Tag Archive for: 2018Elections

Brett Kavanaugh, the nominee least likely to support Trump’s indictment, was nominated by the same Trump who attacks the FBI/Justice Department/Mueller’s “witch hunt,” and dangles pardons to potential witnesses. Kavanaugh was chosen precisely because he’ll shield Trump from accountability for his crimes and ignore excessive assertions of executive authority and the blatant disregard for the separation of powers.

Kavanaugh believes the Constitution gives the president direct, unbridled control over every instrument of executive power (unitary-executive theory), requiring courts to actively rein in an “administrative state.” He believes:

• the president can’t be indicted — only impeached— for criminal acts
• presidents have wide latitude to hire/fire special counsels/Administrative Law Judges/executive department heads
• while president, the person is excused from the burdens of ordinary citizenship, such as responding to civil lawsuits/criminal investigations
• presidents need not enforce a statute they believe to be unconstitutional

The next Supreme Court will likely decide key legal/constitutional issues concerning Trump and his scandals:

• Should a sitting president be immune from criminal processes, such as investigation and indictment?
• Is a special counsel constitutional? Can a president fire a special counsel?
• May pending civil lawsuits proceed?
• What about emoluments cases?

Kavanaugh’s confirmation almost guarantees Trump’s possible complicity in Russian cyber attacks on the democratic process won’t be exposed or punished.

To save our democracy from would-be Emperor Trump, we must stop this nomination!