Today, the United States indicted
Russian nationals who answered candidate Trump’s public call for hacking Hillary
Clinton’s campaign apparatus.
The indictment should make Judge Kavanaugh sweat
in a way he hasn’t had cause to as of yet.
That’s because the evidence of some
type of coordination between the Trump campaign and Russian hackers just grew—and
by a lot.
So, how does Judge Kavanaugh’s 2009
law review article look after the indictment? His absolutist position on
excusing a sitting president from a criminal investigation means that America’s
election process could be handed over to Russian hackers while the investigatory process is potentially delayed until January 20, 2025.
That could make Judge Kavanaugh
squirm during his testimony.
It is almost inevitable that a senator
will ask the judge: “Given your position in your 2009 law review article, would
you be willing today to say that U.S. v. Nixon should not be overruled or in
any way turned aside from applying to the Mueller investigation?”
In the Watergate case, special prosecutor
Leon Jaworski obtained a subpoena ordering President Nixon to release certain
tapes and papers related to specific meetings between the President and those
indicted by the grand jury.
The tapes and the conversations they revealed were believed to contain damaging evidence involving the indicted men and perhaps the President himself.
Does that sound familiar?
The tapes and the conversations they revealed were believed to contain damaging evidence involving the indicted men and perhaps the President himself.
Does that sound familiar?
The president refused to obey the subpoena. In short
order, the matter came up for decision by the Supreme Court.
In a unanimous ruling, the Court
upheld the investigatory powers of the special prosecutor. Nixon was ordered to
submit to judicial process. He resigned shortly thereafter under the pressure
of intense, bipartisan scorn and calls for his resignation.
The key sentence in that decision acknowledged
that the principle of executive privilege did exist, but also rejected
President Nixon’s claim to an "absolute, unqualified Presidential
privilege of immunity from judicial process under all circumstances."
So, Judge Kavanaugh: Did the
unanimous Supreme Court in 1974 get that ruling wrong, or would you apply it to
President Trump?
And if you won’t apply the precedent, how can you credibly
claim to be a conservative who upholds—as you stated in your introductory
comments to the American public— precedent and the rule of
law?
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