The White House isn’t denying reports this morning that Donald Trump and Justice Anthony Kennedy negotiated for months over Kennedy’s replacement and only retired after being reassured it would be Brett Kavanaugh, Kennedy’s onetime clerk. Kavanaugh was reportedly added to “the list” in November 2017, raising the question of whether there was quid pro quo for Justice Kennedy’s votes, such as his affirmation of the “Muslim ban.”
Geoff Bennett
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@GeoffRBennett
Source familiar tells NBC that Justice Kennedy had been in negotiations with the Trump team for months over Kennedy’s replacement. Once Kennedy received assurances that it would be Kavanaugh (his former law clerk) Kennedy felt comfortable retiring - @LACaldwellDC & @frankthorp
David Corn
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@DavidCornDC
If it is true that Kennedy negotiated the Kavanaugh pick with Trump, all his decisions should be called into question. And this would merit a congressional investigation.
Mike Sacks
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@MikeSacksEsq
Replying to @MikeSacksEsq
Kennedy’s travel ban concurrence, translated:
“Hey, uh, Mr. President. I’m upholding the travel ban so you uphold your deal to put Kavanaugh in my seat. And remember, I’m giving you this seat, so please, for me, just chill out on unconstitutional and authoritarian stuff, ok?”
Dan Pfeiffer
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@danpfeiffer
This alleged (and not denied) secret deal between Trump and Kennedy is something that should be fully looked into before Kavanaugh gets a vote in the Senate. Given that Kavanaugh could be a deciding vote on Trump's own legal case, we need to get to the bottom of this
Aaron Rupar
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@atrupar
On CNN, @RajShah45 does not deny that a deal was made between outgoing Justice Anthony Kennedy & Trump about Kavanaugh being Kennedy's replacement if he retired.
Meanwhile, critics are already questioning the independence of Kavanaugh from Trump. From The New York Times:
“This issue is particularly important given repeated claims by the president’s attorneys that Mr. Trump is essentially above the law — that he can even refuse a subpoena to testify. Given the looming Mueller investigation, these weighty, knotty constitutional questions may soon come before the court.
“When it comes to these questions, Judge Kavanaugh is not a blank slate. He worked for Ken Starr, the independent counsel who aggressively investigated President Bill Clinton. But Judge Kavanaugh later adopted views that are outside the mainstream in their deference to the executive.
“In a 2009 law review article, Judge Kavanaugh argued that a sitting president should be able to defer civil suits and criminal prosecutions until after he leaves office and should be excused from having to answer depositions or questions during his term. He went so far as to advocate that Congress “consider a law exempting a president — while in office — from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel.
“It is hard to imagine that these extreme views weren’t part of Judge Kavanaugh’s appeal to President Trump, a man who is a defendant in several civil suits and the subject of at least one criminal investigation. “
Geoff Bennett
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@GeoffRBennett
Source familiar tells NBC that Justice Kennedy had been in negotiations with the Trump team for months over Kennedy’s replacement. Once Kennedy received assurances that it would be Kavanaugh (his former law clerk) Kennedy felt comfortable retiring - @LACaldwellDC & @frankthorp
David Corn
✔
@DavidCornDC
If it is true that Kennedy negotiated the Kavanaugh pick with Trump, all his decisions should be called into question. And this would merit a congressional investigation.
Mike Sacks
✔
@MikeSacksEsq
Replying to @MikeSacksEsq
Kennedy’s travel ban concurrence, translated:
“Hey, uh, Mr. President. I’m upholding the travel ban so you uphold your deal to put Kavanaugh in my seat. And remember, I’m giving you this seat, so please, for me, just chill out on unconstitutional and authoritarian stuff, ok?”
Dan Pfeiffer
✔
@danpfeiffer
This alleged (and not denied) secret deal between Trump and Kennedy is something that should be fully looked into before Kavanaugh gets a vote in the Senate. Given that Kavanaugh could be a deciding vote on Trump's own legal case, we need to get to the bottom of this
Aaron Rupar
✔
@atrupar
On CNN, @RajShah45 does not deny that a deal was made between outgoing Justice Anthony Kennedy & Trump about Kavanaugh being Kennedy's replacement if he retired.
Meanwhile, critics are already questioning the independence of Kavanaugh from Trump. From The New York Times:
“This issue is particularly important given repeated claims by the president’s attorneys that Mr. Trump is essentially above the law — that he can even refuse a subpoena to testify. Given the looming Mueller investigation, these weighty, knotty constitutional questions may soon come before the court.
“When it comes to these questions, Judge Kavanaugh is not a blank slate. He worked for Ken Starr, the independent counsel who aggressively investigated President Bill Clinton. But Judge Kavanaugh later adopted views that are outside the mainstream in their deference to the executive.
“In a 2009 law review article, Judge Kavanaugh argued that a sitting president should be able to defer civil suits and criminal prosecutions until after he leaves office and should be excused from having to answer depositions or questions during his term. He went so far as to advocate that Congress “consider a law exempting a president — while in office — from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel.
“It is hard to imagine that these extreme views weren’t part of Judge Kavanaugh’s appeal to President Trump, a man who is a defendant in several civil suits and the subject of at least one criminal investigation. “
