Skip to content
Search AI Powered

Latest Stories

One of Donald Trump's SCOTUS Finalists Wrote About the Indictment of a Sitting President in 2009, and No Wonder Trump Loves Him

One of Donald Trump's SCOTUS Finalists Wrote About the Indictment of a Sitting President in 2009, and No Wonder Trump Loves Him
US President Donald Trump in the Roosevelt Room of the White House, in Washington, DC, on June 21, 2018. (Photo by OLIVIER DOULIERY/AFP/Getty Images)

Explains a lot.

*UPDATE: A little after 9:00pm EST, Monday, July 9, President Donald Trump nominated Brett Kavanaugh to succeed Anthony Kennedy on the Supreme Court.

The Supreme Court of the United States (SCOTUS) will have a vacancy after July 31 when Justice Anthony Kennedy officially retires. While many are asking how any potential Supreme Court nominee will vote on issues like women's reproductive rights or Citizens United, President Trump may have a different litmus test in mind.


Will his nominee allow a sitting president to be indicted?

And after his team looked into their backgrounds, Trump already knows how at least one member of his short list, U.S. Circuit Court Judge Brett Kavanaugh, feels on the subject.

In a 33 page article for the Minnesota Law Review titled Separation of Powers, Brett M. Kavanaugh discussed separation of powers and executive privilege in regards to the executive branch of the federal government. He based his suggestions on living through the administrations of President Bill Clinton and President George W. Bush, for whom Kavanaugh worked as a staff secretary.

The three branches of the federal government —executive, legislative, judicial— are designed to act as a series of checks and balances, whereby no one branch can hold sway over the others or the citizenry of the United States. It is designed to block tyranny and authoritarianism from arising and keep a dictator from rising to power in the executive branch.

However Kavanaugh believes some of those safety measures placed by the U.S. Constitution on the powers of the presidency should be eliminated because being president is super hard. Like harder than anybody else's job.

"First, my chief takeaway from working in the White House for five-and-a-half years—and particularly from my nearly three years of work as Staff Secretary, when I was fortunate to travel the country and the world with President Bush—is that the job of President is far more difficult than any other civilian

position in government. It frankly makes being a member of Congress or the judiciary look rather easy by comparison."

Because it's super hard to be president, Kavanaugh proposes the person currently in that position deserves a break from having to obey the law. Should they actually break laws while in office, they should not be bothered with the consequences all other citizens, or even members of the federal government, would face.

The first proposal in Kavanaugh's article, Separation of Powers, printed in all capital letters, is to:

PROVIDE SITTING PRESIDENTS WITH A TEMPORARY DEFERRAL OF CIVIL SUITS AND OF CRIMINAL PROSECUTIONS AND INVESTIGATIONS"

In Kavanaugh's vision for the United States, the president really could shoot someone on a crowded street and face no consequences, at least while he still remains in office. This flies in the face of numerous laws and the ability of both the courts and congress to investigate and censure or impeach the president while he is president.

But, according to Kavanaugh, a president deserves this special consideration because,

It is true that presidents carve out occasional free time to exercise or read or attend social events. But don’t be fooled. The job and the pressure never stop."

After news of Kavanaugh's unique views on presidential privilege broke, people were decidedly not in favor of his nomination to join SCOTUS and potentially decide whether the man who put him there would face prosecution.

Some suggested that Kavanaugh could still be acceptable so long as he provided a promise to recuse himself on any rulings regarding the man who gave him his job.

Others weren't very assured though based on past assurances.

And while Kavanaugh believes holding a sitting president accountable for their crimes while in office would "cripple the government", people suggested there are other things that could cripple the government too.

*UPDATE: A little after 9:00pm EST, Monday, July 9, President Donald Trump nominated Brett Kavanaugh to succeed Anthony Kennedy on the Supreme Court.

More from People/donald-trump

Donald Trump
Andrew Caballero-Reynolds/AFP via Getty Images

Trump Mocked For Accidentally Telling The Truth About His Second Term In Unintentionally On-Point Rant

It's not often that the word truth is applied to anything MAGA Republican President Donald Trump says—his constant lying about everything being a hallmark of his first and now his second term—but people are seeing the absolute honesty in a statement he made to the press on Monday.

Trump was performing another ceremony at the White House to give out awards the Trump administration made up to make it seem like they've accomplished something.

Keep ReadingShow less
Screenshot of Laura Ingraham; Rob Reiner
Fox News; Jesse Grant/Getty Images for TCM

Laura Ingraham Just Praised Rob Reiner After His Tragic Death—And MAGA Is Majorly Melting Down

MAGA fans are not happy with Fox News host Laura Ingraham, who paid tribute to famed film director Rob Reiner following his murder, shared an interview she had with him several years ago, and offered condolences to Reiner's family members.

Reiner and his wife, photographer Michelle, were murdered in their Brentwood, Los Angeles, home yesterday afternoon. Reiner's son, Nick, was charged with two counts of murder in the deaths of his parents. He faces a maximum sentence of life without parole or the death penalty, according to the Los Angeles district attorney.

Keep ReadingShow less
Michelle Obama; Rob and Michelle Reiner
ABC; Kevin Winter/Getty Images

Michelle Obama's Moving Tribute To The Reiners Was The Perfect Rebuke To Trump's Vile Post

Former First Lady Michelle Obama offered a moving tribute to director Rob Reiner and his wife, photographer Michelle, while speaking to late-night host Jimmy Kimmel, calling the late couple "decent and courageous" after President Donald Trump mocked Reiner's death in a Truth Social post.

The Reiners were murdered in their Brentwood, Los Angeles, home Sunday afternoon. Reiner's son, Nick, was charged with two counts of murder in the deaths of his parents. He faces a maximum sentence of life without parole or the death penalty, according to the Los Angeles district attorney.

Keep ReadingShow less

People Share The Unspoken Rules About Moving In With A Romantic Partner

Moving in with a romantic partner is a HUGE step.

There is never a way to know for sure if the love story is forever, but life is risk, so you risk.

Keep ReadingShow less
Gavin Newsom; Elon Musk; Vivian Jenna Wilson
David Dee Delgado/Getty Images for The New York Times; Brendan Smialowski/AFP via Getty Images; vivllainous/Instagram

Newsom Epically Rips Elon Musk Amid Clash Over Trans Kids—And Even Musk's Daughter Vivian Wilson Got In On It

On Thursday, Elon Musk—through the political action committee (PAC) he named "America"—tried to come for California Democratic Governor Gavin Newsom. For those not on social media, Newsom has been trolling the administration of MAGA Republican President Donald Trump mercilessly on Musk's X platform.

Despite Trump and MAGA both turning on Musk on more than one occasion—stating they want to denaturalize and deport him and claiming DOGE never existed—Musk decided to enter the fray.

Keep ReadingShow less