Trump, The Subject Of Mueller Probe Cannot Nominate A SCOTUS Justice. Can He?


Dem Senator Corey Booker is advancing a novel legal theory(#BookerTheory), a brilliant one as far as Yours Truly is concerned, arguing that because Trump is the subject of an ongoing criminal investigation (TrumpRussia), his nomination of a Supreme Court Justice to replace retiring Justice Kennedy creates an unacceptable conflict of interest. Senator Booker made the argument when he appeared on MSNBC’s Rachel Maddow Show.


According to Senator Booker, this is unacceptable because it boils down to Trump appointing a Supreme Court Justice for the specific purpose of helping him with the TrumpRussia investigation. There’s a very realistic chance that at some point, TeamTrump will challenge an aspect of Mueller probe in federal court, especially a subpoena for his testimony. Such a challenge would most likely end up in the Supreme Court to be adjudicated by Trump’s Supreme Court pick. Senator Booker’s argument is that this creates an unacceptable conflict of interest that may further tarnish the image of the Roberts Supreme Court.

It’s also worth pointing out that no previous U.S. President has nominated a Supreme Court justice while under criminal investigation. This is probably the strongest argument in the #BookerTheory because simply put, we’ve never been here before. The founding fathers never envisioned that someone engaged in or suspected of criminal conduct would ever rise to be President.

The fact that we are in unchartered waters means there is no Supreme Court precedent establishing Trump’s ability to nominate a Supreme Court justice under these circumstances but more importantly, creates a fertile ground for a legal challenge testing Senator Booker’s novel legal theory.

While Dems are engaged in an all out warfare with Republicans over whether Trump’s Supreme Court nominee should be seated before or after the midterms, maybe they should step aside and give serious consideration to the #BookerTheory–whether the ongoing Mueller probe precludes Trump from making the said Supreme Court nomination in the first place. Brace yourselves folks it’s Bush v Gore all over again.

For those of you very happy with @Emolclause’s activism don’t shy away from the “tip jar” below on your way out




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