Before
and immediately after the Senate narrowly voted to confirm Brett
Kavanaugh to the Supreme Court on Saturday, top Democrats vowed that
they would continue to fight -- not only at the ballot box in November's
midterm elections, but also through further investigations and
potentially even impeachment proceedings afterwards.
On Saturday, House Minority Leader Nancy Pelosi
announced
she planned to file a Freedom of Information Act (FOIA) request to
obtain documents related to the FBI's supplemental probe of Kavanaugh,
which senators said showed no corroboration of the decades-old sexual
misconduct allegations against him. FBI background checks on judicial
nominees have traditionally been kept confidential so that only
senators, White House officials, and certain aides can view them.
“In
purposefully limiting the FBI investigation, it is clear the
Republicans were not seeking the truth,” Pelosi, D-Calif., wrote in a
statement. “They were seeking cover to do what they wanted to do anyway.
To add insult to injury, they blocked the public’s access to the
report.”
Pelosi also requested any communications from Senate
Republicans to the FBI concerning the scope of the investigation.
Congress is legally exempt from FOIA requirements, and it was not
immediately clear to what extent the FBI would respond to Pelosi's
request.
READ THE EXECUTIVE SUMMARY OF THE SECRET FBI REPORT ON KAVANAUGH: WHAT WITNESSES WERE INTERVIEWED?
Meanwhile, an
online petition to impeach Kavanaugh reached
more than 125,000 signatures in
wake of Kavanaugh's confirmation. The petition claims as grounds for
impeachment, among other grievances, that Kavanaugh lied under oath
about not having "legacy" connections to Yale Law School because his
grandfather attended Yale as an undergraduate.
However, Yale Law
School admissions officials have said that Kavanaugh would have received
no boost from his grandfather's attendance at the university as an
undergraduate.
SWING-VOTE SENATORS FACE MASSIVE BACKLASH OVER KAVANAUGH VOTES: TRUMP SAYS MURKOWSKI 'WILL NEVER RECOVER'
The
petition also accuses Kavanaugh of lying under oath about when he
learned of Deborah Ramirez's uncorroborated allegation that he exposed
himself to her at a college party. Kavanaugh testified that he had heard
generally that Ramirez was asking former classmates over the summer
about the party to try to find someone to support her story; his
denial appeared in The New Yorker's piece describing her allegations.
"There is no room for an accused sexual predator and liar on the Supreme Court,"
the petition, organized by the progressive CREDO Action group, continues. "Brett
Kavanaugh faces credible accusations of sexual assault and perjury and
should be impeached. Initiate impeachment proceedings to remove him from
the federal bench."
WATCH: PELOSI COMPARES KAVANAUGH TO PUTIN, KIM JONG UN
Republicans
had warned in recent days that liberal groups would rachet up their
impeachment rhetoric. "You better believe that Democrats are going to do
everything in their power to impeach Kavanuagh from the Supreme Court
if they take control of Congress in November," Donald Trump Jr. wrote on
Twitter Friday.
Alan Dershowitz, an emeritus Harvard Law School professor,
told Fox News
that it would be more appropriate for the Department of Justice, not
Congress, to probe any viable legal violations by Kavanaugh. Partisan
impeachment proceedings, he said, "would really undercut the process of
confirmation and introduce a new level of McCarthyism into the
process."
Nevertheless, Democratic politicians have seemingly
embraced calls to continue to go after Kavanaugh. Rep. Jerry Nadler,
D-N.Y, who is poised to become the chairman of the House Judiciary
Committee if Democrats prevail in the lower chamber in November,
promised this weekend that the FBI's recently completed supplemental
review of Kavanaugh's background wouldn't be the final word.
“The Senate
having failed to do its proper constitutionally mandated job of advise
and consent -- we are going to have to do something to provide a check
and balance, to protect the rule of law and to protect the legitimacy of
one of our most important institutions,” Nadler told The New York Times
on Friday.
IN BOMBSHELL LETTER, CHRISTINE FORD'S EX-BOYFRIEND DIRECTLY CONTRADICTS HER TESTIMONY ON POLYGRAPHS
“We
would have to investigate any credible allegations certainly of perjury
and other things that haven’t properly been looked into before," the
ranking Judiciary Committee Democrat said in a separate interview.
That
investigation, Democrats have said, could well lead to impeachment
proceedings. Federal judges can be impeached by a simple majority of the
House, but actually removing Justice Kavanaugh from the bench would
then require a two-thirds vote of the Senate -- an extraordinarily
unlikely scenario. No sitting U.S. Supreme Court justice has ever been
removed from the bench using this mechanism.
"If we find lies about assault against women, then we should proceed to impeach," Luis Gutiérrez, D-Ill.,
said in an interview last week.
And
far-left Rep. Ted Lieu, D-Calif., wrote on Twitter in September that
Congress should being investigating to see if Kavanaugh "should be
impeached" based on the "new criminal allegations by Julie Swetnick."
Swetnick's credibility has taken a beating in recent days, with one ex-boyfriend
telling Fox News she "exaggerated everything" and had threatened to kill his unborn child. Another ex-boyfriend
similarly cast doubt on her credibility,
as reports surfaced that she had previously been sued for allegedly
concocting false sexual harassment claims. Swetnick is represented by
anti-Trump lawyer Michael Avenatti.
And Christine Blasey Ford, the
California professor who accused Kavanaugh of sexual assault, has faced
questions of her own. One of her ex-boyfriends,
in a sworn declaration obtained by Fox News,
directly contradicted her testimony on a variety of issues, including
her experience with polygraph exams and her purported fear of enclosed
spaces in the wake of her alleged assault.
Republicans have defended the supplemental FBI probe into Kavanaugh's background as fair and thorough.
Senate Judiciary Committee Republicans last week released an executive summary
of the FBI's report, outlining each of the witnesses who were
interviewed about the decades-old, uncorroborated accounts of sexual
misconduct by Kavanaugh.
The full confidential report was only
available to senators on a confidential basis in a secure room of the
Capitol complex. While Republicans, including key swing-vote moderates
like Maine Sen. Susan Collins and Arizona Sen. Jeff Flake, said they
were satisfied with the report, Democrats in the Senate were openly
critical.
"The fight over Judge Kavanaugh is increasing base intensity for both parties."
— Political analyst Bruce Mehlman
"Well, that report -- if that's an investigation, it's a bull---- investigation,
" Sen. Bob Menendez, D-N.J., told a man as he walked through the Capitol complex on Thursday. "The reality is, that was not a full and thorough investigation."
There
were signs that, even though Democrats face long odds in their effort
to have Kavanaugh impeached, they will be successful in rallying their
base to the polls in key House races in November.
“Our guys are
taking a beating,” GOP consultant Rob Simms told The Washington Examiner
on Tuesday, saying that House Republican candidates are being badly
outspent by well-funded Democratic groups.
A
new poll from Quinnipiac University showed that 49 percent of voters preferred that the Democrats take back Congress, compared with 42 percent for Republicans.
“For
the first cycle in a decade, the priority in Democratic infrastructure
is to win the House,” Democratic strategist Jesse Ferguson told the
Examiner. “The Trump administration is fueling the desire of Democrats
to win the House so that we have at least one arm of government.”
Meanwhile,
though, polls by Fox News and other organizations have shown that
Republicans have also been energized by what they saw as unfair,
politically motivated last-minute smears during the confirmation
process. Because of the specific Senate seats up for grabs this year,
Republicans are expected to see gains in the Senate from the Kavanaugh
confirmation battle.
Republican voters were responding not only to
Kavanaugh, but Republicans' broad success in installing conservative
jurists throughout the federal system. Senate Majority Leader Mitch
McConnell, R-Ky., has led a successful push to install new conservative
appellate and district court nominees
at a record-breaking pace this year,
with several more to be appointed in the coming weeks. In the last two
years, he has secured not only two solidly conservative Supreme Court
justices, but also 26 federal appellate judges, all with lifetime
tenure.
Still, political headwinds
normally work against the party of incumbent presidents in their first midterm elections. According to
an analysis by
former George W. Bush administration official Bruce Mehlman, in the
past 11 such midterm seasons, new presidents saw their party make net
gains only once in the House, four times in the Senate and zero times in
state gubernatorial contests.
HOW THE KAVANAUGH SLUGFEST IS BOOSTING THE GOP IN KEY SENATE RACES
"The
fight over Judge Kavanaugh is increasing base intensity for both
parties, helping Democrats with white college-educated women in suburban
House districts while bolstering Republicans among evangelical voters
in the many rural red state Senate contests," Mehlman told Fox News. He
recently
authorized an analysis outlining
how some other major factors, including the economy and record-high
levels of spending, will impact the upcoming vote.
Voters appeared
particularly energized in Missouri, which Fox News polls show is tied
up at 43 percent apiece for incumbent Democratic Sen. Claire McCaskill
and Republican challenger Josh Hawley. Just three weeks ago, McCaskill
was up 44-41 percent. Even before Ford testified against Kavanaugh,
McCaskill announced that she would not support the nominee.
That
decision seems to be costing McCaskill some key support. Crucially,
according to Fox News polling, among the 28 percent of voters who say
they could still switch candidates, almost twice as many say McCaskill
voting against Kavanaugh’s confirmation would make them less inclined to
back her.
North Dakota shows an even clearer picture. Vulnerable
North Dakota Democratic Sen. Heidi Heitkamp, who remains undecided on
Kavanaugh, appeared to be treading carefully after McCaskill's loss of
support. Fox News' polling shows Republican challenger Kevin Cramer now
leading by 12 points (53-41 percent). Last month, he was up by only 4
points.