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[webfact]

Trump's Supreme Court pick touts independence, dodges questions

By Lawrence Hurley and Ginger Gibson

 

Supreme Court nominee Brett Kavanaugh testifies during the second day of his confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington, U.S., September 5, 2018. REUTERS/Joshua Roberts

 

WASHINGTON (Reuters) - Brett Kavanaugh, President Donald Trump's Supreme Court nominee, embraced the importance of judicial independence on Wednesday during his U.S. Senate confirmation hearing but sidestepped questions from Democrats about whether a president possesses the power to pardon himself or fire a prosecutor investigating him.

 

On the second day of the contentious hearing interrupted repeatedly by dozens of shouting protesters opposed to Kavanaugh, senators pressed the conservative federal appeals court judge on his views towards presidential power, abortion and gun rights.

 

Kavanaugh signalled respect for the landmark 1973 Roe v. Wade Supreme Court ruling legalizing abortion nationwide, calling it an important legal precedent that had been reaffirmed by the justices over the decades. He condemned the spate of U.S. school shootings but defended an opinion he wrote questioning whether semi-automatic rifles could be banned.

 

Trump has often criticized the federal judiciary. Some liberals have expressed concern Kavanaugh could serve as a rubber stamp for Trump and protect him from lawsuits and investigations.

 

Asked by the Judiciary Committee's Republican chairman, Chuck Grassley, whether he would have any trouble ruling against Trump or the executive branch, Kavanaugh replied, "No one is above the law in our constitutional system."

 

"I think the first quality of a good judge in our constitutional system is independence," Kavanaugh added.

 

But Kavanaugh dodged Democratic Senator Dianne Feinstein's question about whether a sitting president can "be required to respond to a subpoena," a query that could come into play as Special Counsel Robert Mueller investigates potential collusion between Trump's 2016 presidential campaign and Russia.

 

"I can't give you an answer on that hypothetical question," Kavanaugh said, noting that previous high court nominees also have avoided queries about matters that might later come before them.

 

Kavanaugh similarly sidestepped Democratic Senator Christopher Coons' question about whether he still believes, as he wrote two decades ago, that a president could fire a special prosecutor investigating him.

 

"All I can say is that was my view in 1998," Kavanaugh said.

 

Kavanaugh avoided Democratic Senator Patrick Leahy's question about whether a president has the power to pardon himself, or someone else in exchange for promising not to testify against him. Trump, in a June Twitter post, claimed "the absolute right to PARDON myself."

 

Kavanaugh declined to answer, but said, "The question of self-pardons is something I have never analysed."

 

In citing examples of judicial independence, Kavanaugh lauded a 1974 ruling ordering President Richard Nixon to hand over subpoenaed materials during the Watergate scandal and a 1954 Supreme Court ruling ending racial segregation in public schools.

 

Feinstein asked Kavanaugh about his 2009 article that concluded sitting presidents should be free from the distractions of civil lawsuits, criminal prosecutions and investigations. Kavanaugh promised a "completely open mind" if such issues came before him as a judge.

 

'GRASPING AT STRAWS'

Trump told reporters at the White House he was pleased with the hearing and said "the other side is grasping at straws."

 

If confirmed, Kavanaugh is expected to move the court, which already had a conservative majority, further to the right. Senate Democrats have vowed a fierce fight. But with Trump's fellow Republicans holding a slim Senate majority, and with no sign of any of them opposing the nomination, it remains likely Kavanaugh will be confirmed to the lifetime job on top U.S. judicial body.

 

Liberals are concerned Kavanaugh could provide a decisive fifth vote on the nine-justice court to overturn the 1973 abortion ruling.

 

Kavanaugh called the Roe decision "an important precedent of the Supreme Court that has been reaffirmed many times." He highlighted the 1992 Planned Parenthood v. Casey ruling that reaffirmed Roe, calling it a "precedent on precedent."

 

While stopping short of calling the Roe case correctly decided, Kavanaugh's remarks suggested he might be cautious towards overturning it. But that may not preclude him from joining the court's other conservatives in restricting its scope by upholding abortion restrictions enacted in conservative states.

 

Pressed by Democratic Senator Dick Durbin, Kavanaugh defended a ruling he took part in issuing an order preventing a 17-year-old illegal immigrant detained by U.S. authorities in Texas from immediately having an abortion. The ruling was later overturned and she underwent the abortion.

 

On gun rights, Feinstein pressed Kavanaugh on his 2011 dissent in an appellate ruling upholding a District of Columbia gun law banning semi-automatic rifles. Kavanaugh said such guns are covered by the U.S. Constitution's Second Amendment, which protects the right to bear arms.

 

Kavanaugh said his opinion was based on Supreme Court precedent that indicated semi-automatic weapons are in common use.

 

"Of course the violence in the schools is something we all detest and want to do something about," Kavanaugh said.

 

Kavanaugh declined to comment on how he would approach a challenge to a provision of the Obamacare healthcare law barring insurance companies from declining coverage for people with pre-existing medical conditions, an issue that is the subject of a lawsuit pending in Texas.

 

He differed with a White House characterization of his record on government regulations. The White House has said Kavanaugh "led the effort to rein in unaccountable independent agencies" and his rulings against environmental and consumer protection regulations. Kavanaugh said he also has upheld many government regulations over the years.

 

Trump picked Kavanaugh, 53, to replace Justice Anthony Kennedy, who announced his retirement in June.

 

(Reporting by Lawrence Hurley, Ginger Gibson, Steve Holland and Amanda Becker; Editing by Will Dunham)

 

-- © Copyright Reuters 2018-09-06

[Boon Mee]

"Grasping at Straws" is certainly the optimum phrase here. 

[klauskunkel]

3 hours ago, webfact said:

Trump, in a June Twitter post, claimed "the absolute right to PARDON myself."

Kavanaugh declined to answer, but said, "The question of self-pardons is something I have never analysed."

I analyzed it and wrote a paper on the subject. Here it is:

"It's wrong."

[Tug]

Wait till after the midterms or review all the paperwork what’s the hurry oh I forgot Donald needs protection 

[tigermoth]

The USA, once respected and admired by all its allies has now become the laughing stock and the government and the president thought of as a bunch of squabbling idiots who have lost all sight of who they are supposed to be, both republicans and democrats.

[Jonnapat]

6 hours ago, tigermoth said:

The USA, once respected and admired by all its allies has now become the laughing stock and the government and the president thought of as a bunch of squabbling idiots who have lost all sight of who they are supposed to be, both republicans and democrats.

Hallelujah to that

[sqwakvfr]

As a citizen of the Laughing Stock nation I can say the USA can now cut off all foreign assistance and close all overseas military bases.  Why would any worthwhile nation or any nation that aspires to be a worthwhile take money from a laughing stock?  Also, some US Allies never respected the USA.  The USA has been in some circles has been viewed as a "necessary evil" to combat bigger "evils".  

[Trouble]

While the title of the article claims he dodged questions, what he did was actually avoid answering stupid hypothetical questions put to him by stupid Senators. For him to try and give answers to rather rudimentary questions would in no way do justice to any legal issue raised.  Seems to me he is rather a sharp guy and appears to be quite reasoned in his thought processes and knowledge of the constitution and legal precedents. How could anyone answer the question of whether a president can pardon himself without digging into the the constitution and relevant laws.  It would be as stupid of him to try and answer the question as it was stupid to ask the question. 

[Bluespunk]

19 hours ago, webfact said:

Brett Kavanaugh, President Donald Trump's Supreme Court nominee, embraced the importance of judicial independence on Wednesday during his U.S. Senate confirmation hearing but sidestepped questions from Democrats about whether a president possesses the power to pardon himself or fire a prosecutor investigating him.

Good puppy...now roll over for a tummy rub. 

[Nyezhov]

So I see the fact that the dude is giving the exact same answers as every other nominee has is simply the reason another bash Trump and/or America thread.

 

Carry on. Xeixei. 

[MajarTheLion]

This article is just more sour grapes from the leftist media. Poor Kamala Harris, she really made a fool of herself. She expected Kavanaugh to know if he talked to people from a certain firm about a certain issue? LAME. FAIL.

 

And the  protesters? Wow, is that supposed to attract rational voters to the Democratic party? Seriously?

 

It's time for liberals to remember and digest the words of one of their best and brightest: "elections have consequences."

 

Supreme Court Justice Brett Kavanaugh. Get used to it, liberals. These theatrics aren't going to help you one bit when it comes time to face reality.

[bristolboy]

If anything is proof of the fake populism of Trump it's his nominatons to the Supreme Court. Kavanaugh is anti-labor, anti-consumer and pro-big business. Probably even further to the right than Gorsuch.