Dems Riled Up!

Schumer, Warren lash out over Supreme Court pick’s call to shield presidents from criminal investigation.

While Brett Kavanaugh’s stances on issues like abortion and gun rights could dominate his confirmation hearing, the Supreme Court nominee’s decade-old call to shield presidents from criminal investigation has grabbed his critics’ attention right out of the gate.

Kavanaugh, a judge for the federal appeals court in Washington, D.C., tackled the issue in a 2009 article in the Minnesota Law Review.

At the time, he wrote it is “vital that the President be able to focus on his never-ending tasks with as few distractions as possible” and suggested Congress enact a law deferring all civil and criminal suits against a president while in office.

“Congress might consider a law exempting a President—while in office—from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel,” Kavanaugh wrote in the journal. “The indictment and trial of a sitting President, moreover, would cripple the federal government, rendering it unable to function with credibility in either the international or domestic arenas.”

In the article, Kavanaugh did hedge a little by saying that no one in the U.S. is above the law, but added that the Constitution already provides a solution for dealing with a president who breaks the law.

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