Anti-Trump Senator Jeff Flake may be a ‘no’ vote on Kavanaugh even if the FBI investigation clears him.

Speaking earlier Tuesday at the Atlantic Festival Flake characterized Kavanaugh as “sharp and partisan,” and stated that “we can’t have that on the court.”

Flake denied the connection to The Atlantic:

I caught up with Flake briefly as he left the event, and asked if this meant he would not vote to confirm Kavanaugh, even if the FBI cleared him by week’s end. He appeared rattled, and his handlers rushed him into the stairwell. “I didn’t say that …” he stammered. “I wasn’t referring to him.”

Senator Flake is one of the main reasons for the new investigation and has said he would vote for Kavanaugh if he is cleared.

However, Flake has not been particularly reliable and is retiring at the end of the year which gives him more latitude to go rogue.