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Kavanaugh papers provide new clues to his views on executive power



Judge Brett M. Kavanaugh's views on race, executive privilege and whether the Supreme Court has correctly ruled to oblige President Richard Nixon to turn over the Watergate tapes are all contained in a wealth of material handed over to the Senate on Saturday ,

In a questionnaire published by the Senate Judiciary Committee, President Trump's nominee to replace retired Justice Minister Anthony M. Kennedy even announces that he has given up voting when he served the US Court of Appeals over a decade ago joined.

Senators and their associates are now beginning to sift through the 1

20-page questionnaire and thousands of pages of accompanying documents.

An interview that will surely attract attention is Kavanaugh's questioning in 1999, whether the unanimous decision of the Supreme Court in 1974 led to the resignation of Nixon ruled correctly.

At a roundtable discussion about lawyers discussing attorney
client privileges, Kavanaugh dared to do so. The Supreme Court's ruling "was erroneously decided – heresy, though it is to be said so."

The decision "took the president's power to control information in the executive, stating that the courts had power and jurisdiction President to disclose information in response to a subpoena made by a subordinate executive officer was searched for, "Kavanaugh said.

"This was a huge step with implications for this day that most people do not appreciate enough … Perhaps the tension of the times has led to a wrong decision." The discussion was first reported by the Associated Press.

The problem now appears in the study of Robert S. Müller III. To be concerned about the Russian interference in US elections seek a testimony from the president.

Also in the documents is a timetable for the process by which Trump chose Kavanaugh. He said he was contacted within hours of Kennedy's resignation from last month, signaling he was a favorite.

Kavanaugh interviewed Donald McGahn two days later with the White House lawyer, then Trump and later Vice President Pence. Tomorrow, before Trump said he would make his decision, Trump called Kavanaugh again. And again this evening.

"I met with President Trump and Mrs. Trump at the White House, during which the President offered me the nomination and I accepted."

Kavanaugh's report is part of more than 6,000 pages of documents he sent to Senators who will decide on his confirmation. Many of the articles refer to the more than 2,700 cases he has experienced as a member of the Appeals Tribunal.

But he also describes life as a member of the elite of Washington: He joins two of his best country clubs, his volunteer work for Catholic charities distributing meals to the homeless, and views on all sorts of legal and public policies, including voting ,

On the latter topic, he says that he does not.

Although he is a registered Republican in Maryland, Kavanaugh in a speech at the Catholic University, published in the 2016 law review of the school, noted that "some judges do not even vote, according to the theory that voting is a serious expression (at least for you) your political or political affiliation and your beliefs. " [19659017] He noted that Supreme Court Justice John Marshall Harlan II was one. "I'm not a justice Harlan, I'll be the first to emphasize this, but after a short time as a judge, I decided to follow his lead."

Montgomery County electoral evidence indicates that Kavanaugh had last voted in the 2006 general election, approximately at the time he joined his court.

His written statements in more than 300 cases will question the senators profusely, as well as a series of speeches and articles on the legal review. Among them:

● Judicial independence. In a speech in 2015, he said that his work in the White House of George W. Bush gave him a "BS detector". That helps, he said, "if the judges need to show some backbone and strength, in those cases as independents the judiciary must face the president and not be intimidated by the mystique of the presidency."

● Executive Power. In a speech made at the Notre Dame Law Review in 2014, Kavanaugh said: "Everyone agrees that the power of pardon gives the President absolute, unrestricted and uncontrolled power to pardon any violator of a federal law or against the arbitrary use of the pardon force, but in terms of raw constitutional power, that is the power the president has. "

● The impeachment of President Bill Clinton. Kavanaugh was a trusted lieutenant of independent consultant Kenneth W. Starr, but he distances himself from publishing some of the salacious details of Clinton's affair with Monica Lewinsky.

"This is a matter of ongoing controversy," Kavanaugh writes of the questionnaire. "As I have said publicly, I regret that the House of Representatives did not treat the report in such a way that the sensitive details in the report would have remained public disclosure … or, if not, that the report did not continue certain sensitive details separates. "

● Race. Kavanaugh wrote an Amicus letter in 1999, arguing that it was unconstitutional to prevent people who are not native Hawaiians from voting for trustees of the Office of Hawaiian Affairs. The Supreme Court agreed that race could not be used as an elective.

Kavanaugh, at this time in private practice, was quoted in an article by the Christian Science Monitor: "This case is another step on the road to seeing it as an inevitable conclusion within the next 10 to 20 years, if the court says so that we are all a race in the eyes of the government. "

When asked about his 10 most important decisions, Kavanaugh selected nine," because the position in mine was The Opinion (either for the court or in a separate script) later adopted by the Supreme Court. "He said that only one opinion was reversed by the judges.

The tenth case on his list was one that did not go up to court, but Kavanaugh said he said "because of what it says about anti-discrimination law and American history."

Placide Ayissi-Etoh was fired by Fannie Mae after he filed a discrimination complaint alleging that a business leader had other things, using a racial fraud in a comment to him. A court ruled Fannie Mae.

But Kavanaugh's appeals court reversed, and Kavanaugh wrote separately to say, "If you call someone the N-word, it even creates a hostile work environment." My opinion stated, "No other word in the English language reminds me so powerful or immediate in the long and brutal struggle of our country to overcome racism and discrimination against African Americans. "

Kavanaugh spent a relatively short time in private practice, and at the law firm of Kirkland and Ellis, he represented clients such as Verizon, AOL General Motors and Morgan Stanley.

But in pro-bono affairs he showed other interests, representing the American relatives of Elián González, the young Cuban boy whose struggle in this country became a national controversy Amicus letter, the successful fight of a Christian group in the Supreme Court for the use of public school supported.

Kavanaugh knows first hand the struggles of a confirmation process – his journey from nomination to confirmation to the Court of Appeal lasted three years. He regularly denounced the trial and said he believes a candidate earns a vote within 180 days.

Emma Brown, Michael Kranish, Robert O'Harrow, Beth Reinhard, Hamza Shaban, and Felicia Sonmez all contributed to this report.


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