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Brett Kavanaugh, a Supreme Court nominee, suggested several years ago that the 1974 High Court unanimous decision forced President Richard Nixon to return the Watergate recordings, ending his presidency , would have been wrongly taken. participated in a roundtable with other lawyers when he stated three times that the decision in the US case c. Nixon, which limited the ability of a president to conceal information necessary for a criminal prosecution, may have been wrong.
A 1999 magazine article on the roundtable was one of thousands of pages of material that Kavanaugh provided to the Senate Judiciary Committee as part of the confirmation process. The committee released the documents Saturday.
Kavanaugh's belief in a robust executive authority is already in the forefront in his appointment by President Donald Trump in replacement of outgoing Judge Anthony Kennedy. The question could take even more importance if the special advocate Robert Mueller seeks to force Trump to testify in the ongoing investigation into Russia's interference in the 2016 elections. [19659004] "But perhaps Nixon was wrongly decided." Removed the power of the president to control information in the executive branch by holding that the courts had the power and the power to order to the President to disclose information in response to a subpoena requested by a junior executive branch official.Today, most people do not appreciate it enough … Maybe the tension of the This led to an erroneous decision, "Kavanaugh said in a transcript of the discussion published in the January-February 1999 issue of Washington Lawyer. 19659006] Russian firm charged in Mueller case quotes Kavanaugh's decision to plead in favor of dismissal "class =" trb_em_ic_img "title =" Russian firm charged with Mueller case quotes La Kavanaugh's Decision to Advocate for the Dismissal "data-c-nd =" 2048×1365 "
At another point in the discussion, Kavanaugh stated that the court might have been wise to stay out of the dispute. Case US v. Nixon should it be dismissed on the ground that it was an unjustifiable intrusive dispute? "
Kavanaugh was one of six lawyers who took Part of the discussion following Kenneth Starr's investigation, this led to the removal of President Bill Clinton Kavanaugh had been a member of Starr's team
Discussion focused on confidentiality discussions between government lawyers and their clients
Phili p Lacovara, who defended the Watergate tapes case against Nixon, said Kavanaugh had long believed in a strong presidency. "It was Brett's guess what has been his fundamental jurisprudential approach since law school," Lacovara said in a phone interview Saturday.
Yet, says Lacovara, it was surprising a unanimous decision in the case of Nixon cassettes could have been falsely decided. "
The article was among a pile of documents distributed in response to the committee's questionnaire, Kavanaugh was to provide information about his career as a lawyer and lawyer in the executive branch, education. , affiliation to society and more.
This is an open look at a long paper trail that lawmakers will consider as they decide whether to uphold the court.
A long-time character in the Washington establishment, Kavanaugh acknowledged in the questionnaire that he had joined clubs that he said had a discriminatory membership policy
"Years before becoming a member of the Congressional Country Club and the Chevy Chase Club, I understand that these clubs, like most similar clubs in the country, may have excluded members on discriminatory grounds that should not have been acceptable to the gen s at the time and would no longer be acceptable now, "he writes
. To list the 10 most significant cases for which he sat as a judge, Kavanaugh cited nine in which "the position expressed in my opinion (either for the court or in a separate writing) was later adopted by the Court supreme."
The 10th considered a man dismissed by mortgage giant Fannie Mae after he filed a discrimination complaint that alleged that a company executive had created a hostile work environment by calling the worker "the n-word." Kavanaugh said that he included it "because of what he says about anti-discrimination law and American history."
Kavanaugh declared an appeal court on which he overturned the decision of a lower court in favor of Fannie Mae. He said that he joined the majority opinion in 2013 and wrote a separate agreement "to explain that to call someone the n-word, even once, creates an environment of hostile work. "
In the questionnaire, Kavanaugh quoted his opinion in this case: "No other word in the English language so vividly or instantly recalls the long and brutal struggle of our country to overcome racism and discrimination against African Americans. ". But that was one of the few cases of discrimination in which Kavanaugh was filing a complaint.
Providing a timetable for his appointment, he stated that White House lawyer Don McGahn had called the day Justice Anthony Kennedy announced his retirement on June 27, and that they met the next day. Trump interviewed him on July 2nd, with McGahn present, and Vice President Mike Pence interviewed him on July 4th. Kavanaugh met by telephone with the president on July 8 and met at the White House with Trump and his wife Melania. was offered and accepted the nomination.
When asked if anyone had given him any assurances about the position he might take on a specific case or issue, he replied "No". He also said that he had not given any indication as to how he could judge as a judge.
Kavanaugh has written some 300 judgments as a judge of the court of appeal and has a record at the White House of George W. Bush. Clinton
Republican Senator Chuck Grassley of Iowa, chairman of the committee, said the questionnaire was "the largest and most comprehensive" ever sent by the committee and he praised "the diligent and timely response of Judge Kavanaugh. "
He told legislators that he had enrolled in selective service in his youth but that he had not served in the armed forces.
Years before becoming a judge, Kavanaugh also reflected on how candidates sometimes disappointed supporters who wanted more liberal or conservative justice. Speaking on CNN in 2000, he answered a question as to whether the next president could "go to court" with like-minded judges.
Presidents often prefer to avoid bloody fighting confirmation, he said in a transcript published Saturday. . "We've seen this over and over again, to pick the consensus that turns out to be more moderate and therefore less predictable, that's what happened," said Kavanaugh.
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