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Top Supreme Court prospect has argued presidents should not be distracted by investigations and lawsuits



U.S. Circuit Judge Brett M. Kavanaugh, a former Supreme Court Justice Anthony M. Kennedy, who is regarded as one of the leading contenders for him, has argued that presidents should not be distracted by civil suits, criminal investigations or even questions from a Public Prosecutor or Defense Counsel During His Term

Kavanaugh had direct personal experience that informed his article for the Minnesota Law Review in 2009: He assisted in the investigation of President Bill Clinton as part of Kenneth W. Starr's team and then served for five years as a close advisor to President George W. Bush

After watching the weighty issues that could engulf a president, Kavanaugh wrote, "the nation's boss should be freed from 'time-consuming and distracting' lawsuits and investigations that" ill "To serve the public interest, especially in times of financial or national security crises. "

If a president was really malicious, Kavanaugh's (1

9659-05) Kavanaugh's position that presidents should be free from such legal investigations until their departure puts him on a subject of great interest to Trump is – and could be a focal point of his hearing if Kavanaugh was nominated for succeeding Kennedy, legal experts reported.

The president faces several legal challenges, including a lawsuit by Summer Zervos, a former reality show candidate Earlier this month, New York's Supreme Court denied Trump's attempt to reverse the discovery in the lawsuit, paving the way for the president's removal.


Kavanaugh appears before the Senate Judiciary Committee in 2004. The Democrats postponed his appointment to the Bundesbank for three years, calling him too partisan. (19659008) [ New York's Supreme Court denies Trump's attempts to stop Zerwos' defamation lawsuit]

At the same time, Special Adviser Robert S. Mueller III is in an altercation with Trump's lawyers requesting the President for his investigation of Russia's involvement in the 2016 campaign – a fight that could end before the Supreme Court.

If Kavanaugh is the candidate, "this becomes a very central topic of questions from members of the Senate," said Stephen Vladeck, a professor of constitutional law at the University of Texas School of Law. "He's a staunch supporter of the executive, and the only question is how far he would go in cases that truly test whether this theory is limited."

Akhil Reed Amar, a professor of constitutional law at Yale University and a friend of Kavanaugh said his views were "out of the mainstream or eccentric."

"But it could appeal to a president who strongly believes in the power of the president because Brett Kavanaugh is the power of the president very much appreciates and respects, "said Amar.


Then Bush Secretary Kavanaugh deals with Presidential Adviser Karl Rove in 2004. (Paul J. Richards / AFP / Getty Images)

Kavanaugh declined to comment.

Trump said on Friday he has reduced his list of finalists from the Supreme Court to five candidates, including two women, and plans to announce his nominee on July 9. Kavanaugh is one of the candidates, a White House adviser said Friday.

The 53-year-old judge was not on Trump's original list of the Supreme court Candida During the election campaign, the White House was released, but the White House added its name in the fall – a move some believed Kennedy would join Feel good at retirement.

Kavanaugh worked for Kennedy in 1993 and remains close to the judiciary. A friend who was with both men a few weeks ago and asked for anonymity to describe a private meeting said that they did not discuss the possibility of Kennedy's resignation, but it was obvious they had deep personal respect for each other ,

Friends describe Kavanaugh as down-to-earth and accessible.

"Although he has Ivy League credentials and a sly job, he is a normal, all-American type," said Helgi Walker, a Washington litigation lawyer, with Kavanaugh in the White House office during the Bush administration. "He likes playing basketball and drinking beer … It's very refreshing in a city like Washington."

But the judge has also spent much of his career in the trenches of some of the country's most polarizing political struggles. Democrats who said he was too partisan delayed his nomination for three years on the Bundesbank.

After graduating from Yale Law School and completing three faculties, he played a key role in investigating Clinton. He initiated an investigation into the death of Clinton's White House advisor, Vincent Foster, who committed suicide on a George Washington Parkway route. He worked as Associate Counsel in Starr's office and was the co-author of the part of the Independent Counselor's report – which focused on Clinton's relationship with the White House trainee Monica Lewinsky – which highlighted the possible grounds for dismissal.

Clinton had denied having had sexual relations with him Lewinsky in a Paula Jones lawsuit, which sued him for sexual harassment. Starr's report cited this statement as false.

In the Minnesota Law Review article, Kavanaugh briefly wrote that he "worked for Judge Starr", operating under a "badly flawed" law, "particularly to the extent that it allowed civil suits against presidents, while the president

Despite his own role in the Starr report, Kavanaugh suggested that Clinton was treated badly by responding to the Jones lawsuit. He said that the Supreme Court could be "quite right" in saying Clinton must respond to the lawsuit, he said, Congress may have been "smart" in allowing the lawsuit to be postponed, while Clinton president was the president should focus on the vital tasks for which he was chosen.

Kavanaugh admitted in the article that postponing such cases may raise concerns about whether a president is above the law and whether or not an "unlawful president" will get away with it, but he rejected such concerns by: he said that a president could be charged in this case.

Kavanaugh served under Bush for five years, including two years in the White House office and three years as a staff secretary, enabling him to "Job and pressure never cease

Bush nominated Kavanaugh for the Bundesbank in 2003.

The Democrats attempted to block his ratification by citing his work on the Starr Report and his term in the Bush White House.

It was only confirmed in 2006 by a vote of 57 to 36. At that time, then-Senator Edward M. Kennedy said, Kavanaugh "would have been the youngest, a least experienced and Partisan court-appointed partisan. "

When Kavanaugh was sworn in during a rose garden ceremony, Kennedy took the oath

Since then, Kavanaugh has made nearly 300 statements to the US Court of Appeals for the DC Circuit over its dozen years often he supports the power of the president and urges the restraint of the government bureaucracy.

Kavanaugh "has been very aggressive and would transfer a lot of power to the President and deny the authorities a lot of power," said Lisa Heinzerling, a law professor at Georgetown University who was a senior environmental protection official during the Obama administration.

A series of Kavanaugh's views fit perfectly with Trump's thinking.

Kavanaugh was a leading defender of the government's position when it came to prosecution Terrorism suspects were suspected by military commissions and international He declared the structure of a consumer regulator unconstitutional and found that they were a "single, unrepresented, unimpeded director" too much control in a decision reversed earlier this year by his colleagues.

When the court he serves allowed a pregnant immigrant juvenile in federal custody to access abortion services, Kavanaugh disagreed, saying that the majority had created a new right for undocumented minors to "immediate abortion on demand". And in one of many challenges to arms control laws in the nation's capital, Kavanaugh said he had defeated the city's regulations, which prohibit certain semi-automatic long weapons.

The DC Circuit often reviews high-profile, politically charged cases involving the separation of powers and state regulations, and is viewed as a sort of pipeline to the Supreme Court. Chief Justice John G. Roberts Jr. and Judge Ruth Bader Ginsburg, Clarence Thomas, and the late Antonin Scalia all served on the bench before being drafted into the Supreme Court.

The current Chief Justice, one of Kavanaugh's colleagues, is Merrick B. Garland, who was appointed by the Obama Supreme Court in 2016 but blocked by Senate Republicans

In the heat of the legal battle, Kavanaugh described him at a public event as "highly qualified" for the Supreme Court and – without He told the Senate how he should behave – the proposed legislators finally came to a new confirmation process.

Robert Barnes, Alice Crites, Philip Rucker and Julie Tate contributed to this report.

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