It’s little surprise that Trump chose to elevate to the Supreme Court a Judge with a shockingly expansive view of executive power – that Trump is using his right to nominate Supreme Court Justices to try to protect himself – but it is still a stunning abuse of the power we have given Trump, as President.
Brett Kavanaugh has been a Judge on the Nation’s second most important court, the D.C. Circuit Court of Appeals, for more than a decade and he has a well-established history of giving the executive branch the broadest deference possible. But his position isn’t just reflected in court opinions. In 2009, he wrote a Law Review article imploring Congress to pass a law to exempt a sitting president from criminal prosecution or investigation. He declared “that the president should be excused from some of the burdens of ordinary citizenship while serving in office,” and that “[w]e should not burden a sitting president with civil suits, criminal investigations, or criminal prosecutions.” If Judge Kavanaugh is confirmed to the U.S. Supreme Court – and Democrats will have a tough time stopping it – Trump will have appointed the Justice who may be the deciding vote on whether Mueller is allowed to subpoena or interview the President, or conduct key parts of his investigation (among many other possibilities). Trump will have chosen his own judge – one who already has said clearly that he would let the President get away with anything, so long as a compliant legislative branch is doing nothing to stop him.
Oversight of the executive branch is a critical part of Tom McClintock’s job, and he has completely abdicated that responsibility. He is selling us out, one vote at a time. This is one of the many reasons we oppose Tom McClintock. California’s Fourth District, and this country, deserve better.
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