#Trump #Immunity Brief Takes Justice #Kavanaugh #OutOfContext
Trump's #legal team appear to have misinterpreted what #SCOTUS Justice Brett Kavanaugh wrote in a 2009 article to back up their claims that Trump can still cite #PresidentialImmunity once he has left office, as the judge—who was nominated to the SCOTUS bench by Trump—was only talking about incumbent presidents.
#law #ConfederacyOfDunces
https://www.newsweek.com/donald-trump-immunity-supreme-court-brett-kavanaugh-1881205
…In their #WritOfCertiorari asking #SCOTUS to overturn a lower court decision rejecting the #AbsoluteImmunity defense, #Trump's #legal team cited a section from a MN #law review article from #Kavanaugh stating "any President who is concerned about an ongoing #criminal investigation is almost inevitably going to do a worse job as President."
However, in the same article Kavanaugh goes on to state that he does not believe fmr presidents are #immune from prosecution as "no one is above the law"….
"The point is not to put the President above the #law or to eliminate checks on the President, but simply to defer litigation & investigations UNTIL THE PRESIDENT IS OUT OF OFFICE," #Kavanaugh wrote.
…taking Kavanaugh's…remarks out of context may end up backfiring on #Trump.
"It's a good move to try to put the justices back at themselves.…" @RyanGoodman said.
“The problem for Trump is that it's not really what Kavanaugh was saying.…so it actually might turn him off," Goodman added.
Nonilex