President Donald Trump just picked Judge Brett Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit to the Supreme Court.
And right after, Jim Acosta noticed a sign from God that made him shiver in fear.
A debate is raging in Washington DC as to whether a sitting President can be sued in civil court or indicted in criminal court or even compelled to testify about a matter.
The constitution has not settled the argument so expect Trump and Mueller to be before the Supreme Court to figure out the next steps in this witch hunt.
And when they do they will have to deal with this. Jim Acosta’s worst nightmare.
“A serious constitutional question exists regarding whether a president can be criminally indicted and tried while in office,” Kavanaugh, a D.C. Circuit Court of Appeals judge, wrote in an article in 2009.
“One might raise at least two important critiques of these ideas,” Kavanaugh acknowledged in his essay published in the Minnesota Law Review. “The first is that no one is above the law in our system of government. I strongly agree with that principle. But it is not ultimately a persuasive criticism of these suggestions. The point is not to put the president above the law or to eliminate checks on the president, but simply to defer litigation and investigations until the president is out of office.
“A second possible concern is that the country needs a check against a bad-behaving or law-breaking president. But the Constitution already provides that check. If the president does something dastardly, the impeachment process is available.”
Kavanaugh, a former clerk for retiring Supreme Court Justice Anthony Kennedy, is the leading contender for the SCOTUS position. He also argued in his paper, presidents should be free of legal inquiries until after they leave office.
Trump SCOTUS team has looked at Kavanaugh's past comments on indicting a sitting president, we've confirmed. In 2009, Kavanaugh wrote: "The indictment and trial of a sitting President, moreover, would cripple the federal government…" https://t.co/rDHJs5RiUY
— Jim Acosta (@Acosta) July 9, 2018