General Discussion
In reply to the discussion: Speculation: Did Trump just make the dumbest decision of his life? [View all]Eyeball_Kid
(7,604 posts)is unconstitutional. He wrote that Congress should address the issue and write a bill designating that a president is immune from criminal prosecution until AFTER his/her term expires and s/he's no longer in office. It was/is his OPINION that sitting presidents should have any indictments deferred until after leaving public office. He did not say that indictments are unconstitutional. The clear implication in his writings is that this and related issues are not within the purview of the Supreme Court's role.
If Kavanaugh plays a political game, he'll ignore his technical reading of the Court's constitutional role and turn the issue into one in which the Court becomes an activist body for legislation. That's always possible, but getting there requires that he travel a winding and bumpy road. One of the options that is available to Committee members is to place Kavanaugh under oath, then ask him if, based upon the context of his nomination (including the compendium of his legal opinions), he will RECUSE himself from any legal disputes involving Trumpy's alleged criminal activity. That's a fair and obvious question.