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kpete

(72,903 posts)
Thu Sep 6, 2018, 08:08 AM Sep 2018

This is a notable find. The language of the Kavanaugh opinion that Kasowitz relied on is here:

This is a notable find. The language of the Kavanaugh opinion that Kasowitz relied on is here: https://www.eenews.net/assets/2018/07/13/document_gw_02.pdf

"The President may decline to prosecute certain violators of federal law just as the President may pardon certain violators of federal law." -->

Kasowitz’s memo to Mueller from June 2017 cites a somewhat obscure bit of dicta from a Kavanaugh opinion in 2013 on the presidents ability to end a criminal investigation (it was by Kavanaugh only; the other judge in the panel majority didn’t join)






And here's the relevant part of the Kasowitz letter (as posted by the NYT in June:https://www.nytimes.com/interactive/2018/06/02/us/politics/trump-legal-documents.html#footnote-expanded-1-24 … pic.twitter.com/YAr2u9OUZe






21 replies = new reply since forum marked as read
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This is a notable find. The language of the Kavanaugh opinion that Kasowitz relied on is here: (Original Post) kpete Sep 2018 OP
Oh shit. DetlefK Sep 2018 #1
Very important malaise Sep 2018 #2
Related to Kamala Harris' questioning of K yesterday???? The_jackalope Sep 2018 #3
This must be what Sen. Harris has on him. Wonder how she's going to spring it on him? brush Sep 2018 #7
And likely sourced and authored by Judge Neil Kavanaugh Pachamama Sep 2018 #4
and would someone just ask him if he believes... Trueblue Texan Sep 2018 #5
So, the president is above the law? Baitball Blogger Sep 2018 #6
Not sure you can conclude that...the memo does not say that and does not use "any" or all Fred Sanders Sep 2018 #18
Has anybody put that question to him, point blank? calimary Sep 2018 #19
Seems like a prudent thing to do. Baitball Blogger Sep 2018 #20
Kavanaugh wrote this opinion in 2013 FakeNoose Sep 2018 #8
Garland wrote the dissenting opinion sarah FAILIN Sep 2018 #11
Right. SergeStorms Sep 2018 #21
To the greatest page you go meow2u3 Sep 2018 #9
kavanaugh is a raging authoritarian barbtries Sep 2018 #10
Download that case opinion if you can sarah FAILIN Sep 2018 #12
'splains a lot, eh? Hermit-The-Prog Sep 2018 #16
Kavanaugh is a gift for Trump sarah FAILIN Sep 2018 #17
This should be disqualifying n/t dajoki Sep 2018 #13
republican lies are dangerous for America Achilleaze Sep 2018 #14
K&R and bookmarked! smirkymonkey Sep 2018 #15
 

brush

(61,033 posts)
7. This must be what Sen. Harris has on him. Wonder how she's going to spring it on him?
Thu Sep 6, 2018, 09:48 AM
Sep 2018

Trueblue Texan

(4,536 posts)
5. and would someone just ask him if he believes...
Thu Sep 6, 2018, 08:32 AM
Sep 2018

...anyone, including the president, is above the law? Is there anyone who is exempt from accountability under the law?

Fred Sanders

(23,946 posts)
18. Not sure you can conclude that...the memo does not say that and does not use "any" or all
Thu Sep 6, 2018, 12:21 PM
Sep 2018

prosecutions. The wording is important, using the singular and not the plural.

No mention of a President pardoning themselves or of a special counsel investigation which is not a prosecution.

More smoky smoking guns in the emails than this.

FakeNoose

(41,936 posts)
8. Kavanaugh wrote this opinion in 2013
Thu Sep 6, 2018, 10:23 AM
Sep 2018

Are we supposed to believe he's backing up Obama on something?
Trump wasn't POTUS then so it can't be about him.



sarah FAILIN

(2,857 posts)
11. Garland wrote the dissenting opinion
Thu Sep 6, 2018, 10:43 AM
Sep 2018

Isn't that crazy?

It wasn't defending Obama though. It was about nuclear regulatory commission. We need to read it, the link is above.

SergeStorms

(20,684 posts)
21. Right.
Fri Sep 7, 2018, 01:34 AM
Sep 2018

Harris's question to Kavanaugh was if he discussed the Mueller investigation with anyone from Kasowitz's law firm. He couldn't have discussed it with them in 2013. Has Kavanaugh discussed the Mueller investigation with anyone from Kasowitz's law firm? Maybe she does have evidence of that. I hope so, but a decision from 2013 wouldn't have anything to do with it.

sarah FAILIN

(2,857 posts)
12. Download that case opinion if you can
Thu Sep 6, 2018, 10:46 AM
Sep 2018

The dissent is by Garland and the whole thing looks very interesting

Hermit-The-Prog

(36,631 posts)
16. 'splains a lot, eh?
Thu Sep 6, 2018, 11:36 AM
Sep 2018

More reasons for McCONnell to torpedo Garland and fast-track Kavanaugh.

Are there enough jails to house the Repugnant party?

Achilleaze

(15,543 posts)
14. republican lies are dangerous for America
Thu Sep 6, 2018, 11:06 AM
Sep 2018

republican lies are dangerous for America
republican lies are dangerous for America
republican lies are dangerous for America
republican lies are dangerous for America
republican lies are dangerous for America
republican lies are dangerous for America
republican lies are dangerous for America
republican lies are dangerous for America
republican lies are dangerous for America
republican lies are dangerous for America
republican lies are dangerous for America
republican lies are dangerous for America
republican lies are dangerous for America
republican lies are dangerous for America
republican lies are dangerous for America

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