Kavanaugh says "no one is above the law" but will not say if Trump can forgive himself



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On a number of occasions, Kavanaugh, who did not turn away from his talking points and was calm and disciplined during a long day of examination, argued that the judges should be independent and that they were not allowed. they had to limit their decisions to a precedent. But his answers have little influence on the fears of Democrats who say that his appointment requires additional control since the president who appointed him has repeatedly challenged the conventions of his office.

"Nobody is above the laws in our constitutional system," said Kavanaugh, hoping to defuse some of these concerns, adding that the presidency was not a monarchy.

But he refused to be attracted to Democrats in dangerous political areas. He declined to say whether a sitting president should respond to a subpoena and not move when asked if a president could forgive himself.

"The question of car pardons is something I have never analyzed, it's an issue I have not talked about, so it's a hypothetical question that I can not answer as a judge. sitting and Supreme Court candidate, "said Kavanaugh.

Trump earlier this year declared that he had the "absolute right" to forgive himself if he wanted to.

Kavanaugh could at some point be called to rule on a dispute over the investigation of Special Adviser Robert Mueller on Russian interference in the 2016 elections. Senate Democrats have suggested that he could be biased in favor of the president and fear that his views on the primacy of executive power may help Trump escape scrutiny from scrutiny.

When asked if a president-in-office should be compelled to respond to a subpoena, Kavanaugh said, "I understand you're asking me to comment on a potential assumption, and that each of the eight Judges who currently sit on the Supreme Court, when they sat in my place, refused to decide potential hypothetical cases. "

Abortion and gun control

On the second day of his confirmation hearing, Kavanaugh had to face tough cross examinations from Democrats, under pressure from grassroots activists to show vigorous resistance to Trump's candidate.

The first Democrat to question Kavanaugh was California Senator Dianne Feinstein who questioned him about his views on abortion and gun control.

Kavanaugh said that he considered Roe v Wade's 1973 decision to uphold a woman's right to an abortion as a precedent set by the Supreme Court under the doctrine of stare decisis.

Roe v. Wade is "entitled to respect," he said, adding that he understands the passion around the decision.

"I do not live in a bubble, I understand, I live in the real world, I understand the importance of the issue," he said.

But Feinstein, raising doubts about the candidate's position when he was coming to rule on the abortion of the bench of the Supreme Court, said: "When the subject comes up, the person says we will follow stare decisis, t, she says.

Feinstein also chose to look into gun control and shootings in schools, asking him to explain his dissent in a DC Circuit case in 2011 upholding the District of Columbia's ban on own most semi-automatic rifles.

Kavanaugh argued that his reasoning was based on the Supreme Court's decision in the Heller case that semi-automatic rifles were constitutionally protected.

While decrying the gun violence and sympathizing with Feinstein's horror about school shootings, Kavanaugh said, "I understand the problem, but as a judge, my job was to follow the advice of the Supreme Court. "

Tuesday's testimony was often interrupted by protesters who were shouted out of the courtroom. But the proceedings lacked the bitterness and partisanship that characterized the opening day of the hearing on Tuesday.

Democrats are under pressure to show their constituents that they have the backbone to challenge the administration and to clearly show their constituents the huge issues of voting – since the GOP's victory in 2016 allowed Trump Supreme Court right , maybe for decades.

The president himself stated that he was pleased with Kavanaugh's performance so far, saying that he was "born for the job".

"I watched today for a little while, I saw incredible answers to very complex questions," Trump told reporters.

With the support of Manchin, GOP Senators

To prevent Kavanaugh's confirmation, the Democrats must keep their entire coalition in the Senate and hope to win two Republicans, with the most likely options: Alaska Sen. Lisa Murkowski and Susan Collins of Maine.

But there is also the chance that some Democrats, faced with tough reelection races in the states Trump won in 2016, are forced by their own hopes of political survival to vote for Kavanaugh.

A potential Democratic defender, Senator Joe Manchin of West Virginia, told CNN that he had not seen anything disqualifying him until now in the candidate's testimony.

"He has behaved very professionally, his dialogue is more specific in his approach to being a lawyer," said Manchin, adding that he felt that the behavior of Republican and Democratic senators at the hearing was deplorable. "That's what makes people sick," he said.

The Republicans, meanwhile, remain confident. Kavanaugh not only testified twice before, he worked on judicial appointments while serving at the George W. Bush White House. He understands the process better than anyone. According to one participant, he participated in "murder commissions" – training sessions – with court clerks and Justice attorneys acting as senators.

CNN's David Shortell, Annie Grayer, Vogue's Ariane, Manu Raju, Dan Berman and Tammy Kupperman contributed to this report.

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