Politics
2018.09.06 09:13 GMT+8

US: Supreme Court nominee dodges questions on Trump's 'pardon' powers

CGTN

Brett Kavanaugh, US President Donald Trump's Supreme Court nominee sidestepped questions on whether a president can pardon himself or fire a prosecutor investigating him.

On the second day of a four-day Senate confirmation hearing, senators pressed the conservative federal appeals court judge on his views about presidential power, abortion and gun rights.

All three issues deeply divide Americans and could come before the Supreme Court, with Kavanaugh seen by both conservatives and liberals as someone likely to tip the court in an even more conservative direction.

Kavanaugh signaled respect for the landmark 1973 Roe vs. Wade Supreme Court ruling which legalized abortion nationwide.

He called it an important legal precedent that had been reaffirmed by the justices over the decades. 

He condemned the spate of US school shootings but defended an opinion he wrote questioning whether semi-automatic rifles could be banned.

With Trump's presidency clouded by a widening probe into Russian election meddling, Kavanaugh declined to pledge to step aside from any cases that might come before the court involving Trump's conduct.

Answering a question from Democratic Senator Richard Blumenthal, Kavanaugh refused to reveal his approach to cases involving investigations or civil lawsuits relating to the president.

Senator Richard Blumenthal, a Democrat from Connecticut, speaks during a Senate Judiciary Committee confirmation hearing for Brett Kavanaugh, in Washington, US, Sept. 4, 2018. /VCG Photo

"To be consistent with the principle of the independence of the judiciary, I should not and may not make a commitment about how I would handle a particular case," Kavanaugh said.

Trump has often criticized the judiciary. Some liberals have expressed concerns that Kavanaugh could be a rubber stamp for Trump and protect him from lawsuits and investigations.

Asked by Judiciary Committee Chairman Chuck Grassley, a Republican, whether he would have any trouble ruling against Trump or the executive branch, Kavanaugh replied: "No one is above the law in our constitutional system."

"I think the first quality of a good judge in our constitutional system is independence," Kavanaugh added.

Trump's 'pardon' powers

Kavanaugh dodged Democratic Senator Dianne Feinstein's question about whether a sitting president can "be required to respond to a subpoena," a query that could come into play as Special Counsel Robert Mueller investigates potential collusion between Trump's 2016 presidential campaign and Russia.

"I can't give you an answer on that hypothetical question," Kavanaugh said.

He sidestepped Democratic Senator Christopher Coons' query on whether he still believed, as he wrote 20 years ago, that a president could fire a special prosecutor investigating him.

"All I can say is that was my view in 1998," Kavanaugh said.

US President Donald Trump shakes hands with Brett Kavanaugh as his nominee for Supreme Court Justice during a ceremony in the East Room at the White House in Washington, US, July 9, 2018. /VCG Photo

He also avoided Democratic Senator Patrick Leahy's question about whether a president could pardon himself, or someone else in exchange for a promise not to testify against him.

Trump, in a June Twitter post, claimed "the absolute right to PARDON myself."

Kavanaugh said, "The question of self-pardons is something I have never analyzed."

Senate Democrats have vowed a fierce fight to block Kavanaugh's nomination. But with Trump's fellow Republicans holding a slim Senate majority, and no sign of defections in the Republican ranks, it remains likely Kavanaugh will be confirmed to the lifetime job on the top US judicial body.

Source(s): Reuters
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