On the recordJuly 24, 2018
I rise today to speak on the latest efforts to derail the nomination of Judge Brett Kavanaugh to be Associate Justice of the U.S. Supreme Court. I would like to focus today on a few areas where attacks have come up. Judge Kavanaugh's critics, faced with an exceptionally well- qualified, baseball-loving, carpool-driving nominee, are struggling to find anything that might slow or even stop his confirmation. Let me focus today on a few areas where their attacks have come up short. It seems that some folks can't mention Judge Kavanaugh without suggesting in the same breath that his confirmation would somehow be the death knell of Special Counsel Mueller's investigation. It can be difficult to keep straight critics' dizzying array of claims on these separation of powers issues, but it is worth taking a closer look to set the record straight. It was hard to miss the headline, ``Brett Kavanaugh Once Argued That a Sitting President Is Above the Law,'' or the article that suggested Judge Kavanaugh ``has been an open advocate for precisely the sort of imperial presidency that the founders of the American experiment feared.'' Democrats soon piled on, but never in the law review article that spurred this hysteria did Judge Kavanaugh suggest that a President would be immune from civil or criminal liability.…
