Brett Kavanaugh, the nominee least likely to support Trump’s indictment, was nominated by the same Trump who attacks FBI/Justice Department/Mueller’s “witch hunt,” and dangles pardons to potential witnesses. Kavanaugh was chosen precisely because he’ll shield Trump from accountability for his crimes and ignore excessive assertions of executive authority and blatant disregard for separation of powers.
Kavanaugh believes Constitution gives the president direct, unbridled control over every instrument of executive power (unitary-executive theory), requiring courts to actively rein in “administrative state.” He believes:
- the president can’t be indicted — only impeached— for criminal acts
- presidents have wide latitude to hire/fire special counsels/ALJs/executive department heads
- while president, excused from burdens of ordinary citizenship, like responding to civil lawsuits/criminal investigations
- presidents need not enforce statute believed unconstitutional
The next Supreme Court will likely decide key legal/constitutional issues concerning Trump and his scandals:
- Should sitting president be immune from criminal processes, such as investigation and indictment?
- Is special counsel constitutional? Can Trump fire him?
- May pending civil lawsuits proceed? What about emoluments cases?
Kavanaugh’s confirmation almost guarantees Trump’s possible complicity in Russian cyberattacks on democratic process won’t be exposed or punished. To save our democracy from would-be Emperor Trump, we must stop this nomination.
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“My name is [–] and I’m a constituent from [city], Oregon [zip code]. I am calling to thank you for your continued opposition to the nomination of Brett Kavanaugh. As a nation, we cannot afford to have him on the Supreme Court, where he’ll likely push to shield Trump from accountability for his corruption and crimes. Please keep up your efforts to obtain all his records — especially those from his time as staff secretary to President Bush where he honed his unitary-executive theory — and to defeat his nomination. Thank you.”
- Sign up for a calling shift to #SaveSCOTUS with Indivisible Guide. Call key voters in Arizona, Mississippi, Nevada, Tennessee and Texas and help them tell their Senators to vote No on Kavanaugh https://www.indivisible.org/save-scotus/
- Help take back the Senate and adopt a vulnerable blue senator in a red state. Bring to their attention Red State Democrats Have No Good Reason to Vote for Brett Kavanaugh. Do something every month to help their election. roadto2018.com
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