Judge Brett Kavanaugh should be disqualified simply for the fact that he can’t even appear intelligent in hiding his opinions. He repeatedly excused himself from answering questions by refusing to respond to hypotheticals, which I’m actually quite surprised that no one pointed out was the actual job of the Supreme Court. The highest court in the land is supposed to judge laws not only based on the facts of the case, but also on the precedent it would create, the hypotheticals. This is why being a Supreme Court justice is a highly political position. So for a nominee to refuse to answer whether a sitting president could be indicted on a crime based on the fact that the question is a hypothetical, seems like an abandonment of what a judge is required to do as well as a demonstration of disrespect to the hearing process.
I really admire Sen. Kamala Harris cornering him when he asked him whether he has discussed Robert Mueller’s investigation with any of Trump’s lawyers. His long equivocation in asking for specific lawyers’ names which eventually descended to an “I can’t recall” which the next day evolved into a “no,” is a glaring signal that this person is hiding things. Heck, the fact that there are documents hidden from members of the committee and public should disqualify him immediately. If it walks and talks like a shady and dishonest character, it probably is a shady and dishonest character.
And really, trying to explain to a room full of lawmakers repeatedly what a precedent means is amateur hour, not to mention condescending. It is Kavanaugh’s inartful attempt of wasting time.
As for the question of whether a sitting president could be indicted. Kavanaugh was part of the team that tried to bring down Bill Clinton during the Monica Lewinsky scandal. He asked the most personal and nonsensical questions regarding the affair. Back then, a president could not lie to save his reputation or his marriage, otherwise he should be impeached. Now that Trump is president, Kavanaugh is equivocating whether he could be indicted for more serious crimes. No one living in a democracy should allow for a president not to be indicted for crimes. That is what a democracy is. Obama should not be allowed to murder his chef the same way Trump should not be allowed to behead Stephen Miller without being prosecuted. Presidents are not kings; they are not above the law. The only question is whether it should be done while the president is in office or not, and whether Congress would impeach him and begin criminal prosecution.
In my opinion, despite all of this, I think Kavanaugh will be installed as a Supreme Court Justice. Republicans have the votes and their opposition is far too weak to stop his confirmation. There are simply no heroes among the Republicans, and no strong leadership among the Democrats. I really hope I’m wrong, because if Trump became president through several criminal acts (collusion, campaign finance violation, etc.), why would he be allowed to nominate an arbiter who would ultimately decide whether he could be indicted for crimes in an office which he gained through criminal means. It’s a turducken of legal fucked-up-ness.
BTW: Why aren’t lawyers, professors, and everyone involved in law protesting this? This is a brazen attempt to co-opt the judicial branch into an arm of the Republican Party. I’m not so naïve to think that it hasn’t been co-opted by politics in the past, but this is so brazen and the consequences are so great that it’s a wonder why aren’t more people outraged that this whole process is even allowed to take place.