Can A Sitting U.S. Supreme Court Justice Be Indicted?

As Special Counsel Robert Mueller’s probe into Russian interference in the 2016 U.S. elections heats up and more and more evidence continues to pop up indicating that then presidential candidate Trump was either fully aware of or an active participant in the interference, legal eagles are grappling with the question as to whether a sitting U.S. President can be indicted.

As it currently stands, according to many of the legal eagle pundits on cable TV, the answer to that question is no. There is apparently a Department of Justice(DOJ) policy that advises against indicting a sitting president. The pundits are quick to point out however that this is only a directive that can be changed at any time(not set in stone). Respected legal scholars like Harvard University’s Lawrence Tribe have argued against this DOJ directive saying nothing in the U.S. constitution prohibits a sitting president from being indicted if he is found to have committed crimes.

Strangely missing from the “to indict or not to indict” debate however is the equally important question as to whether a sitting U.S. Supreme Court Justice can be indicted. We are of course talking about recently confirmed Supreme Court Justice Brett Kavanaugh who as you will remember was the subject of numerous serious judicial complaints. Supreme Court Chief Justice John Roberts referred the judicial complaints to the 10th Circuit Court of Appeals for resolution.

A judicial council at the 10th Circuit Court recently dismissed all the complaints against Kavanaugh concluding that even though the allegations were serious, the court had no jurisdiction to entertain the complaints because Kavanaugh was no longer a federal appeals judge and thus not subject to the Judicial Conduct and Disability Act that deals with disciplining federal district court judges, magistrates and circuit appellate justices. Essentially, because Kavanaugh had been elevated to the U.S. Supreme Court, the Judicial Conduct and Disability Act no longer applied to him.

It is very important to point out that among the serious accusations against Kavanaugh was that he lied multiple times to congress while under oath. Lying to congress as you know is a serious felony, especially in Kavanaugh’s case given the fact that (1) he did that as a federal judge who should know better and (2) he lied to congress on multiple occasions.

An excerpt from 12/18/2018 USA Today article

The logical question then becomes if Kavanaugh can be proven to have lied to congress under oath, a felony, can he be indicted? Is it possible to indict a sitting U.S. Supreme Court Justice or are they for all intents and purposes, above the law? Is there any case law that precludes such an eventuality? All these are serious questions that one would think the mainstream media would have posed to the myriad TV legal eagle pundits by now. Instead as it has now become customary, it is left to Yours Truly to ask the serious questions the mainstream media won’t ask, for which the public is desperately seeking answers to.

Bottom line with all the attention focused on whether Trump can be indicted, it is about time the mainstream media also started asking the equally important question as to whether a sitting U.S. Supreme Court Justice, in this case Kavanaugh, can be indicted.

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Sen Susan Collins’ Insult To Dr. Christine Blasey Ford

Fresh from perpetrating her “No Corroboration” fraud on Americans to get Justice Brett Kavanaugh confirmed to the U.S. Supreme Court, Sen Susan Collins(R-ME) showed up on CNN’s State of The Union to explain her highly suspicious YES vote. In her interview with CNN’s Dana Bash, Senator Collins essentially repeated the fraudulent “No Corroboration” theory she had previously laid out in her 45 minute nationally televised speech Friday. The CNN State of The Union segment is available here but the relevant clip is below.

She however brought up a new concept in her interview with Dana Bash which Yours Truly considers a total insult to Dr. Christine Blasey Ford and that is, that Dr. Ford was assaulted by “someone else”, not by Kavanaugh. So you ask. “But @Emolclause, how is that an insult to Dr. Ford?” Here’s why. We all remember very well that during her sworn testimony before the Senate Judiciary Committee Dr. Ford said very clearly that she was 100% certain that it was Kavanaugh who assaulted her. More importantly when asked by Senator Patrick Leahy(D-VT) what her strongest memory was of the decades old incident, Dr Ford responded that it was the “uproarious” laughter by Kavanaugh and his friend Mark Judge that still torments her to this date—Yours Truly talked about this in a previous post.

To believe Sen Collins’ new stance that “someone else” attacked Dr Ford, you also have to believe that the “uproarious” laughter Dr Ford tearfully testified torments her to this day either never happened or Mark Judge was laughing with “someone else”—a total insult. Think about that folks, in order to justify her fraudulent “No Corroboration” theory, Sen Collins now says Dr. Ford is being delusional when she talks about the “uproarious” laughter that still torments her to this day.

You don’t have to take Yours Truly’s word for it regarding Sen Collins’ insult to Dr. Ford. Dem Senator Mazie Hirono said the same thing when she appeared on the same show with Dana Bash.


Its also very important to point out that Dana Bash strangely never asked Senator Collins about Kavanaugh’s other accusers. Surely CNN’s Dana Bash knows that Dr Ford was not Kavanaugh’s only accuser. If Sen Collins thought there was “No Corroboration” re Dr. Ford , what does she think about Debbie Ramirez’s allegations? One would think MSM’s Dana Bash would challenge Sen Collins’ “No Corroboration” theory with questions about Ramirez and other accusers for example, Were they questioned by the FBI? If not, how can she credibly characterize the FBI investigation as “thorough” or “comprehensive”? and so on….

A lot of people waking up to watch Sen Collins’ first TV interview after the highly controversial Supreme Court confirmation expected these kinds of questions from MSM’s Dana Bash but predictably, it turned out be yet another terrible disappointment by the hapless MSM, which essentially gave Sen Collins a platform to justify her fraudulent “No Corroboration” theory.

Bottom line Sen Collins’ new stance that ” someone else” attacked Dr Ford is an insult to Dr Ford and indeed all other women survivors of sexual assault across the nation. It would be helpful if on her next interview someone in the MSM asks her about Ramirez and other Kavanaugh accusers and whether the supplemental FBI probe included them. More importantly the MSM should ask Sen Collins how she concluded that the FBI inquiry was “thorough” and “comprehensive” when it clearly left out a lot of willing witnesses—the aforementioned “No Corroboration” fraud.

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How Senators Collins & Flake Perpetrated The “No Corroboration” Fraud On Americans

U.S. Senators Jeff Flake(AZ) & Susan Collins(ME)

While most of the mainstream media was preoccupied with Senator Susan Collins’ decision to vote for Kavanaugh’s confirmation, NBC News Heidi Przybyla (one of Yours Truly’s MSM faves) went on All in with Chris Hayes and dropped a major bombshell that may prove disastrous to Kavanaugh, and indeed Senator Collins, even after he is seated at the U.S. Supreme Court. According to Heidi Przybyla, there are text messages that have been obtained by NBC news which suggest that Kavanaugh himself may have played a part in covering up evidence from his classmates who may have corroborated Debbie Ramirez’s claims against him.Specifically, one of the texts show a witness freaking out because she doesn’t want the media/public to know that Kavanaugh reached out to her.

Think about that folks. There is electronic evidence that Supreme Court nominee Kavanaugh himself, not his surrogate, was reaching out to potential witnesses/corroborators (his former Yale classmates) trying to conjure up a counter narrative to the Debbie Ramirez allegations. Even more troubling, Heidi Przybyla says some of Kavanaugh’s Yale classmates reached out to the FBI in an effort to provide more information but were turned away. Simply put, no reasonable person presented with this information would ever have concluded, as Senators Collins & Flake did, that there were no corroborators to the sexual assault allegations against Kavanaugh or that the FBI background investigation was “thorough”, or “comprehensive”.

The full All In With Chris Hayes Segment is available here but the relevant clip is below

So you say, “But @Emolclause, what does that have to do with Senators Susan Collins and Jeff Flake?” Here’s why. The FBI supplemental background investigation was ordered by President Trump in large part to address the lingering sexual assault allegations against Kavanaugh that had been brought by Dr Christine Blasey Ford, Debbie Ramirez and others. Both Sen Flake and Collins later based their decision to vote for Kavanaugh on the fact that the FBI investigation never corroborated the sexual assault allegations against him.

In essence, both Flake and Collins had already decided to vote YES on Kavanaugh. They just could not do it given the cloud of the sexual assault allegations against him, hence the Trump’s FBI supplemental investigation. Put another way, Trump’s FBI supplemental background probe was a sham from the beginning specifically designed to give cover to Sen Collins and Sen Flake’s predetermined YES vote on Kavanaugh. It was never meant to gather any corroborating information on the sexual assault allegations.


Therefore when both Sen Collins and Sen Flake came out in support of Kavanaugh because there was “no corroborating” information they literally perpetrated one of the biggest and most consequential frauds on the American public ever–the aforementioned “no corroboration” fraud. Luckily some serious journalists like NBC News’ Heidi Przybyla are digging around and hopefully soon will get to the bottom of this “no corroboration” fraud.

The entire Sen Collins Speech on Kavanaugh is available here but the relevant “corroboration” speech is below.

Yours Truly alluded to this “no corroboration” fraud in an earlier Tweet.

To be clear, Senator Collins offered more than the “no corroboration” argument to support her YES vote on Kavanaugh in her 3PM nationally televised speech. She did not make any forceful arguments in her 3 PM speech and you need not take Yours Truly’s word for it. Just look at how MSNBC’s Lawrence O’Donnell tore apart the key arguments in Sen Collins’speech, specifically her presumption of innocence argument.

Lawrence O’ Donnell correctly pointed out that when sexual impropriety allegations were made against former Dem Senator Al Franken, Senator Collins was quick to call for his resignation, even before an investigation was launched. O’Donnell also tore up Sen Collins’ totally frivolous, even laughable argument that Kavanaugh and Mark Judge should be believed because they denied the sexual assault allegations under penalty of perjury. Yeah, Senator Collins literally said in her speech that she believed Kavanaugh because he denied the allegations under oath–how ridiculous is that?

The entire Last Word segment is available here but the relevant clip is below

Bottom line Collins’ biggest argument that there were no corroboration is a big fat lie. The truth, as Heidi Przybyla reports, is that the FBI never reached out to people who might have corroborated both Dr Ford and Ramirez’s stories and both Senators Collins and Flake knew that. Even more troubling, there are text messages showing that Kavanaugh himself was reaching out to his former Yale classmates trying to create a counter narrative for Ramirez’s allegations, which by itself should disqualify him from Judgeship in any court, let alone the U.S. Supreme Court. They may succeed in getting Kavanaugh into the U.S. Supreme Court in the short run for their partisan political interests, but in the long run as the truth about Kavanaugh will inevitably continue to trickle out, the fraud Collins & Flake have perpetrated on Americans must be exposed and should forever form their legacies–the two U.S. Senators who perpetrated one of the biggest and most consequential frauds on the American public–one that rewarded an undeserving nominee with a lifetime Supreme Court appointment. History will be very harsh to both Senators Susan Collins and Jeff Flake, and deservedly so.

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The Seriousness Of Trump’s Attack On Dr Christine Blasey Ford

Yours Truly recently wrote about how the modern GOP has officially become the anti-woman party. Little did we know however that just a few days after that, President Trump would cement this GOP anti-woman legacy into history with his shameful attack on Dr Christine Blasey Ford, a sexual assault survivor, at one of his political rallies. Never would anyone have imagined that a sitting President of the United States would use the presidential podium to lobby verbal attacks at a sexual assault victim, whether they believed the allegations or not.

So you say, “But @Emolclause, Trump is an equal opportunity verbal attacker. It is very convenient how you are singling out the ‘seriousness’ of his verbal attack on Dr. Ford.” Well here’s why Trump’s attack on Dr.Ford is not only very serious, but also differs significantly from his verbal attacks on others. When Dr Ford appeared before the senate judiciary committee, she was asked by Sen Patrick Leahy (D-VT) what still hurts her the most about the decades old incident. Dr Ford responded that what she still remembers to this day is Kavanaugh and his friend Mark Judge laughing “at her expense”. Specifically Dr Ford said:
“Indelible in the hippocampus is the laughter, the uproarious laughter between the two [Kavanaugh & Mark Judge], and their having fun at my expense.”

Well, Trump and his adoring fans at the Southaven, Mississippi rally did exactly that. Trump basically called Dr Ford a liar to “uproarious” applause from his fans, essentially punishing Dr Ford all over again. This is totally unacceptable and reprehensible behavior by anybody let alone a sitting President of the United States. Even in the hyper partisan political times we find ourselves in, all reasonable people will agree that there is absolutely no excuse for mocking a sexual assault survivor from the presidential podium.


Bottom line women voters you have a choice this November. A lot of this anti-woman madness we are witnessing from the GOP can be cured by multitudes of women registering to vote and then “neutering” the anti-woman GOP in November by voting in Democrats both at the federal and state levels. Simply put there is a very viable solution to this GOP anti-woman madness–The Vote!!

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The FBI Must Investigate Kavanaugh’s Debt

After the last minute maneuver by GOP Senator Jeff Flake of Arizona that led President Trump to order the FBI to look into the sexual misconduct allegations against Supreme Court nominee Brett Kavanaugh, a partisan divide has emerged as to what exactly the FBI is allowed to look into.

Naturally the Republicans, fearful that a full blown FBI probe into Kavanaugh’s background will dig up damaging info, are advocating a “limited scope” inquiry in which they want the FBI to look into Dr Christine Blasey Ford’s allegations only. The GOP argument, presented today by White House Counselor Kellyanne Conway is that the FBI inquiry should not be a “fishing expedition.” Democrats on the other hand want a full blown FBI probe into all the sexual misconduct allegations made against Kavanaugh(4 so far), plus a look into whether he perjured himself during this and previous confirmation hearings.


One issue however that is strangely left out of the mix is the Kavanaugh family debt. According to a Yahoo News article, the Kavanaughs have racked up tens of thousands of credit card debt spanning all the 12 years preceeding 2017. According to the Yahoo News piece, there are conflicting explanations given by Kavanaugh and the Trump White House as to the origins of the Kavanaugh family debt.

Another very interesting tidbit from the Yahoo piece is that in 2017, a year before Trump nominated Kavanaugh for the U.S. Supreme Court, the credit card debt suddenly disappeared. Again, there are conflicting versions as to how the Kavanaugh family debt got cleared, with Kavanaugh saying one thing and the Trump White house saying something else. So there are conflicting stories from Kavanaugh and the Trump White House regarding both the origin and disappearance of his credit card debt.

Kavanaugh’s finances strangely never came up during his confirmation hearings. It goes without saying however that a judge’s finances are always an important line of inquiry especially as relates to recusals that may be necessitated by financial conflicts of interest.

Bottom line now that the FBI has a week to look into Kavanaugh’s background, Dems must insist that the feds also clear up discrepancies regarding the Kavanaugh family debt. Simply put, the FBI should find out what exactly led to the Kavanaugh family debt and what exactly cleared it up.

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Kavanaugh’s Dramatic Collapse Over FBI Questions A Total Disqualifier

Sen Dick Durbin(D-IL) Questioning Kavanaugh

MSNBC’s Rachel Maddow yesterday gave a brilliant presentation as to why Kavanaugh is manifestly unfit for the U.S. Supreme Court. Maddow gave several compelling reasons but zeroed in on these two most important disqualifiers, (1) Kavanaugh’s total collapse over FBI questions and (2) Kavanaugh’s hyper partisan political nature which would be a disqualifier for any other jurist.

Kavanaugh’s dramatic collapse when Senator Dick Durbin(D-IL) asked if he would welcome an FBI investigation was by far his most damaging performance. Any reasonable person watching how Kavanaugh appeared intent on avoiding any FBI investigation would arrive at the conclusion that he had something to hide. The full Maddow segment is available here but the relevant clip is below.

Kavanaugh looks even worse when you consider the fact that Christine Blasey Ford and the other accusers have all welcomed an FBI investigation meaning unlike Kavanaugh, they know they are telling the truth.


The other very concerning aspect of Kavanaugh’s testimony was his hyper partisan attacks on Democrats. This as Maddow correctly points out, is something totally out of character for any jurist especially one expecting to land on the U.S. Supreme Court and it displays a serious lack of judicial temperament needed for a Supreme Court Justice. Putting everything aside, this lack of judicial temperament displayed by Kavanaugh should also be a disqualifier.

We’d be remiss if we left out the total lack of respect Kavanaugh showed to Sen Amy Klobuchar(D-MN). I mean if there was any doubt in anyone’s mind that Kavanaugh had little respect for women this was all the proof they needed. Kavanaugh’s condescending response to Sen Klobuchar’s fair question shows that his natural inclination is to disrespect women. It is only after advice from one of his staffers that he realized how disrespectful he had been  to Sen Klobuchar, which prompted him to apologize. Very troubling indeed.

Bottom line Kavanaugh’s strange fear of an FBI investigation into the allegations made against him only prove that he is not a truthful person and is clearly hiding something. Nobody, even his ardent supporters after watching how he answered the FBI questions  would ever conclude that the truth was on his side. Simply put folks, a manifest liar like Kavanaugh should not be in the U.S. Supreme Court.

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GOP Is Officially The Anti-Woman Party

Sen Chuck Grassley (R-IA)

As Americans eagerly wait for Thursday’s blockbuster Senate Judiciary Committee hearing where Brett Kavanaugh’s accuser Dr Christine Blasey Ford is set to testify, the Chairman of the Senate Judiciary Committee Sen Chuck Grassley has decided to schedule a committee vote on Friday–just a few hours after Dr. Ford’s testimony.


This is to date one of the biggest insults the GOP has hurled at women across the country and here’s why. Nobody, including Sen Chuck Grassley knows what will transpire at Dr. Ford’s hearing. There may be new revelations at the hearing that may cause Republicans who have so far been willing to back Kavanaugh change their mind. By convening a Friday Senate Judiciary Committee meeting even before hearing Dr. Ford’s testimony, Sen Grassley and indeed his GOP colleagues in the Senate Judiciary Committee are saying boldly and loudly to Dr Ford in particular and women generally that the GOP is not interested in what women have to say. The best analogy here would be a judge setting a sentencing hearing even before the trial took place–a total travesty of justice.


Dems must call out Sen Grassley and his Senate Judiciary colleagues for this blatant anti-woman action. Senate Dems must point this out at the hearing which will be watched by millions of women voters. Bottom line folks it is no longer just a cheap shot from liberals–the modern GOP is truly an anti-woman party.

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Another Woman Accusing Kavanaugh Of Sexual Assault

New Kavanaugh Accuser Deborah Ramirez

A bombshell piece by the New Yorker says yet another woman has come forwatd accusing Trump’s Supreme Court nominee Brett Kavanaugh of sexual assault.




The woman Deborah Ramirez, Kavanaugh’s classmate at Yale says in 1983-84 when Kavanaugh was a freshman, after a night of partying, he exposed himself to her then forced her head onto his penis and forced her to touch it against her will.

Like in the case of Kavanaugh’s previous accuser Christine Blasey Ford, if this new allegation holds up it will be yet another clear cut case of sexual assault against Kavanaugh and needless to say, an automatic disqualifier for his Supreme Court prospects.

Because this is still a developing story, Yours Truly will accord TeamKavanaugh due process and wait for their response. It goes without saying however that given everything that has transpired so far in Kavanaugh’s confirmation process, this new allegation will most likely kill his chances of ascending to the U.S Supreme Court. There’s simply no way the two crucial female GOP Senators Susan Collins(ME) and Lisa Murkowski(AK) can overlook two accusations of sexual assault against Kavanaugh.

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Was Kavanaugh Involved In Crafting Conspiracy Theory?

A very interesting segment on MSNBC’s AMJoy show explored whether Trump’s Supreme Court nominee Brett Kavanaugh was involved in crafting the conspiracy theory that the incident involving Christine Blasey Ford happened but Kavanaugh was not the assailant. According to the host Joy Reid, this claim was first put out there by Sen Chuck Grassley, Chairman of the Senate Judiciary Committee when he said Ms Ford was “mistaken”. This was then closely followed by tweets from Ed Whelan, a well known GOP operative who actively said it was someone else involved in the incident and not Kavanaugh.

The full AM Joy segment is available here, but the relevant clip is below

So you ask–“What’s the big deal @Emolclause? Like everyone else, they were just speculating. The alleged incidents happened decades ago and nobody knows what actually happened. There’s nothing wrong with speculation.”
Here’s why its a big deal. As the panelists on AM Joy show correctly pointed out, the series of events leading to this “it was someone else” theory makes it highly likely that the Trump White House, the GOP members of the Senate Judiciary Committee and potentially Kavanaugh worked together to craft this conspiracy theory to essentially mislead the public about a very consequential matter–an attempted rape. This is a very big deal, which as one of the panelists Tiffany Cross correctly points out should be investigated by the FBI. If the FBI finds out that Kavanaugh was in any way involved in the crafting of this conspiracy theory, that should immediately kill his confirmation to the U.S. Supreme Court.



Bottom line Dems should not just insist that the FBI investigate whether Kavanaugh committed attempted rape as Christine Blassey Ford alleges, they should seriously look into whether he was involved in crafting this conspiracy theory. At the next Senate Judiciary hearing, Dems must really pester Kavanaugh with questions about the origins and circulation of this conspiracy theory. If he was involved, that in itself should kill his confirmation to the U.S. Supreme Court.

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Kavanaugh’s Alma Mater Yale Law Wants FBI Involved

Some 50 Yale Law students and faculty have made a formal request in the form of a letter to the Senate Judiciary Committee urging the Senators to have the FBI look into the serious allegations raised by Kavanaugh’s accuser Christine Blasey Ford. Kavanaugh attended Yale Law so it is a very big deal that his own Alma Mater wants the FBI to look into Christine Blasey Ford’s allegations. Here are some of the excerpts from the Yale Law letter:

“As the Senate Judiciary Committee debates Judge Brett Kavanaugh’s nomination, we write as faculty members of Yale Law School, from which Judge Kavanaugh graduated, to urge that the Senate conduct a fair and deliberate confirmation process,”

“With so much at stake for the Supreme Court and the nation, we are concerned about a rush to judgment that threatens both the integrity of the process and the public’s confidence in the Court.”



Bottom line folks its one thing when Senate Democrats or even #TheResistance libs clamor for an immediate pause to Kavanaugh’s confirmation as a result of Ms Ford’s serious allegations. However when Kavanaugh’s own alma mater, the highly prestigious Yale Law is calling for the same thing, there is no choice but to pause Kavanaugh’s confirmation process until such a time as the FBI has probed Ms Ford’s serious allegations. As the Yale Law students and faculty correctly put it, the U.S. Supreme Court confirmation process “must always be conducted, and appointments made, in a manner that gives Americans reason to trust the court.” What Sen Chuck Grassley and his fellow GOP Senators are doing in regards to Kavanaugh only makes Americans mistruct the U.S. Supreme Court–a sad state of affairs indeed.

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