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Brett Kavanaugh Confirmation Thread


Hugo Stiglitz

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1 minute ago, High Plains Drifter said:

I apologize if this has already been covered, as I have not read the entire thread...

ConLaw dogs: IF Kavanaugh is confirmed, and IF DOTUS is impeached, would he not have to recuse himself since DOTUS appointed him? Or recuse himself for any issue that involved the current DOTUS?

Ethically?  Yeah, he probably should.

Will he?  You know the answer.

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18 minutes ago, High Plains Drifter said:

I apologize if this has already been covered, as I have not read the entire thread...

ConLaw dogs: IF Kavanaugh is confirmed, and IF DOTUS is impeached, would he not have to recuse himself since DOTUS appointed him? Or recuse himself for any issue that involved the current DOTUS?

Yes, he would have to recuse himself.  But who the fuck is going to enforce that norm?  Hell, even if he did recuse himself and there was finding by the Court against dotus, dotus will just ignore it.  (See kiddy concentration camps and dotus ignoring court orders). And again no one will enforce it.  None of this fucking matters.

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I apologize if this has already been covered, as I have not read the entire thread...
ConLaw dogs: IF Kavanaugh is confirmed, and IF DOTUS is impeached, would he not have to recuse himself since DOTUS appointed him? Or recuse himself for any issue that involved the current DOTUS?


He wouldn’t have any role in impeachment proceedings so there’s nothing to recuse himself from. To your larger question, no, he would not have to recuse himself from anything merely for being appointed by Trump.
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3 hours ago, Bevo VIII said:


It should also be noted those related to this administration have no fucking clue how executive privilege works or how to invoke it or when it should be invoked.

They don't understand attorney client privilege either.

 

They do have a pretty good grasp of the concept of white privilege though.

Edited by Grade of D as in David
Bevo VIII beat me to it
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14 minutes ago, Washpark said:

Bring it!

 

 

Meh. It's a safe bet for Booker since expulsion requires a two-thirds vote in lieu of the implied finger-wagging that effeminate loser Cornyn suggested. You won't find 17 Democrats who are willing to expel Cory Booker, let alone will you find them all listed as United States Senators. Cornyn's just butthurt and he's definitely acting like it. Even if they did, it'd be political suicide for all those voting in favor.

Edited by hpslugga
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1 hour ago, DanRydell said:

 


He wouldn’t have any role in impeachment proceedings so there’s nothing to recuse himself from. To your larger question, no, he would not have to recuse himself from anything merely for being appointed by Trump.

 

I think he would have to recuse himself, at least in the near term, from deciding things such as whether trump could be subpoenaed.  Or deposed in the Stormy Daniels case.  Etc.  It's a moot point, though, because he won't recuse himself and there's no mechanism to force him to recuse himself.

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15 minutes ago, lemonlime said:

I think he would have to recuse himself, at least in the near term, from deciding things such as whether trump could be subpoenaed.  Or deposed in the Stormy Daniels case.  Etc.  It's a moot point, though, because he won't recuse himself and there's no mechanism to force him to recuse himself.

Impeachment by a dem majority senate?

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3 minutes ago, High Plains Drifter said:

Impeachment by a dem majority senate?

This.

If they've got him dead-to-rights on perjury, all it takes is a Dem senator to tell him "look at the senate map for 2020.  Think of how bad it would be for you to 1) be tried for perjury, and 2) be convicted and removed from office after holding it just 2 years.  Think of how bad that would be for you, and the country.  Withdraw your nomination, and this will go away, and you can stay on the DC Circuit without any further action."

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5 minutes ago, High Plains Drifter said:

Impeachment by a dem majority senate?

Doesn't conviction by the Senate still require a 2/3 vote?  If so, I have my doubts as to whether that threshold would ever be met, given where things stand politically.  

Anyone know if perjury of a SC justice in a confirmation setting can be tried in the courts (as opposed to Congress)?

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6 minutes ago, Gap03 said:

Doesn't conviction by the Senate still require a 2/3 vote?  If so, I have my doubts as to whether that threshold would ever be met, given where things stand politically.  

Anyone know if perjury of a SC justice in a confirmation setting can be tried in the courts (as opposed to Congress)?

I think it more likely - if the Dems can win the majority in 2020 - that they increase the size of the SC, than impeach a sitting justice.

Edited by Hiphopopotamos
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I think he would have to recuse himself, at least in the near term, from deciding things such as whether trump could be subpoenaed.  Or deposed in the Stormy Daniels case.  Etc.  It's a moot point, though, because he won't recuse himself and there's no mechanism to force him to recuse himself.


If he discussed the matter with Trump or his advisors, attorneys, I agree, but simply being appointed by Trump isn’t enough to require refusal.
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1 hour ago, High Plains Drifter said:

Impeachment by a dem majority senate?

In theory.  But there's no way 2/3 of the Senate would vote to convict.

Maybe if we still have free and fair elections, and the GOP is obliterated electorally, in say 2024, after Texas, NC, and GA somehow turn blue, he could be removed from the SC via impeachment.  I'm not holding my breath.

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2 minutes ago, chainsaw said:

I think there have even been federal judges busted taking bribes.

A federal judge in Texas was put through the wringer 9 years ago -- but the process was impeachment.

Quote
Samuel B. Kent
KentSamuel.jpg
 
Judge of the United States District Court for the Southern District of Texas
In office
October 1, 1990 – June 30, 2009
Appointed by George H. W. Bush
Preceded by Hugh Gibson
Succeeded by Marina Marmolejo
Personal details
Born Samuel B. Kent
June 22, 1949 (age 69)
Denver, Colorado, U.S.
Political party Republican
Education University of Texas at Austin (B.A.)
University of Texas School of Law(J.D.)

Samuel B. Kent (born June 22, 1949)[1] is a former United States District Judge of the United States District Court for the Southern District of Texas, who served in the single-judge Galveston Division covering Brazoria, Chambers, Galveston, and Matagorda Counties. A member of the Republican Party, he was nominated by President George H. W. Bush on August 3, 1990, to a seat vacated by Hugh Gibson, confirmed by the United States Senate on September 28, 1990, and received his commission on October 1, 1990. His tenure as a United States District Court judge was marred from 2001 on by a series of disciplinary actions, culminating in his impeachment and resignation in 2009.[2][3]

On May 11, 2009, Judge Kent was sentenced to 33 months in prison for lying to investigators about sexually abusing two female employees. Dick DeGuerin, Kent's attorney, said the judge would retire from the bench because of a disability, rather than resign, which would have enabled Kent to continue to receive his $169,300 annual salary for life.[4] That did not satisfy the leaders of the House Judiciary Committee, Representatives John Conyers Jr., (D-Mich.) and Lamar Smith (R-Tex.), who demanded that Kent resign immediately or face impeachment.[5][6]

Judge Kent submitted his resignation on June 2, 2009, with the provision that it would not take effect for a full year. This angered the membership of the House Judiciary Committee, which voted unanimously to send four Articles of Impeachment to the full House of Representatives on June 10, 2009.[7] The articles were passed on June 19, 2009,[8] making Judge Kent the first federal judge to be impeached since Walter L. Nixon, Jr. in 1989.[9] Kent thereafter submitted a new letter of resignation to the Senate on June 25, 2009, taking effect on June 30, 2009.[10][11] On June 30, President Barack Obama accepted his resignation.[12] On July 20, the House of Representatives passed a resolution[13] asking the Senate to end former Judge Kent's trial. Two days later, the Senate agreed to the resolution.[14]

 

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