General Discussion
In reply to the discussion: Speculation: Did Trump just make the dumbest decision of his life? [View all]Hoyt
(54,770 posts)There was a great discussion on Maddow last night by some liberal attorneys.
Here's another article:
"Properly understood, Kavanaughs expressed views actually support the opposite conclusion: that the president can be investigated and maybe even indicted unless Congress passes a law saying he cant which Congress has not done."
"The key texts here Kavanaughs 2009 article in the Minnesota Law Review and his 1998 article in the Georgetown Law Journal. . . . . .
"Now comes the tricky part. In 2009, Kavanaugh proposed that Congress might pass a law that would protect the president from investigation and indictment while in office. Thats the part that some Democrats are focusing on now because Kavanaugh was saying that he thought it was a bad idea to go after the president.
"But from a legal and constitutional perspective, Kavanaugh wasnt saying that the courts should find that the president shouldnt be investigated or indicted. To the contrary. He was saying that Congress should pass a law ensuring that result, because without it, the president was open to being investigated and maybe even indicted. . . . . . . ."
https://www.bloomberg.com/view/articles/2018-07-10/supreme-court-brett-kavanaugh-doesn-t-give-president-trump-cover
To be sure, Kavanaugh could do a 180 if the case were presented to the Court, but he'd either have to dance or admit he's a liar, which probably wouldn't shame him.
I actually believe that sitting Presidents should be subject to Impeachment, and indictment for rape, murder, treason, assault, etc. However, I'm not sure they should be subject to civil and criminal cases of a lesser nature while in office. Their position is so important that some degree of diplomatic immunity makes sense. I'd love to see trump perp-walked for jaywalking or whatever, but it will trap a Democrat someday too.