Tuesday, 11 Dec 2018

Kavanaugh’s newspapers offer new clues to his views on executive power

Judge Brett M. Kavanaugh's Opinions on Race, Executive Privilege and Whether the Supreme Court Ruled Correctly by Requiring President Richard Nixon to Deliver the Watergate Tapes Are All Contained in a Senate Briefing Kit Saturday .

In a questionnaire issued by the Senate Judiciary Committee, the candidate of President Trump, who replaces incumbent judge Anthony M. Kennedy, even reveals that he dropped the vote when he went to the polls. is joined to the US Court of Appeals for the DC Circuit more than ten years ago. and their employees are now beginning to sift through the 120-page questionnaire and thousands of pages of vouchers.

One question that draws attention is the questioning of Kavanaugh in 1999 on the unanimous decision of the Supreme Court in 1974

At a round table of lawyers discussing the solicitor-client privilege, Kavanaugh said that perhaps the "decision was wrongly decided – heresy though that is to say it."

The decision "removed the power of the president to control information in the executive branch by holding that the courts had the power and jurisdiction to order the president to disclose information in response to a summons requested by an official subordinate executive, "said Kavanaugh.

"This was a big step with implications so far that most people do not appreciate it enough … The discussion was first reported by the Associated Press. 19659007] The question now seems relevant in the investigation of the special adviser Robert S. Mueller III on the interference of Russia in the US elections and if he could seek the testimony of the president.

Also in the documents is a timeline for the process by which Trump chose Kavanaugh.Kavanaugh interviewed Donald McGahn, White House advisor, two days later, then with Trump and later Vice President Pence.

The morning before Trump said that he would make his decision, Trump again called Kavanaugh, and again that evening

"I met with President Trump and Mrs. Trump at the White House. During this meeting, the President proposed the nomination and I accepted.

Kavanaugh's recount is part of more than 6,000 pages of documents that he handed to the senators who will decide his confirmation. A large number of articles deal with more than 2700 cases that he has encountered as a member of the court of appeal.

But he also details life as a member of the Washington elite: Joining two of his most affluent clubs Charities distributing meals to the homeless and views on all sorts of Legal and Public Policies, Including Voting

Although he is a registered Republican in Maryland, Kavanaugh notes in a speech at the Catholic University published in the school law journal in 2016, "some judges do not even vote, on the theory that voting is a solemn expression (at least for you) of your political and political affiliation. ] He noted that Supreme Court Justice John Marshall Harlan II was one. "I am not Judge Harlan, I will be the first to point this out, but after a short time as a judge, I chose to follow his example."

Montgomery County Ballots indicate that Kavanaugh voted in the 2006 general election

His written opinions in over 300 cases will give ample opportunity to senators to question him, as well as a whole series of speeches and d & # 39; articles of law. Among them:

● Judicial independence. In a 2015 speech, he said that his work at the George W. Bush White House gave him a "BS detector". It helps, he said, "when judges need to show strength and strength, the judiciary must stand up to the president and not be intimidated by the mystique of the presidency."

● Power executive. In a speech reissued in 2014 in the Notre-Dame Law Review, Kavanaugh said, "Everyone agrees that the power of forgiveness gives the president absolute power, unimpeded and unencumbered to forgive. to every offender any federal law. Obviously, there are political controls against that, or against the arbitrary use of the power of rehabilitation. But in terms of gross constitutional power, it's the power of the president.

● The removal of President Bill Clinton Kavanaugh was a trusted lieutenant of independent lawyer Kenneth W. Starr, but he stands out from the publication of some of the salacious details of the Clinton affair with Monica Lewinsky

"This is a matter of continuing controversy," writes Kavanaugh, the questionnaire. "As I have stated publicly before, I regret that the House of Representatives did not deal with the report. in a manner that would have prevented public disclosure of sensitive details in the report. . . or, if it is not the case, that the report has not further dissociated certain sensitive details. "

● Race.Kavanaugh wrote an amicus memoir in 1999 in which he argued that it was unconstitutional to restrict non-native Hawaiian people to vote for office administrators. The Supreme Court agreed that race could not be used as a voting requirement.

Kavanaugh, in private practice at the time, was quoted in an article in the Christian Science Monitor saying: "This case is a further step in seeing as an inevitable conclusion in the next 10 to 20 years when the court says we are all a race in the eyes of the government."

invited to name his 10 most important decisions, Kavanaugh chose nine "because the position expressed in my was later adopted by the Supreme Court." He said that only one opinion was overturned by the judges.

The 10th case on his list was one that was not raised "

Placide Ayissi-Etoh was fired by Fannie Mae after filing a complaint for discrimination, alleging that a senior officer Company had, among other things, other things, use of a racial insult in a comment to him. A lower court ruled for Fannie Mae.

But Kavanaugh's Court of Appeal panel is reversed, and Kavanaugh wrote separately to say that "to call someone the n-word, even once, creates an environment of hostile work. My opinion explained: "No other word in the English language so strongly or instantly recalls the long and brutal struggle of our country to overcome racism and discrimination against African Americans."

Kavanaugh spent relatively little time in private practice. At law firm Kirkland and Ellis, he said he's represented clients such as Verizon, AOL, General Motors and Morgan Stanley.

But on pro bono issues, he showed different interests. He represented the American parents of Elián González, the Cuban boy whose struggle to stay in this country has become a national controversy. He wrote a friendly memoir supporting the successful battle of a Christian group to utilize public school facilities.

Kavanaugh knows first-hand the struggles of a confirmation process – his nomination trip to confirmation at the court of appeal took three years. He has regularly denounced the process and says that he thinks that a candidate deserves a vote within 180 days.

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

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