https://www.nationalreview.com/2018/07/brett-kavanaugh-mueller-insurance-trump-no/
Senate Democrats are misrepresenting a 2009 law-review article.
Yes, the judicial-confirmation silly season surely is upon us.
In 2009, Brett Kavanaugh wrote the following words in a characteristically well-reasoned article for the Minnesota Law Review: “No one is above the law in our system of government. I strongly agree with that principle.”
It is based on this article that Senate Democrats claim— I kid you not — that President Trump’s nominee is unfit to serve on the Supreme Court because he believes the president is above the law.
This is so barmy it is difficult to know where to start. I do have a suggestion, though, about where not to start. In rebuttal, Kavanaugh supporters have been quick to remind us that the judge served as a prosecutor on Independent Counsel Kenneth Starr’s staff in the criminal investigation of President Clinton. This, they say, makes it self-evidently silly to say that Kavanaugh is against such investigations.
To the contrary, Kavanaugh’s article (only a small part of which deals with this topic) is a reflection on lessons learned from his experience not only in the Starr investigation but also as a staffer in the Bush White House. He observed the grind up close, the relentless pressures and constant life-and-death decision-making that makes the presidency like no other office. Having been seasoned by that experience, he now believes “in retrospect” that it “seems a mistake” to take a doctrinaire position that presidents should be treated like any other person when their duties are unlike any other person’s — and when we routinely make accommodations for persons with far less consequential duties.