Dems’ Anti-Kavanaugh Talking Point of the Day Falls Flat Dems’ Anti-Kavanaugh Talking Point of the Day Falls Flat – NTK Network

Dems’ Anti-Kavanaugh Talking Point of the Day Falls Flat

Democrats opposed to Judge Brett Kavanaugh's elevation to the Supreme Court focused Wednesday on comments that, they allege, reveal Kavanaugh would protect President Trump from Special Counsel Robert Mueller. They're wrong.

By NTK Staff | 07.19.2018 @9:00am
Dems’ Anti-Kavanaugh Talking Point of the Day Falls Flat

With liberal efforts to oppose Judge Brett Kavanaugh’s confirmation to the Supreme Court flailing, some elected Democrats opposed to Kavanaugh seized on a new talking point Wednesday: Kavanaugh’s comments on an obscure, old case indicate, they claim, that he would protect President Trump from Robert Mueller.

Newsweek reported:

Donald Trump’s Supreme Court nominee Brett Kavanaugh dislikes independent counsels and told a group of conservatives in 2016 that he wanted to “put the final nail” in the ruling that upheld their constitutionality.

Now, leading Democrats including Chuck Schumer and Cory Booker are using Kavanaugh’s statement to spark an outcry before his Senate confirmation hearing. The senators have argued that if he were appointed to the Supreme Court, Kavanaugh would aim to declare Robert Mueller’s special counsel investigation on Russian election meddling unconstitutional.

The argument is bogus for two reasons. First, as Newsweek reported, independent counsels and special counsels are different things. Second, as other outlets noted Wednesday, liberals like Justice Elena Kagan and Sen. Dick Durbin (D-IL) have also taken issue with the same ruling Kavanaugh took issue with.

On the first point, here’s what two GWU law professors told Newsweek:

“Special counsels are an entirely different creature,” Jonathan Turley, a law professor at George Washington University, told Newsweek. “They are special but they are not independent.”

…David Fontana, a law professor at George Washington University, agreed with Turley and said that there is no way to possibly say that Kavanaugh would automatically view the Mueller probe as unconstitutional.

On the second point, some linked Wednesday to a 2015 Stanford Law article that reports Justice Kagan saying Justice Scalia’s dissent in the case at hand, Morrison v. Olson, was “one of the greatest dissents ever written and every year it gets better.”

And conservatives circulated video of Durbin criticizing independent counsels as well.

Are Democrats running out of anti-Kavanaugh talking points?

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