Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Kavanaugh's support for shielding sitting presidents from prosecution riles Dems
Fox News ^ | 11 July 2018 | Andrew O'Reilly

Posted on 07/10/2018 11:59:10 PM PDT by BlackFemaleArmyColonel

While Brett Kavanaugh’s stances on issues like abortion and gun rights could dominate his confirmation hearing, the Supreme Court nominee’s decade-old call to shield presidents from criminal investigation has grabbed his critics' attention right out of the gate.

Kavanaugh, a judge for the federal appeals court in Washington, D.C., tackled the issue in a 2009 article in the Minnesota Law Review.

At the time, he wrote it is “vital that the President be able to focus on his never-ending tasks with as few distractions as possible” and suggested Congress enact a law deferring all civil and criminal suits against a president while in office.

“Congress might consider a law exempting a President—while in office—from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel,” Kavanaugh wrote in the journal. “The indictment and trial of a sitting President, moreover, would cripple the federal government, rendering it unable to function with credibility in either the international or domestic arenas.”

These words have gained new relevance amid the special counsel investigation into Russian meddling and potential collusion with President Trump's 2016 campaign. While the president has denied wrongdoing and blasted the probe all along as a "witch hunt," Democrats seized on the article as another reason to oppose Trump's nominee to replace Justice Anthony Kennedy.

“He has said the president shouldn’t be investigated,” Senate Minority Leader Chuck Schumer, D-N.Y., said of Kavanaugh on MSNBC. “How is he going to react if [Special Counsel Robert] Mueller needs a subpoena, if Mueller needs some other action?”

Sen. Elizabeth Warren, D-Mass., also voiced concern about Kavanaugh’s writing in a tweet Monday night, saying the judge “thinks Presidents like Trump are above the law.”

(Excerpt) Read more at foxnews.com ...


TOPICS: News/Current Events
KEYWORDS: brettkavanaugh; scotus
"In the article, Kavanaugh did hedge a little by saying that no one in the U.S. is above the law, but added that the Constitution already provides a solution for dealing with a president who breaks the law. “If the President does something dastardly, the impeachment process is available,” he wrote. “In short, the Constitution establishes a clear mechanism to deter executive malfeasance; we should not burden a sitting President with civil suits, criminal investigations, or criminal prosecutions.”

I agree with Kavanaugh.

1 posted on 07/10/2018 11:59:10 PM PDT by BlackFemaleArmyColonel
[ Post Reply | Private Reply | View Replies]

To: BlackFemaleArmyCaptain

I think the left is still gravitating over Hitlery’s moronic idea that the President Nixon shouldn’t be allowed a lawyer during the Watergate mess.


2 posted on 07/11/2018 12:14:35 AM PDT by Hillarys Gate Cult (screanigng t)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyCaptain

Good post.

I was about to say the same thing but you beat me to it. If a president is subject to an activist judiciary or rouge prosecution he is in effect negated in his powers. Thus he should only be subject to impeachment for malfeasance of office. This is the venue of congress alone.


3 posted on 07/11/2018 12:24:48 AM PDT by cpdiii (Cane Cutter, Roughneck, Geologist, Pilot, Pharmacist: THE CONSTITUTION IS WORTH DYING FOR!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyCaptain
More silly nonsense and distractions. Obama was shielded from civil suits while President, as he should have been. Presidents have important work to do, and anybody with a civil complaint can wait a few years to have their case heard.

For criminal matters, impeachment is the Constitutional means to address them.

After this confirmation, it won't be long until we do it all again!


4 posted on 07/11/2018 12:25:21 AM PDT by dead
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyCaptain

...a sunny cloudless low humidity day off will rile a dem....


5 posted on 07/11/2018 1:02:07 AM PDT by Doogle (( USAF.68-....8th TFW Ubon Thailand....never store a threat you should have eliminated)))
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyCaptain

he wrote this when odumbo was president btw so I guess he’s a psychic if he did it to protect trump.


6 posted on 07/11/2018 1:06:37 AM PDT by jarwulf
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyCaptain
Sen. Elizabeth Warren, D-Mass., also voiced concern about Kavanaugh’s writing in a tweet Monday night, saying the judge “thinks Presidents like Trump are above the law.”

She must be referring to Obama.

7 posted on 07/11/2018 1:50:20 AM PDT by Mark17 (Genesis chapter 1 verse 1. In the beginning GOD....And the rest, as they say, is HIS-story)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyCaptain

Libs aren’t part of us....they insane, satanic globalists hellbent on the destruction of our country.


8 posted on 07/11/2018 3:13:17 AM PDT by lgjhn23 (It's easy to be liberal when you're dumber than a box of rocks.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyCaptain

It makes sense on a practical basis to shield the President from certain types of minor legal actions *while he’s in office*.He’s right to observe that impeachment is available to deal with anything resembling a matter of serious misconduct.


9 posted on 07/11/2018 3:40:05 AM PDT by Gay State Conservative (You Say "White Privilege"...I Say "Protestant Work Ethic")
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyCaptain
Go back to Bubba...10 minutes before he left office, his attorney stepped up to a mike and announced that they had reached a deal with ?????.....

1. Bubba would not be subject to prosecution (civil) for anything that occurred during his time in office. 2. He would lose his Arkansas License for 5 years 3. He can never practice before the Supreme Court. 4.?????

Remember...Bubba was impeached...but was not removed...

So now I go ahead to Comey and see what occurred with Bubba as the model for Comey's decision on Hillary.

Is that what the tarmac meeting was about?? That's the only thing that makes sense.

10 posted on 07/11/2018 3:44:56 AM PDT by Sacajaweau
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyCaptain

Doesn’t take a genius to know why. The President needs to be able to act unencumbered.


11 posted on 07/11/2018 3:48:31 AM PDT by Fhios (♫ Oh Where have you been Jeffy boy Jeffy boy oh where have you been charming Jeffy?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hillarys Gate Cult

https://supreme.findlaw.com/legal-commentary/president-clintons-indictment-and-pardon-coming-soon.html


12 posted on 07/11/2018 3:55:52 AM PDT by Sacajaweau
[ Post Reply | Private Reply | To 2 | View Replies]

To: BlackFemaleArmyCaptain

https://www.cnsnews.com/news/article/clinton-wont-be-indicted-after-leaving-office


13 posted on 07/11/2018 4:00:36 AM PDT by Sacajaweau
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyCaptain

Democrats want to cripple the presidency for political reasons.

Trump hasn’t been accused of committing a crime, yet he’s being investigated for an act Mueller can’t even prove occurred.

The Deep State witch-hunt he heads is nothing less than attempt to overturn the results of the 2016 election.

We need such a law in place to allow the President to fulfill his official responsibilities without getting distracted by legal issues that take away his attention, energy and time to run the country.

Kavanaugh makes a good case of not saddling the President with probes into his conduct.

The remedy for presidential misconduct remains impeachment.


14 posted on 07/11/2018 4:21:41 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyCaptain

Yeah when the left stops at NOTHING to cheat, lie and corrupt their will upon the people,

When they demonstrate for nearly a hundred years that they cheat and even murder..

You have to protect yourself against it.


15 posted on 07/11/2018 5:15:51 AM PDT by Celerity
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyCaptain

Mueller will produce a report. If he wants to indict the President (tough to do without any evidence), he can only recommend and then the DOJ cannot prosecute the President. Only the Senate can do this and only when the House pass articles of impeachment.

This is all aimed at the rabid Democrats in a desperate effort to keep them fired up through the confirmation process. The rest of us will grow weary of this nonsense and will solidify the votes to confirm him. This will also help with the mid term election.


16 posted on 07/11/2018 5:47:15 AM PDT by centurion316 (Back from exile from 4/2016 until 4/2018.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyCaptain
The indictment and trial of a sitting President, moreover, would cripple the federal government

Only if the Judiciary are a bunch of idiots or are the ones that want to cripple the government.

17 posted on 07/11/2018 5:49:47 AM PDT by super7man (Madam Defarge, knitting, knitting, always knitting)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyCaptain

It’s called impeachment. We don’t inundate our president with frivolous legal claims while in office. Why is this not easy to understand?

Cory Booker, Blumenthal etc are totally ignorant.


18 posted on 07/11/2018 6:43:29 AM PDT by nikos1121
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyCaptain

Probably why Trump chose him over the others. The continuing meltdown over the Mueller fiasco just helps him in the polls.


19 posted on 07/11/2018 6:58:32 AM PDT by Buckeye McFrog
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson