Why Kavanaugh thinks a sitting president shouldn't be investigated

Why does Trump's SCOTUS nominee Brett Kavanaugh think a sitting president shouldn't be investigated or prosecuted... Their job is hard. Seriously, that's his reasoning. 

And in case you haven't heard, Trump's campaign is currently being investigated. Kavanaugh probably nailed that part of the interview (you know it was talked about, because Trump is always talking/tweeting about it).

Kavanaugh, an appeals court judge, is Trump's nominee to replace the retiring Justice Kennedy. In a 2009 Minnesota Law Review article, Kavanaugh wrote about investigating and prosecuting a sitting president. He actually titled the section "PROVIDE SITTING PRESIDENTS WITH A TEMPORARY DEFERRAL OF CIVIL SUITS AND OF CRIMINAL PROSECUTIONS AND INVESTIGATIONS."

Again, his main point against investigating and prosecuting a sitting president is because the President's job is hard.

"First, my chief takeaway from working in the White House for five-and-a-half years—and particularly from my nearly three years of work as Staff Secretary, when I was fortunate to travel the country and the world with President Bush—is that the job of President is far more difficult than any other civilian position in government."

Even when a president exercises (golfs) or reads (stuff on Twitter) or attend social events (hanging out with rich cronies at their own resorts), the job is hard.

"It is true that presidents carve out occasional free time to exercise or read or attend social events. But don’t be fooled. The job and the pressure never stop. We exalt and revere the presidency in this country—"


"—yet even so, I think we grossly underestimate how difficult the job is."

He thinks the job is so hard the president shouldn't be distracted, or have to deal with the same "burdens" of the people they serve.

"Having seen first-hand how complex and difficult that job is, I believe it vital that the President be able to focus on his never-ending tasks with as few distractions as possible. The country wants the President to be “one of us” who bears the same responsibilities of citizenship that all share. But I believe that the President should be excused from some of the burdens of ordinary citizenship while serving in office."

Burdens like civil suits.

"...it would be appropriate for Congress to enact a statute providing that any personal civil suits against presidents...be deferred while the President is in office... Deferral would allow the President to focus on the vital duties he was elected to perform."

Or criminal investigations and prosecutions.

"Congress should consider doing the same, moreover, with respect to criminal investigations and prosecutions of the President. In particular, Congress might consider a law exempting a President—while in office—from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel."

They take up too much time, and are distracting.

"...preparing for questioning by criminal investigators— are time-consuming and distracting."

He thinks that if a president is really bad, that's what the impeachment process is there for. And he doesn't think a president should never have to face consequences, just not while they're in office, because, again, the job is hard.

"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."

In short, he doesn't think Trump should be burdened with an investigation into his campaign and Russian interference.

- CoryUpdate

Photo Credit: Getty Images

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