and if anyone has come forward to say they were the person who drove her home.
Ford said someone did drive her home, but no one has come forward to identify themselves as that person.

A 15-minute break has now been called before questioning continues.

Sen. Dick Durbin tells Ford that he is “sorry for what this has done to you and your family” and says that more Americans believe her than don’t. Durbin said it was “no wonder” many sexual assault survivors do not come forward, given that they are often not believed.

Kavanaugh’s friend Mark Judge should be subpoenaed from his “Bethany Beach hideaway,” Durbin added.

A “polished liar” can create a seamless story, but survivor “cannot be expected” to remember every detail, he said.

Durbin has asked Ford if she is sure this is not a case of mistaken identity and can she be sure it was Kavanaugh who assaulted her. She responds that she is “100%” sure.

Sen. Pat Leahy begins his time by praising Ford for coming forward, telling her that “bravery is contagious” and saying the country owes her “a debt of gratitude”.

Mitchell asks Ford if she had drunk any alcohol or was taking any medication on the day of the alleged assault. She said she was not.

Ford says Kavanaugh and Judge, however, were “extremely inebriated” at the party and said it was clear that they had been drinking prior to their arrival at the home.

“It was not really a party like the news has made it sound. It was just a gathering that I assumed would lead to a party later,” she said.

Ford has told Sen. Feinstein that she decided to come forward publicly after reporters began appearing outside her home and after one reporter approached her at work. “The mounting pressure” forced her to come forward publicly, she said.

Feinstein asks Ford if she is sure this could not be a “case of mistaken identity”. Ford responds “absolutely not”.

Prosecutor Rachel Mitchell has begun her questioning of Ford. Mitchell is an expert in investigating sex crimes and has been brought in by the Republican Party to question Ford. She has been recognized by Grassley for her "experience and objectivity".

Ford appears nervous and her voice is repeatedly breaking as she speaks.
Ford says she has been living in “various secure locals” with security guards. She said her email account was hacked with the hackers sending out emails pretending to recant her account of the alleged assault.

Many tweets with hashtag #IBelieveChristineBlaseyFord  have appeared as people are debating if Ford is telling truth or not.

“I believed he was going to rape me. I tried to yell for help. When I did, Brett put his hand over my mouth to stop me from screaming"

Ford said she believed Kavanaugh might “accidentally” kill her during the alleged attack. Ford says she never told anyone the details of the alleged assault until May 2012 during a couples counselling session with her husband.

“I am here today not because I want to be,” Ford says, as her voice breaks. “I am terrified.”
Ford has begun to describe the party where she alleges the assault took place.

“I truly wish I could provide detailed answers to all of the questions that have been and will be asked,” she says. “I don't have all the answers, and I don't remember as much as I would like to. But the details about that night that bring me here today are ones I will never forget. They have been seared into my memory and have haunted me episodically as an adult.”

Feinstein has run through a list of all public allegations made against Kavanaugh so far and called for an FBI investigation.

She has questioned Kavanaugh’s defense of himself as someone who has “always treated women with dignity and respect,” referring to former friends of Kavanaugh’s who said he “drank to excess” and that the picture he is trying to paint of himself is a “lie”.

 “This is not a trial of Dr. Ford. It’s a job interview for Brett Kavanaugh,” Feinstein said.

Feinstein has referenced Mark Judge, a close school friend of Kavanaugh’s who Ford claims was in the room when the alleged assault took place — and said Judge should be subpoenaed to give testimony as a named witness.

Sen. Dianne Feinstein has defended her decision to keep Ford’s letter private as per her request. Feinstein applauded Ford’s “strength and bravery” for coming forward publicly. She criticized Grassley for not “properly” introducing Ford, prompting an interruption from Grassley who said he was planning to introduce her before her own testimony.

Grassley has referred to other public sexual misconduct allegations made against Kavanaugh and says the committee has been "trying to investigate" but that it has "not had cooperation" from attorneys representing other clients.

He accused the attorneys of “stonewalling” the committee’s investigative process.

Grassley lamented how Ford’s name came to light in a leaked letter and said that Kavanaugh had to address the allegations during a "media circus".

Grassley says he looks forward to “a fair and respectful hearing" and says sexual assault is a “complex” topic to discuss.

Sen. Chuck Grassley has apologized to both Kavanaugh and Ford for how they have both been treated in recent days and asks for a "show of civility" going forward.

Ford has arrived to the room