Kavanaugh’s Finest Hour

The New York Sun | 7/10/2018 | Staff
Senator Chuck Schumer says he knows why President Trump ended up picking Judge Brett Kavanaugh for the Supreme Court. Mr. Schumer, according to the dispatch in the New York Post, is “worried” about Special Prosecutor Robert Mueller’s probe and reckons Judge Kavanaugh would be a “barrier” to the investigation. All we can say is that if it’s true, it’s the best of the many wonderful things people are saying about Judge Kavanaugh.

INDEPENDENT STREAK: Senator Schumer is worried that President Trump's nominee to the Supreme Court, Judge Kavanaugh, might side against Special Counsel Robert Mueller. If Judge Kavanaugh does so, it would be for good reason, for he once cited as precedent Justice Antonin Scalia's dissent in Morrison v. Olson that cast into question the very idea of an independent prosecutor.

Judge - Thick - Fight - Powers - Concept

The judge has certainly been in the thick of the fight to defend separated powers, which are so threatened by the very concept of independent (and special) counsels. Since the presidency of Richard Nixon, these extra-constitutional prosecutors have been used to harry the president, more often, it has seemed, Republicans. Abuses by such prosecutors and independent regulators, have, in our view, precipitated a crisis over separated powers as a foundation of our freedom.

Judge Kavanaugh gets this down to the ground. That may have something to do with the fact that he worked for the office of the independent counsel. That was back in the 1990s, when the independent counsel was Kenneth Starr. We view Judge Starr as a fine, high-integrity individual. Nonetheless we opposed his pursuit of President Clinton. Our view was — and is — that no prosecutor can target a president. That is impeachment, a power that belongs solely to the House.

Supreme - Court - Case - Morrison

The Supreme Court has so far been weak on this. In the 1980s, in a case called Morrison...
(Excerpt) Read more at: The New York Sun
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