Ahead of the Supreme Court’s oral arguments tomorrow in the high-profile case concerning the limits of presidential immunity, new Accountable.US research highlights Justice Kavanaugh’s contradictory past comments on the matter:

  • In a 1998 Georgetown Law Journal article, Kavanaugh repeatedly stated that former presidents were subject to prosecution, going as far as to write that “there is simply no danger that [a president’s] crimes would go criminally unpunished; the only question is when they can be punished.”

However, during his confirmation hearing, Kavanaugh claimed he had “never taken a position” on the constitutional question of presidential immunity and “would have a completely open mind.” This blatant self-contradiction takes on new meaning as oral arguments in Trump v. United States loom.



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