There is a new argument circulating the leftist arena in which they claim President Trump should not be permitted to make a Supreme Court nomination, as instructed under Article II, Section 2 of the United States Constitution, because he is currently under investigation for the possibility of colluding with the Russian government to secure the 2016 election. Furthermore, if confirmed, they claim Kavanaugh would have to recuse himself from Trump/Russia related matters argued before the Supreme Court.
Trump SCOTUS team has looked at Kavanaugh’s past comments on indicting a sitting president, we’ve confirmed. In 2009, Kavanaugh wrote: “The indictment and trial of a sitting President, moreover, would cripple the federal government…” http://www.minnesotalawreview.org/wp-content/uploads/2012/01/Kavanaugh_MLR.pdf
This is clearly an attempt to suggest that the President chose a nominee that would ‘have his back’ in the event that the Mueller team finds any evidence of wrongdoing on behalf of President Trump.
Prima fascia, this claim is absolutely erroneous and deserves no attention what-so-ever. The President chose his nominee after the special counsel alerted him that he is NOT the target of the Russia probe, therefore Trump did NOT make his Supreme Court pick while under investigation. As far as anyone outside the special counsel knows, that fact has not changed nor has there been any evidence to suggest that Trump has become the target of the investigation.
It is true that President Trump’s SCOTUS team looked over Judge Brett Kavanaugh’s decision regarding an indictment of a sitting President however, this stands to reason. A President’s SCOTUS team is responsible for vetting all potential nominees, looking over their past decisions is paramount in making a responsible nomination. To suggest this is the ONLY reason President Trump chose Judge Kavanaugh is intellectually dishonest, to say the least.
The individuals waging this argument are neglecting to mention that it’s the President’s SCOTUS team’s job to review the vast majority of opinions issued by any of the potential nominees. Judge Brett Kavanaugh’s Separation of Powers opinion is just one of many. It would be ridiculous to suggest any President would make a Supreme Court nomination based off of a single opinion. That of which was written 9 years prior to their consideration for the highest court in the land.
The Separation of Powers opinion penned by Judge Brett Kavanaugh was written in 2009, while President Obama was in the Oval Office and Donald Trump was nowhere on the presidential radar. If this opinion was written to protect ANY President, it would have been President Obama since he was the occupant of the White House when the piece was published; after all, the title of the opinion is, The Separation of Powers During the Forty-Fourth Presidency and Beyond. If this opinion was written to be accommodating to any president, it would be President Barack Obama since it was written in the first year of Obama’s first term.
The argument suggesting Kavanaugh would have to recuse himself in the event that Trump/Russia matters appear before him is ludicrous. The opinion being used to push this argument was written without President Trump in mind and there is no evidence to suggest that anything pertaining to the Trump/Russia investigation is soon to end up before the Supreme Court. There has been absolutely no evidence to suggest that President Trump is in danger of being indicted coupled with the special counsel stating their intentions to follow FBI regulations that stipulate a sitting President cannot be indicted. In essence, Brett Kavanaugh’s Separation of Powers opinion is in agreement with the FBI’s current regulations surrounding the inability to indict a sitting President.
It appears that FBI regulations and President Trump’s Supreme Court nominee are on the same page, Article II, section 2 of the United States Constitution. Sadly, the Democrats are still attempting to defy the Constitution and rewrite history to suit their political agenda.
This attempt to stall or stop Judge Brett Kavanaugh’s Senate confirmation will not work and will end up reflecting poorly on the entire Democratic Party, which would fall in-line with past failures by the “Resist” movement to stop this administration’s progress.