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And in a video recently updated by CNN, Kavanaugh suggests that he believes that there is only one institution that should be allowed to investigate the conduct of a president: the United States Congress
. They raise new questions as to whether the Judge of the Court of Appeals considers that a president can be the subject of an investigation conducted outside of Congress, which is important now that a federal investigation hovers over Trump, according to legal experts.
Kavanaugh then added, "It makes no sense to have an independent attorney who looks at it Now, of course, most criminal investigations will involve more than one topic, so we need to be sure that we will not be able to." a criminal investigation in progress, but when it comes to examining the conduct of the President, it must be Congress. "
There are marked differences between a special advocate and an independent attorney – since a special advocate like Robert Mueller works directly on behalf of the Department of Justice Department under a different set of rules that governed the independent lawyer.The law that created the 39, an independent lawyer expired in 1999, when it was replaced by the more modest regulation of the Department of Justice that governs special advisers.
Kavanaugh's comments date back two decades ago. he worked from 1994 to 1998, while they were investigating the Clinton White House. His hostility to independent advice and his skepticism that a president can not be charged affect his views on a special lawyer investigating an incumbent president – namely Mueller, who is investigating Trump. and if his campaign 2016 collusion with the Russians.
And these opinions could be highly correlative if Kavanaugh is confirmed in the Supreme Court and later rules on any matter involving the Mueller probe, including a summons to compel Trump's testimony.
The 1998 comments, which have not been previously reported, will once again add to speculation as to whether Kavanaugh accepts the Mueller probe – or is hostile to "It's impossible to be disagree with Kavanaugh on the fact that, in a perfect world, Congress takes the lead when it comes to investigating the misconduct and malfeasance of the president, "said Stephen Vladeck, professor of law at the University of Texas. . "But what it seems to imply here is not just that Congress takes the lead, but that the Constitution itself can exclude independent attorneys like Starr and the Independent Lawyer." 39, special advocate Mueller. "
video of Kavanaugh's remarks.
Helgi Walker, a partner of a Washington law firm who also worked with Kavanaugh at the George W. Bush White House and supports his appointment, said his 1998 comments are consistent with its legal vision of the separation of powers between branches. of the government as specified in the Constitution. Kavanaugh has long embraced the theory of "unitary executive", which argues that it is unconstitutional for any executive executive to be isolated from presidential control.
"There is nothing remarkable in this quote at all," Walker said. "This is consistent with what Judge Kavanaugh has always said … There are major constitutional issues regarding independent counsel."
In a January 2018 notice for DC's Federal Court of Appeal, after Mueller's appointment, Kavanaugh recognized the distinction between an independent lawyer and a special advocate. But he does not specify his views on the validity of the investigation of a special advocate on a president.
"The independent lawyer is, of course, separate from the traditional special advocates appointed by the Attorney General for particular matters," Kavanaugh wrote. "These special advocates usually report to the Attorney General or the Deputy Attorney General and are revocable."
Asked how Kavanaugh can see a special advocate like Mueller investigating the president, Walker said, "I do not know what to do." I have no idea … I can only look at his coherent writings on the doctrine of the separation of powers. "
Vladek said that" it's a thing "if Kavanaugh is simply opposed to independent investigations on a president for political reasons
he thinks the Constitution forbids them," Vladek added. "Anyway, it's hard to imagine that this is not a key issue in his confirmation hearing."
Democrats promised to make Kavanaugh the focus of the confirmation process, demanding that he recuse himself, implicating the Mueller probe, a proposal Republicans have rejected.But at least one pivot vote GOP also wants to know his point of view on Mueller.
"It's something I I will raise with him, "said Susan Collins of Maine, a moderate from Maine, to CNN, also noting that there is Kavanaugh has made known his disdain for special prosecutors over the years.
In 1998 separate remarks at the Law Center of the Universi From Georgetown, Kavanaugh said, "That the President decides when to appoint a special prosecutor … A special prosecutor should be appointed by the president and confirmed by the Senate, not by a group of isolated judges, but the prosecutor should be able to revoke as it sees fit.
Kavanaugh adds: "In my opinion, the Congress should make it clear that the President can only be charged after being removed by the House and returned by the Senate."
"It was actually canceled. "
The comments attracted attention given Kavanaugh's previous writings expressing skepticism as to whether a sitting president can be charged.
" The country wants that the president is "one of us" who carries the same citizenship responsibilities that everyone shares, "wrote Kavanaugh in an article published in 2009 in the Minnesota Law Review. "But I believe that the president should be exempted from some burdens of ordinary citizenship while he is in office."
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