Last night, President Trump barely had the name “Kavanaugh” escape his lips when the MSM started ginning up their smear mill. This article, deceptively titled Supreme Court nominee has argued Presidents should not be distracted by investigations or lawsuits, was posted on The Washington Post website at 9:01 pm; a minute before Trump had even declared his pick.
So the online commentary started immediately, with this article as the source to declare that Kavanaugh doesn’t believe that the President has to comply with subpoena. The truth is all right there, you just have to sift for it. The way the Post article described it is thus:
“U.S. Circuit Judge Brett M. Kavanaugh, a former clerk for Supreme Court Justice Anthony M. Kennedy who was nominated replace him, has argued that presidents should not be distracted by civil lawsuits, criminal investigations or even questions from a prosecutor or defense attorney while in office.
Kavanaugh had direct personal experience that informed his 2009 article for the Minnesota Law Review: He helped investigate President Bill Clinton as part of independent counsel Kenneth W. Starr’s team and then served for five years as a close aide to President George W. Bush.
Having observed the weighty issues that can consume a president, Kavanaugh wrote, the nation’s chief executive should be exempt from “time-consuming and distracting” lawsuits and investigations, which “would ill serve the public interest, especially in times of financial or national security crisis.””
But what did Kavanaugh actually write in the Minnesota Law Review?
“…With that in mind, it would be appropriate for Congress to
enact a statute providing that any personal civil suits against
presidents, like certain members of the military, be deferred
while the President is in office. The result the Supreme Court
reached in Clinton v. Jones—that presidents are not constitutionally
entitled to deferral of civil suits—may well have been
entirely correct; that is beyond the scope of this inquiry. But
the Court in Jones stated that Congress is free to provide a
temporary deferral of civil suits while the President is in office.
Congress may be wise to do so, just as it has done for certain
members of the military. Deferral would allow the President
to focus on the vital duties he was elected to perform.”
So what Kavanaugh actually said was that although he thinks it would be a good thing if a President had relief from suits while in office, he agreed with the Court decision in Clinton v. Jones that said he didn’t, and that relief could only come from the legislature. So Kavanaugh isn’t going to rule that Trump can ignore any subpoenas from the Muller investigation (which is why the left has gone so crazy about this).
It took me all of about 5 minutes to research this and figure it out, but then, I’m not part of the journalist community, who were reporting the left wing blogosphere’s version all day today.
These reporters would really make me feel smart; if I wasn’t so sure they knew exactly what they were doing and were purposefully crafting phony attack lines to feed to an unaware public.