I was really hoping this was a joke, but nope.
Courtesy of ABC News:
Supreme Court nominee Brett Kavanaugh suggested several years ago that the unanimous high court ruling in 1974 that forced President Richard Nixon to turn over the Watergate tapes, leading to the end of his presidency, may have been wrongly decided.
Kavanaugh was taking part in a roundtable discussion with other lawyers when he said at three different points that the decision in U.S. v. Nixon, which marked limits on a president’s ability to withhold information needed for a criminal prosecution, may have come out the wrong way.
“But maybe Nixon was wrongly decided – heresy though it is to say so. Nixon took away the power of the president to control information in the executive branch by holding that the courts had power and jurisdiction to order the president to disclose information in response to a subpoena sought by a subordinate executive branch official. That was a huge step with implications to this day that most people do not appreciate sufficiently…Maybe the tension of the time led to an erroneous decision,” Kavanaugh said in a transcript of the discussion that was published in the January-February 1999 issue of the Washington Lawyer.
At another point in the discussion, Kavanaugh said the court might have been wise to stay out of the tapes dispute. “Should U.S. v. Nixon be overruled on the ground that the case was a nonjusticiable intrabranch dispute? Maybe so,” he said.
Kavanaugh’s belief in robust executive authority already is front and center in his nomination by President Trump to replace the retiring Justice Anthony Kennedy. The issue could assume even greater importance if special counsel Robert Mueller seeks to force Mr. Trump to testify in the ongoing investigation into Russian interference in the 2016 election.
Holy shitballs Batman!
It is almost impossible to believe that there are still people who want to defend Richard “I am not a crook” Nixon.
But then I remember that Roger Ailes started a whole cable “news” network because he believed that Nixon got a raw deal from the mainstream media during Watergate and that Roger Stone has Nixon’s face tattooed on his back.
In my opinion, however, anybody who does not recognize the necessity of gaining access to those White House tapes, which by the way were the property of the American people, has no place on the Supreme Court.
Especially if that decision is predicated on the idea that it undermined the executive office holder’s supreme right to lord it over all branches of government, including the judicial branch as if they were an emperor instead of a duly elected president.
I also, by the way, do not think that a president clearly controlled by the Russian government should be allowed to appoint ANY new judges to the bench, nor put into place any new policies.
But hey, that’s just me.
Or is it?