Brett Kavanaugh’s Radical View of Executive Power


Professor Corey Brettschneider wrote an op-ed in Politico regarding Brett Kavanaugh’s views of presidential power.

Kavanaugh seems to hold dangerous views about executive power, views that could undermine special counsel Robert Mueller’s inquiry, ultimately shielding Trump from a criminal investigation. Indeed, Kavanaugh’s writing suggests that, as a justice, he might reject important Supreme Court case law and support the president’s right to refuse to turn over evidence to Mueller’s team. He might also hold that a president can refuse to answer questions in a criminal investigation. In other words, if Kavanaugh is appointed, Trump could have newly found constitutional privileges to undermine Mueller’s investigation.

Read the full op-ed.


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