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Kavanaugh wrote POTUS should have "absolute discretion" to appoint and fire a special counsel (Original Post) NewsCenter28 Jul 2018 OP
Basically, Kavanaugh argues that the president is above the law. Sophia4 Jul 2018 #1
Good post! n/t True Dough Jul 2018 #3
Bullshit.. no one should be above the Cha Jul 2018 #2
Kavanaugh wants a dictator. octoberlib Jul 2018 #4
HE wants a president to be above the law duforsure Jul 2018 #5
Kavanaugh was inside the second of the THREE Hortensis Jul 2018 #6
IOKIYAAR Cosmocat Jul 2018 #8
Morning Joe have gone ALL-IN for Kavanaugh. Time to switch off. OnDoutside Jul 2018 #7
 

Sophia4

(3,515 posts)
1. Basically, Kavanaugh argues that the president is above the law.
Tue Jul 10, 2018, 04:17 AM
Jul 2018

I think that Washington, Adams and Jefferson would all agree that he is wrong and that no citizen of this country, no person in this country is above the law and does not have to answer to the laws of our nation.

How does Kavanaugh define a king. What differentiates the powers of a monarch from those of a president.

What are the essential duties and responsibilities of a president? And to whom or what does a president answer? Just to Congress, a political body? Or also to the law and the courts?

If all three branches of government are co-equal, then it would seem that each answers to the people and to each other if necessary.

The impeachment authority is assigned in the Constitution. So is the authority to try suspects. Nothing in the Constitution says that a president is not as subject to the court as he or she is to the impeachment power of Congress.

Or am I wrong?

US Constitution Article II,

Section 4

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

. . . .

Article III,

Section 2

1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;10 —between Citizens of different States, —between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

3: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

http://constitutionus.com/

Seems to me that impeachment is not the exclusive venue for the trial of a president who should be included among public Ministers.

The Founding Fathers did not forsee a Trump becoming president. They were men of honor although there was a lot of gossip about Jefferson for example.

We shall see. But I really think that a president who commits common crimes should be subject not only to the impeachment process but to court review, maybe the Supreme Court, especially if his cohorts in crime are tried in courts.

duforsure

(11,885 posts)
5. HE wants a president to be above the law
Tue Jul 10, 2018, 05:44 AM
Jul 2018

Which means he doesn't abide by the Constitution at all, or any oaths of office he or a President takes before entering office. The President serves the people , and not himself, and by allowing him to be free from any laws makes his unaccountable, exactly what the founding fathers didn't want. No man is above the rule of law, and no justice should ever accept or promote he is. That would mean anyone he wants can be free from prosecution for anything he wants, especially if he's paid well to protect him, or no rule of law as they pick and choose who is innocent , and who is guilty , and trump becomes the judge , jury , and executioner, and then can thumb his nose at the Supreme court too. This is how putin did in russia, and not surprised trump is now using all the same tactics to get what he wants , or what putin wants.

Hortensis

(58,785 posts)
6. Kavanaugh was inside the second of the THREE
Tue Jul 10, 2018, 06:00 AM
Jul 2018

corrupt special prosecutor attempts by Republicans to unseat President Clinton for political reasons. Ken Starr was appointed when the first special prosecutor was about to close down his investigation after finding no wrongdoing. And with him came Kavanaugh to join that immense betrayal of principle and duty, which ended in disgrace. It ruined Starr's career. Kavanaugh, who later admitted by his own words that what he participated in was gross misuse of power,...survived.

Only in this intensely corrupt right-wing environment could a man who claimed a president could not be investigated be appointed to the court by a president under investigation for many possible crimes, including what we understand to be treasonous behaviors, if not treason.

That he could now claim a president should be above the law on any basis, including "originalist" misinterpretations, is just further proof of his political extremism and intellectual lability directed to furthering his political goals.

From Business Insider: In 1998, Kavanaugh wrote extensively on the matter of impeaching a president, writing that independent counsel investigations can take "too long," easily become "politicized," and investigations can go beyond their original scope. He also seemed unconvinced that a president can even be indicted while in office.

"Whether the Constitution allows indictment of a sitting President is debatable," he said.

Over a decade later, Kavanaugh reiterated this belief in the Minnesota Law Review saying, "a serious constitutional question exists regarding whether a President can be criminally indicted and tried while in office."

He also said criminal investigations affecting a sitting president are "time-consuming and distracting" and should be deferred until after the end of a president's term.

"Like civil suits, criminal investigations take the President's focus away from his or her responsibilities to the people. And a President who is concerned about an ongoing criminal investigation is almost inevitably going to do a worse job as President," Kavanaugh wrote.

Cosmocat

(14,561 posts)
8. IOKIYAAR
Tue Jul 10, 2018, 06:40 AM
Jul 2018

His moral, legal belief malleability is prototype for the Modern Day quote conservative on quote. What they think is the law, regardless of how insane it is. All his opinions are just that opinions. So Shore, he participated in the Clinton Witch Hunt, then found Jesus once he started working for Republican president.

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