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09/17/2018 07:59 AM EDT


By Nolan D. McCaskill (nmccaskill@politico.com or @NolanDMcCaskill)

SENATE DEMS DEMAND DELAY -- Senate Democrats are urging Republicans to delay Thursday's planned Judiciary Committee vote on Brett Kavanaugh's nomination to the Supreme Court in the wake of Palo Alto University professor Christine Blasey Ford's decision to reveal her identity Sunday as the woman accusing Kavanaugh of sexual assault more than three decades ago. Judiciary Committee member Jeff Flake (R-Ariz.) said he's uncomfortable voting "yes" on Kavanaugh if Senate Republicans "push forward without any attempt with hearing what she's had to say." "We need to hear from her," he added. "And I don't think I'm alone in this."

Sen. Bob Corker (R-Tenn.) similarly said the committee should delay Thursday's planned vote. "I think that would be best for all involved, including the nominee," he said. "I think that might be something they might have to consider," Sen. Lisa Murkowski (R-Alaska) told CNN. Sen. Susan Collins (R-Maine) told the network that Kavanaugh emphatically denied the allegation in a phone call Friday. And the White House said it stands by Kavanaugh's earlier statement in which he "categorically and unequivocally" denied the charge. Three people close to the White House say they expect President Donald Trump to go after Ford, and a lawyer close to the White House says the nomination won't be
withdrawn.

Republicans have an 11-10 majority on the Judiciary Committee and 51-49 majority in the Senate. With Flake's opposition, a motion to send Kavanaugh's nomination to the floor with a favorable recommendation would likely fail, though GOP leaders could still try to bring the nomination to the Senate floor. A spokesman for Chairman Chuck Grassley (R-Iowa) said he "is actively working to set up ... follow-up calls with" Kavanaugh and Ford. Ranking member Dianne Feinstein (D-Calif.), however, said through a spokesman, "Staff calls aren't the appropriate way to handle this." More: http://go.politicoemail.com/?qs=911b814ebc0c34d3e2355cf48a19905da7bf72421badc27bb1015817ab5697717f4221ed11d557a65fbb1e59480eaa80

Related: "Flake's revenge? Trump antagonist holds power over Supreme Court pick," by Elana: http://go.politicoemail.com/?qs=911b814ebc0c34d3017060046375c503cc7ffdedb81b91aaa82c96a885ac1cadae00ca5cd4f0c14fda028b130ffc47e2

FORD'S ALLEGATION -- Ford contacted The Washington Post through its tip line in July, when Kavanaugh was on the shortlist to replace the late Justice Anthony Kennedy. She had also contacted her congresswoman, Rep. Anna Eshoo (D-Calif.), around the same time. Through Eshoo's office, Ford sent a letter to Feinstein in late July. She said the incident occurred in the 1980s when both were in high school. Ford recalled a "stumbling drunk" Kavanaugh and a friend corralling her into a bedroom.

"While his friend watched, she said, Kavanaugh pinned her to a bed on her back and groped her over her clothes, grinding his body against hers and clumsily attempting to pull off her one-piece bathing suit and the clothing she wore over it," The Washington Post's Emma Brown reports. "When she tried to scream, she said, he put his hand over her mouth." "I thought he might inadvertently kill me," Ford said. "He was trying to attack me and remove my clothing." Ford said she escaped when Kavanaugh's friend, Mark Judge, jumped on them. She locked herself in a bathroom and eventually ran out of the house.

She stayed quiet until 2012, when she shared her story during couples therapy with her husband. The Post reviewed portions of the therapist's notes, which did not include Kavanaugh's name. The Post also reviewed the results of a polygraph test Ford took in August that was administered by a former FBI agent. The results showed her statement summarizing her allegations was accurate. Ford is "[a] registered Democrat who has made small contributions to political organizations," Brown writes. "By late August, Ford had decided not to come forward, calculating that doing so would upend her life and probably would not affect Kavanaugh's confirmation." But her calculation changed after her story
leaked last week. Much more: http://go.politicoemail.com/?qs=911b814ebc0c34d3a5831e7089ca47688c480d956b72c4211c88547702cb250895b509ae3e649e1190353a6f1a84bb96

Related read: "'I do not know this woman': Trump allies rally to Kavanaugh's defense," from Josh Gerstein, Andrew Restuccia and Daniel Lippman: http://go.politicoemail.com/?qs=911b814ebc0c34d30a215a6934ebdb47a78b1269e6ffb9ec3a229572aefaddaa7765f5a651d57811483b5724054584dc

THE LETTER -- In the redacted version of a letter read to CNN, Ford tells Feinstein she has "information relevant in evaluating the current nominee to the Supreme Court." She adds that she expects Feinstein will "maintain this as confidential until we have further opportunity to speak." "Brett Kavanaugh physically and sexually assaulted me during high school in the early 1980's," she writes, noting that he had assistance from someone, whose name is redacted. "Kavanaugh physically pushed me into a bedroom as I was headed for a bathroom up a short stair well from the living room. They locked the door and played loud music precluding any successful attempt to yell for help."

"Kavanaugh was on top of me while laughing with REDACTED, who periodically jumped onto Kavanaugh. They both laughed as Kavanaugh tried to disrobe me in their highly inebriated state. With Kavanaugh's hand over my mouth I feared he may inadvertently kill me," she continues. "On July 6 I notified my local government representative to ask them how to proceed with sharing this information. It is upsetting to discuss sexual assault and its repercussions, yet I felt guilty and compelled as a citizen about the idea of not saying anything." The full letter: http://go.politicoemail.com/?qs=911b814ebc0c34d36c641b62ae957ac1cd2d977499d1a000b36a15afbabd8944cb2c22f9ee1aa8c97402a240089fdec8

GOOD MORNING! Thanks for reading Huddle, the play-by-play guide to all things Capitol Hill, on this Monday, Sept. 17.

FRIDAY'S MOST CLICKED: Roll Call's report on the inclusion of a short-term extension of the Violence Against Women Act in the continuing resolution was the winner.

WHAT'S NEXT? -- For now, at least, the committee vote will go as planned. Republicans contacted Democrats on Sunday to try to set up separate calls with Kavanaugh and Ford. But Democrats weren't on board, and Feinstein has asked that the FBI reopen its background investigation of the nominee. "The allegation injects uncertainty into the prospects for Trump's second nominee for the court, roils the midterm elections -- which have seen a record number of women seek elected office -- and carries high-stakes implications for the court," The Washington Post's Sean Sullivan, Seung Min Kim and Felicia Sonmez report.

If the White House pulled the nomination or Kavanaugh withdrew from consideration, the Supreme Court would have to begin its next court session on Oct. 1 with eight justices. "Any new nominee may have to wait until after the midterm elections, with increasing signs that Democrats could capture the Senate majority," they note. "Senate Republicans had argued that the position of red-state Democrats on Kavanaugh would be a factor in their reelection -- an issue that would be moot if the nomination is scuttled." Earlier Sunday, Republicans had appeared poise to confirm Kavanaugh.

"It's disturbing that these uncorroborated allegations from more than 35 years ago, during high school, would surface on the eve of a committee vote after Democrats sat on them since July," a committee spokesman said. "If ... Committee Democrats took this claim seriously, they should have brought it to the full Committee's attention much earlier." Sen. Lindsey Graham (R-S.C.) said he agrees with the committee's concerns "about the substance and process regarding the allegations." Graham said he would "gladly listen" if Ford wants to talk to the panel. But "it should be done immediately so the process can continue as scheduled." More: http://go.politicoemail.com/?qs=911b814ebc0c34d3b1fcadf68896e6d9946b2a59e45514cedca24646020af1dd69acd82f1922bb4d2d397fe480e128bd

New this morning: A lawyer for Ford says she is willing to publicly testify before the panel but hasn't been contacted yet.

OPIOID VOTE -- In non-Kavanaugh news, the Senate is expected to pass a sweeping, bipartisan package today to combat the opioid epidemic. The House passed a similar measure in June, so the legislation would need to be reconciled before it goes to the president's desk. The proposal to be voted on today includes "new steps to stop prescription painkillers from flowing into the U.S. illegally and [provide] Americans addicted to the drugs with better access to treatment and prevention programs," USA Today's Michael Collins writes. Lawmakers are hopeful the package could be signed into law this year.

"There is a bipartisan sense of urgency because this is our worst public health epidemic, and it affects virtually every community," Senate HELP Committee Chairman Lamar Alexander (R-Tenn.) said. Congress has steered roughly $4.7 billion toward the opioid crisis in an omnibus budget bill approved in March, and Alexander said an additional $3.7 billion is likely to be appropriated for fiscal 2019.

"The Senate's Opioid Crisis Response Act, which includes more than 70 proposals that grew out of a series of hearings, aims to close some of the legal loopholes and deal with regulatory issues that have allowed the drugs to proliferate and made it harder for those who are addicted to get treatment," Collins writes. "One of the bill's key proposals seeks to curb the flow of fentanyl and other opioids coming into the U.S. via mail from places like China." More: http://go.politicoemail.com/?qs=911b814ebc0c34d3df9a351f46b5215653da1ea91a5b05c4cab60042b0aebce2873e67d23d3dc08a1201f5bcfa59a6d8

MENENDEZ'S FIGHT FOR SURVIVAL -- Sen. Robert Menendez (D-N.J.) is still favored to win reelection. But his likely victory will cost national Democrats resources in a state that wasn't expected to be in play. The combination of Menendez's unpopularity in New Jersey and Republican Bob Hugin's negative ad campaign has made the race closer than most anticipated. A DSCC spokesman says the group has made a "six-figure" coordinated ad buy with the Menendez campaign. Doug Steinhardt, the chairman of the New Jersey Republican State Committee, said national Democrats "are trying to bail" Menendez out of a race that's now in the single digits.

"I think people know that Menendez is corrupt. They want change," he said. "They see Bob Hugin as a sensible alternative, and he's making a good case for himself." Party officials are confident Menendez will win. But he was once considered a shoo-in, despite a federal corruption trial that ended with a hung jury. Hugin, who made tens of millions of dollars as CEO of a pharmaceutical company, has poured more than $15 million of his own money into the race. Still, Hugin is a large unknown among voters. But so was Democrat Lisa McCormick, who got a notable 38 percent of the vote in the primary against Menendez. More: http://go.politicoemail.com/?qs=911b814ebc0c34d3c62f5d5304ee0e9f312ea6c4b41ecb2bd24818d53697dfa3134c449cf3a62c3f4a3edb91f63fd225

TRADE FIGHTS LOOM OVER GOP INCUMBENTS -- Rep. Will Hurd (R-Texas) has already sought to distance himself from the president on immigration policy, Russian President Vladimir Putin and criticism of U.S. intelligence community leaders. "But it is the economic uncertainty surrounding Mr. Trump's trade negotiations that could loom largest this fall in a district like Mr. Hurd's that relies on [NAFTA] for trade across the border with Mexico," The Wall Street Journal's Joshua Jamerson reports. "It's a political challenge that has emerged in other competitive House races this year, which complicate the GOP's ability to hold its House majority."

Trade battles have had mixed impacts in Minnesota, where in the southern half of the state it has hurt farmers but helped iron miners in the north. Rep. Andy Barr (R-Ky.) has expressed concerns about the president's tariffs on his constituents, who have been hit with retaliatory tariffs. "Many of the roughly two dozen House Republicans running in districts Mrs. Clinton won in 2016 are, to varying degrees, seeking daylight from a president unpopular with independents," Jamerson writes. "There are signs the approach is working for Mr. Hurd; the Cook Political Report rates the race as leaning in his favor over his Democratic challenger, Gina Ortiz Jones, a former Air Force intelligence
officer." More: http://go.politicoemail.com/?qs=911b814ebc0c34d34c08275ac6cdb58afac9c7adb3b189f003444c5604f52cb94ba1060f471080be54b667a2f9811c80

50 DAYS -- It's safe to say Rep. Ruben Gallego (D-Ariz.) is confident about Democrats' chances to take back the House. He told Democrats at a Maricopa County Democratic Party unity event over the weekend that they are "less than 60 days from totally kicking the sh-- out of the Republicans." "And I'm not just talking in the blue districts," he continued. "We are going to win and turn this state blue." But every day, he said, they have to fight "because Republicans are cowards and they're gonna continue to be cowards. We have to fight because it's only us that will fight for everyday Americans." More: http://go.politicoemail.com/?qs=911b814ebc0c34d3e99590a318f94ce5737da0a315f6947ea4b6bc8c2908e8527b44a955f995690c030894cadb973d46

TRANSITIONS -- Ryan Abraham has joined the legislative group of Washington Council Ernst & Young LLP as a principal. He most recently served as the senior tax counsel for the Senate Finance Committee.

Tim Sbranti has left the office of Rep. Eric Swalwell (D-Calif.), where he was deputy chief of staff and district director. He will still serve as Swalwell's political director on the campaign side and is also the athletic director at Dublin High School and director of strategic initiatives for Innovation Tri-Valley.

Ben Margolin has left Rep. Jim Renacci's (R-Ohio) office, where he was a staff assistant. He has been hired as a consultant with Navigant Consulting.

TODAY IN CONGRESS -- The Senate meets at 2 p.m. to resume consideration of an opioid package. At 5:30 p.m., the chamber will hold three roll call votes. Today's agenda: http://go.politicoemail.com/?qs=911b814ebc0c34d376ddfbad9fff5948d9d3885057e47253808baf210382a2f53f1891ea35b3cd70b21661ffb84c6265 The House is out.

FRIDAY'S TRIVIA WINNER -- A.G. Gancarski was first to correctly guess that Knox County, Tennessee, Mayor Glenn "Kane" Jacobs and Longwood, Florida, City Commissioner Matt Morgan are two WWE wrestlers currently serving in elected office. Robert "Rick Steiner" Rechsteiner is also an elected member of the Cherokee County, Georgia, Board of Education.

TODAY'S TRIVIA -- Who were the last two Supreme Court nominees whose Senate Judiciary Committee votes to send their nominations to the floor with a favorable recommendation failed? The first person to correctly guess gets a mention in the next edition of Huddle. Send your best guess my way: nmccaskill@politico.com.

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