Oj, was found guilty in a civil suit. not another criminal case.. a 2nd criminal case can not happen due to the double jeopardy rule..
My statement was poor, the upcoming case is about the presidents pardon affecting both federal and state law.. nothing about the power of the court..
while my opposition would be firm on any judge nominated by trump or even only a conservative president, after all a conservative court gave us "citizen united" basis for the horrible condition of our politics.
My comments have been about this...
https://www.politifact.com/truth-o-meter/statements/2018/jul/10/charles-schumer/trumps-supreme-court-pick-said-presidents-shouldnt/Minnesota Law Review article
The statement by Kavanaugh stems from his 2009 article in the Minnesota Law Review about the separation of powers.
his passage by Kavanaugh:
"Even the lesser burdens of a criminal investigation — including preparing for questioning by criminal investigators — are time-consuming and distracting. Like civil suits, criminal investigations take the president’s focus away from his or her responsibilities to the people. And a president who is concerned about an ongoing criminal investigation is almost inevitably going to do a worse job as president."
Kavanaugh also wrote that the Constitution already provides a check on executive power, because an impeached president is then subject to criminal prosecution.
"In short, the Constitution establishes a clear mechanism to deter executive malfeasance; we should not burden a sitting president with civil suits, criminal investigations, or criminal prosecutions. The president’s job is difficult enough as is. And the country loses when the president’s focus is distracted by the burdens of civil litigation or criminal investigation and possible prosecution."
In a footnote, Kavanaugh wrote that the independent counsel statute, which was used by Kenneth Starr to investigate Clinton, "was a major mistake."
Oj, was found guilty in a civil suit. not another ... (