He thinks prosecutors and plaintiffs shouldn’t be able to lay a glove on sitting presidents and President Trump just picked him to be his next Supreme Court nominee. Judge Brett Kavanaugh is a known quantity in Washington having survived a previous Democratic attempt to prevent him from sitting on a federal bench. So who is Brett Kavanaugh and what kind of justice would he be?
Mueller tea leaves: Kavanaugh appeared to be somewhat chastened by his role in Kenneth Starr’s investigation of Clinton and suspicious of the presidential inquisitors. That skepticism, and a history of expressed wishes to limit the power of special counsels, appears to have endeared the Mueller-wary Trump his second Supreme Court pick. Can a prosecutor indict a sitting president? As a matter of constitutional law, Kavanaugh has described it as “debatable.” In a 1998 article, he wrote that a president should be indictable “only after he leaves office voluntarily or is impeached by the House of Representatives and convicted and removed by the Senate.”
In a 2012 law review article, he reiterated his belief that Congress should grant presidents a “temporary deferral” of criminal prosecution, as well as civil suits, while in office and wrote that it is “vital that the President be able to focus on his never-ending tasks with as few distractions as possible.” “No single prosecutor, judge, or jury should be able to accomplish what the Constitution assigns to the Congress.”