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WASHINGTON (AP) – Brett Kavanaugh's past writings in the Supreme Court that a president should not be distracted by lawsuits and investigations could become a critical point in a controversial confirmation battle
. to investigate whether President Donald Trump obstructs justice, questions as to whether a CEO can be summoned or charged could potentially reach the Supreme Court. Although there is no indication at this point that this is happening, it is sure to be a major subject of questioning at the Kavanaugh confirmation hearing while the Senate Asked about the possibility of replacing him by Judge Anthony Kennedy. saying that past writings – particularly a legal article that he wrote about the separation of powers in 2009 – suggest that he would be inclined to rally to Trump.
Senate Democratic Leader Chuck Schumer said Tuesday that he "looks exactly like the kind of man Trump would like to see in the Supreme Court if legal issues arise from the Mueller investigation." [19659004] A look at Kavanaugh's past pronouncements on presidential powers:
INQUIRIES AND PROSECUTIONS INVOLVING THE PRESIDENT
Kavanaugh was a key actor in the investigation that led to the removal of President Bill Clinton, but a decade later, he wrote that the experience, coupled with his time working for President George W. Bush, ha he persuaded him that presidents should not have to deal with criminal investigations including indictments, or civil suits during their tenure. He said that Congress should pass a law temporarily protecting presidents from such distractions in the office.
Clinton, for example, "could have focused on Osama bin Laden without being distracted by the case of sexual harassment Paula Jones and his criminal investigations" written in the Minnesota Law Review article of 2009.
Si they are applied to the court in a way, these opinions could have a direct impact on Trump, who was also harassed by allegations of sexual harassment.
possible, the court might have to weigh in on the question of whether a president is immune from criminal prosecution. The Office of the Legal Adviser of the Department of Justice, which advises the executive agencies, has stated that incumbent Presidents can not be prosecuted during the term of office
SUBMERNAISSING THE PRESIDENT
. The question of whether a sitting president must respond to a summons from the investigators remained unanswered
. In the 2009 article, Kavanaugh wrote that Congress should also exempt the president from interrogations by criminal prosecutors or defense lawyers. Even the lesser charges of a criminal investigation – including preparation for interrogations by criminal investigators – are long and distracting, "he writes, adding that a president concerned about an ongoing criminal investigation" will inevitably do a worse job as president. "
Mueller has not indicated that he will proceed to subpoena the president, even though his team raised the prospect wit Trump's attorney in March and may if the president's lawyers refuse to make Trump available for an interview.
Clinton was summoned in 1998 during the Whitewater Independent Lawyer's investigation, although the summons was withdrawn later when Clinton agreed to testify voluntarily.
The Supreme Court never ruled on the question of whether a president could be compelled to testify, although the 1974 judges ruled that the president Richard Nixon was to produce records and documents summoned to appear.
TIRE SPECIAL COUNCIL
Trump repeatedly criticized Mueller and the investigation on Twitter, raising concerns in Congress that he will move to fire the special advocate. The White House has said Trump has the power to fire Mueller, but only Deputy Attorney General Rod Rosenstein has the power to fire him under the current regulations. Rosenstein appointed Mueller in May 2017 after Trump dismissed FBI director James Comey.
In an article published in the Georgetown Law Journal in 1998, Kavanaugh wrote that Congress should give the president the opportunity to give special advice. hours since his appointment Monday night.
However, Kavanaugh's reasoning was not to protect the presidents, but to make them more accountable. He wrote that presidents may complain that independent boards are politically motivated, while hinting that they are powerless to do anything about it. Giving the president's firepower would "force the president and his substitutes to shut up or shut up."
Noting Nixon's resignation after firing officials from the Justice Department, Kavanaugh writes that "l & # 39; history clearly demonstrates that the president will pay a huge political price.
PLAYING POLITICS
Harvard law professor Noah Feldman, a specialist in constitutional studies, warned Democrats on Tuesday not to exaggerate or misinterpret Kavanaugh's remarks. He argues that Kavanaugh suggests that Congress make new laws to exempt presidents from investigations or trials, which is not the same as saying that the courts should intervene. Feldman suggests that Kavanaugh might even suggest that a president can be charged, since he believes "
" It's a mistake for Democrats to make it their main line of criticism " said Feldman.
Democrats showed little sign of this council Tuesday
. Cory Booker, DN.J, said that the Senate should not consider the appointment of Kavanaugh until the Mueller inquiry is over.
"The president of the United States should not be beyond criminal investigations," said Booker. Senator Dakota John Thune, Republican No. 3 of the Senate, called the opposition "Democratic Paranoia".
"This is part of their obsession with Russia and the president," Thune said, noting that Kavanaugh wrote the presidential exemptions article from the trials and investigations when President Barack Obama was in office.
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Eric Tucker, Mark Sherman, Matthew Daly, Alan Fram, and Rhonda Shafner contributed to this report.
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