CNN legal analyst Jeffrey Toobin on Wednesday said that if accuser Christine Blasey Ford refuses to testify next week before the Senate Judiciary Committee, Judge Kavanaugh “is getting confirmed.”
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“If she refuses to testify on Monday, Kavanaugh is getting confirmed,” Toobin told CNN host Anderson Cooper during a panel discussion about Ford’s potential testimony. “Jeff Flake has said that. Susan Collins has said that. If she maintains that ‘this investigation is a sham and I’m not taking part,’ he is getting confirmed.”
Toobin made a point not to take a position on the fairness or lack thereof, only that the situation is “just a factual thing.” (RELATED: Jeff Flake Supports Advancing Kavanaugh Nomination If Accuser Refuses To Testify)
“If she does testify, then I think all the cards are thrown up in the air. He [Kavanaugh] may well be confirmed anyway, but everybody should be clear about the stakes of her decision to come forward before the committee,” said Toobin.
“This is a take it or leave it offer to Ms. Ford,” Toobin said on response to Cooper bringing up the fact that Ford wants an FBI investigation first. “That’s just what it is. She has got to decide whether she wants to testify or not. It is a hard decision.”