Kavanaugh Would Help Trump Be Able to Run for President Again
Commentary
How Badly Does The GOP Desire Kavanaugh? So Much That They'll Ignore Trump'southward Treason
Over the last ii weeks, we have witnessed President Trump act on to two of his most important constitutional responsibilities. He nominated Brett Kavanaugh to the Supreme Court, field of study to the "advice and consent" of the Senate. A twenty-four hours later, Trump jetted to Europe to act as head of state — first in a summit with NATO leaders, then in meetings with British Prime number Government minister Theresa May, and finally in an obsequious chat with Vladimir Putin.
The nomination was considered a great success, and the trip a profound embarrassment. While it may be tempting to put each do of presidential power into its own box, that would be a mistake. They are connected, and one cannot understand one without the other.
In nominating Kavanaugh, Trump selected an exquisitely prepared, exquisitely credentialed and exquisitely charming successor to Justice Kennedy. The bourgeois establishment crowed — Kavanaugh is a domicile run for them on every front, from ballgame to immigration to gun rights. The nomination was lauded fifty-fifty by some liberal members of the legal elite. The most prominent paean came from Yale Professor Akil Amar, who said that Kavanaugh's nomination was "Trump's finest hour." Supreme Court appointments are among the spoils of electoral victory, he said, and liberals could not expect anyone better than Kavanaugh from a Republican president.
Perhaps Amar would be correct in a normal moment. But this is not a normal moment, and Trump's trip to Europe illustrates why.
The trip would have been cringe-worthy if Trump had merely (!) called the European Spousal relationship a "foe," questioned the regime of our closest ally, and/or oafishly walked in front of a 90-year-erstwhile woman who happened to exist Queen.
We can all agree, can't we, that Supreme Court justices should not be appointed by an amanuensis of a foreign adversary?
Only what happened was worse, embodying perhaps the most outrageous abdication of national interests by a sitting president in our history. Trump's sycophancy toward Putin, matched with his refusal to credit the reports of his ain intelligence and justice officials about Russian election meddling, was greeted with shock and disgust across the political spectrum. Fifty-fifty some Republicans in Congress — John McCain, Jeff Bit, Paul Ryan — spoke out confronting the president.
A president who promised to Brand America Great Again instead Threw America Under the Bus.
Whether it is because of Trump's pathological narcissism (any investigation of Russia fries away at the legitimacy of his victory) or considering Putin in fact has something on Trump (is there, after all, a pee tape?), it certainly looks like he is interim as an agent of our most prominent foreign adversary. The printing conference may accept been treason in existent fourth dimension.
How does that relate to the Supreme Court date?
We now know, based on the indictments and convictions already secured by Robert Mueller'due south team, that Donald Trump won the presidency with the help of a vast blueprint of espionage and hacking on the office of Russia. Fifty-fifty given what is public so far — and we volition probably learn more before long — the perversion of democracy in such a closely contested election could very well have made a deviation in the outcome. (Trump'south margin in Pennsylvania, Michigan and Wisconsin totaled less than 80,000 votes.) Nosotros do not know yet what Trump and his minion did or knew. Just he certainly looks defensive, doesn't he?
If he won the presidency with the help of a foreign power, and he was in on it, his entire presidency is illegitimate. If he is illegitimate, so are his Supreme Court appointments. Let me say it this mode: We can all agree, can't we, that Supreme Courtroom justices should not be appointed by an agent of a foreign antagonist?
At best — at best — we are not sure whether our president is a modernistic Manchurian candidate who really won. And isn't this something nosotros should exist sure near earlier giving Trump the power to nominate someone to the Supreme Courtroom for life?
The fact that the president's campaign is under investigation is also relevant to Kavanaugh's nomination. Of the various candidates on Trump'south short listing, Kavanaugh is the nearly enamored with presidential power, having written that the president should exist protected from criminal investigations while in part. In this historic moment, when information technology is possible that the Supreme Court volition exist asked to make up one's mind whether a sitting president can be subpoenaed or criminally indicted, do you remember Kavanaugh's fawning for presidential power caught Trump'southward attending? You betcha.
The Senate should wait to vote on Kavanaugh until we can be certain Trump'south entire presidency is not illegitimate because of espionage, conspiracy, collusion and -- yes -- treason.
In fact, Kavanaugh'due south nomination is itself circumstantial show that Trump is worried about impeachment and possible criminal exposure. Shouldn't we expect to ostend a potential justice whose very nomination could be construed equally testify of Trump'due south guilt? Can't we agree that presidents under such a deject of suspicion should not be able to appoint a justice who is probable to exist asked to counterbalance in on whether presidents can exist held accountable for such treachery?
These are questions that advise simply ane response: The Senate should wait to vote on Kavanaugh until we tin can be certain Trump's unabridged presidency is not illegitimate considering of espionage, conspiracy, collusion and — yes — treason.
But do not concord your breath for Kavanaugh'southward vote to be delayed. The reason suggests an fifty-fifty darker link between the nomination and the Russian investigation: The GOP wants Kavanaugh so much they are willing to ignore Trump'southward possible perfidy.
We may hear sturm and drang from GOP lawmakers in the coming days. They do not want to be seen as Russian sympathizers. If they wanted to act out of patriotism and principle, some of them could say "and for these reasons we will now caucus with the Democrats." That would be a game changer. With McCain's absenteeism, the GOP has a ane-vote majority in the Senate. If a sole Republican senator chose to switch parties, committee chairs would toggle to the Democrats. Chuck Schumer would be majority leader. Trump would face up a counterbalancing power in Congress, and Senate committees — armed with subpoena power — could begin to investigate the depths of our national disgrace. The work of repairing the harm done by Russian interference could begin in earnest.
But Kavanaugh would likely be the price of such a switch, and that's a bridge as well far. They will allow the possibility that Trump conspired with a foreign power, every bit long as they tin gain a court willing to obstruct women's right to have abortions, keep immigrants in cages, strike down environmental regulations, outlaw affirmative action, and undermine LGBT rights for the next 30 years.
When the pudding shows its proof, the GOP will let Trump bow to Putin and embarrass our allies and intelligence agencies. They'd rather have Kavanaugh.
Source: https://www.wbur.org/cognoscenti/2018/07/19/brett-kavanaugh-vladimir-putin-and-donald-trump-kent-greenfield
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