Brett M. Kavanaugh ought to be questioned on how a President, alleged to have violated a federal criminal law – say conspiring to violate the Federal Election Laws – could be investigated based on the views he promoted in his 2009 article, “Separation of Powers During the Forty-Fourth Presidency and Beyond,” published in the Minnesota Law Review.
In that article, Kavanaugh said, “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.”
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