Un-fucking-suitable.
http://www.chicagotribune.com/news/...andidate-brett-kavanaugh-20180629-story.html#
Top Supreme Court prospect has argued presidents should not be bothered by probes, lawsuits
US Circuit Judge Brett Kavanaugh, a former clerk for
Supreme Court Justice
Anthony Kennedy who is viewed as one of the leading contenders to replace him, has argued that presidents should not be distracted by civil lawsuits, criminal investigations or even questions from a prosecutor or defense attorney while in office.
Kavanaugh had direct personal experience that informed his 2009 article for the Minnesota Law Review: He helped investigate President
Bill Clinton as part of independent counsel Kenneth Starr's team and then served for five years as a close aide to President
George W. Bush.
Having observed the weighty issues that can consume a president, Kavanaugh wrote, the nation's chief executive should be exempt from "time-consuming and distracting" lawsuits and investigations, which "would ill serve the public interest, especially in times of financial or national security crisis."
If a president were truly malevolent, Kavanaugh wrote, he could always be impeached.
Kavanaugh's position that presidents should be free of such legal inquiries until after they leave office puts him on the record regarding a topic of intense interest to
Donald Trump— and could be a central focus of his confirmation hearing if Kavanaugh were nominated to succeed Kennedy, legal experts said.
The president is facing several legal challenges, including a civil defamation lawsuit filed by Summer Zervos, a former contestant on his reality show, "The Apprentice," who has said Trump groped her. Earlier this month, New York's highest court rejected Trump's attempt to halt discovery in the suit, paving the way for the president to be deposed.
At the same time, special counsel Robert Mueller III is in a standoff with Trump's lawyers over his request to interview the president for his investigation into Russia's interference in the 2016 campaign — a fight that could end up before the Supreme Court.
If Kavanaugh is the nominee, "this will be a very central topic of questions from members of the Senate," said Stephen Vladeck, professor of constitutional law at the University of Texas School of Law. "He is a staunch defender of executive prerogative. The question is just how far he would go in cases really testing whether there is any limit to that theory." [snip]
But the judge has also spent much of his career in the trenches of some of the country's most polarizing political fights.
Democrats who said he was too partisan delayed his nomination to the federal bench for three years.
After graduating from Yale Law School and completing three clerkships, he played a key role in investigations of Clinton. He led an inquiry into the death of Clinton's White House counsel, Vincent Foster, who committed suicide in a wayside of the George Washington Parkway. Working as associate counsel in Starr's office, he co-wrote the portion of the independent counsel's report that focused on Clinton's relationship with White House intern Monica Lewinsky, which outlined the possible grounds for impeachment. [snip]
Notwithstanding his own role in the Starr report, Kavanaugh suggested that Clinton was ill-served by having to respond to the Jones lawsuit. He said that while the Supreme Court "may well have been entirely correct" in saying that Clinton had to respond to the lawsuit, he said Congress may have been "wise" to allow for a deferral of the lawsuit while Clinton was president to "allow the President to focus on the vital duties he was elected to perform."
Kavanaugh acknowledged in the article that, in deferring such cases, concerns might be raised about whether a president is above the law and whether a "lawbreaking President" might get away with something. But he dismissed such concerns by saying a president in that instance could be impeached.
Kavanaugh went on to serve for five years under Bush, including two years in the White House Counsel's Office and three years as staff secretary, which enabled him to see firsthand that "the job and the pressure never stop," he wrote in the 2009 article.
Bush nominated Kavanaugh to the federal bench in 2003.
Democrats tried to block his confirmation, citing his work on the Starr report and his tenure in the Bush White House.
It wasn't until 2006 that he was confirmed by a vote of 57-to-36. At the time, then-Senator Edward Kennedy said Kavanaugh "would be the youngest, least experienced and most partisan appointee to the court in decades." [snip]
Kavanaugh "has taken a very aggressive approach and would transfer a great deal of power to the president and withhold a good deal of power from administrative agencies," said Lisa Heinzerling, a
Georgetown University law professor who was a high-level Environmental Protection Agency official during the Obama administration.
A number of Kavanaugh's opinions fit squarely into Trump's thinking.
Kavanaugh has been a leading defender of the government's position when it comes to prosecuting terrorism suspects through military commissions and takes a dim view of international law. He declared unconstitutional the structure of a consumer watchdog agency, finding that it gives too much executive control to a "single unaccountable, unchecked director," in a decision reversed earlier this year by his colleagues.
[snip]