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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Will Dems Subpoena Justice Kennedy’s Son Over Deutsche Bank?

President Trump with Justice Anthony Kennedy(Retired)

In the days following the June 2018 announcement by Justice Anthony Kennedy that he was retiring from the Supreme Court, there was rampant speculation that his resignation was not entirely voluntary but rather that the Trump administration engineered/even forced him out for fear that the GOP may lose their U.S. Senate majority to the Democrats in the November 2018 elections. In essence, the Trump administration did not want Justice Kennedy to retire at a time when Democrats controlled the Senate because that would make it difficult for any Trump SCOTUS nominee to be confirmed.


Speculation that the Trump Admin forced out Justice Kennedy took a whole new turn after the New York Times did a bombshell piece revealing that Justice Kennedy’s son Justin Kennedy had been a longtime financier for Trump. Specifically, that Justin Kennedy was Trump’s financier at the troubled Deutsche Bank which has come under international scrutiny over allegations that it is the bank of choice for Russian money launderers

Justin Kennedy, the son of Retired Supreme Court Justice Anthony Kennedy

Justin Kennedy was apparently the global head of real estate capital markets at Deutsche Bank which leaves absolutely no doubt that he would be the point man at Deutsche Bank for Trump’s vast real estate empire. Part of the bombshell NYT piece read;“During Mr. Kennedy’s tenure, Deutsche Bank became Mr. Trump’s most important lender, dispensing well over $1 billion in loans to him for the renovation and construction of skyscrapers in New York and Chicago at a time other mainstream banks were wary of doing business with him because of his troubled business history.” 

With Special Counsel Mueller increasingly zeroing in on Trump’s business ties to Russia and news that German authorities recently raided the troubled Deutsche Bank, the question now being raised is whether with their new found majority in the House, Democrats will subpoena Trump-related Deutsche Bank records and specifically whether they will call Justin Kennedy to testify about his financial dealings with Trump. Justin Kennedy’s testimony in Congress could also lay to rest the lingering speculation as to whether his dad was forced by the Trump administration to resign from the U.S. Supreme Court before the November 2018 elections.

Bottom line given the serious questions being raised about Deutsche Bank’s ties to President Trump and its troubling history as a conduit for Russian money laundering, it would be Congressional malpractice if House Democrats did not call Justin Kennedy to testify about his role at the troubled bank and specifically, find out what criteria Deutsche Bank used to justify loaning Trump so much money when other “mainstream” banks declined to do so. Was Russia the source of these loans to Trump?. Grassroots Democrats would also like to know whether Kavanaugh played any part in Justice Kennedy’s retirement–essentially engineering his own ascendancy to the U.S. Supreme Court

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You may also reach the author directly via email at author@grassrootsdempolitics.com or author@emolumentsclause.com

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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Kavanaugh Admits Secrecy Culture At Georgetown High School


Brett Kavanaugh & Mark Judge

After Kavanaugh’s accuser Christine Blasey Ford came forward with explosive allegations of attempted rape while the two were in high school, the debate has predictably boiled down to who is to be believed, with the GOP largely siding with Kavanaugh and Democrats with Christine Blasey Ford.




Turns out however that it is Kavanaugh’s own words that may/should sink his nomination.
Yours Truly just stumbled into a newly released video of Kavanaugh in which he revelled in the fact that “what happens at Georgetown Prep (his high school)stays at Georgetown Prep.”


This is the smoking gun of smoking gun evidence and Dems must nail him with it.

Bottom line, while it is hard to ascertain definitively what happened decades ago, the fact that Kavanaugh himself openly admits in this video that there was a culture of secrecy at his high school, for which he takes pride in, should be enough for any reasonable person to believe Christine Blasey Ford’s account of the events and sink Kavanaugh’s nomination.

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Why Sen Murkowski Is Highly Likely A NO On Kavanaugh



While mainstream media political pundits have been busy trying to figure out how Sen Susan Collins(R-ME) will vote on Kavanaugh’s confirmation to the U.S. Supreme Court, very little has been discussed about the fact that out of all GOP Senators, it is Sen Lisa Murkowski(R-AL) and not Sen Susan Collins who is most likely to vote NO on Kavanaugh. This point appears lost to all the beltway political pundits.


Luckily it turns out the Lisa Murkowski angle is not lost to one Jennifer Bendery of the Huffington Post who penned a brilliant piece on this subject–an absolute must read folks. Bendery’s article clearly illustrates that contrary to popular belief, Sen Murkowski is under significantly more pressure than Sen Susan Collins when it comes to the Kavanaugh confirmation issue. As a matter of fact, based on Bendery’s reporting, Lisa is almost certainly a NO on Kavanugh at this juncture.

So you say, “@Emolclause you full of it. Why would you make such a gigantic leap of faith on Murkowski?” Here’s why. There is a case currently pending at the U.S. Supreme Court, Sturgeon v Frost, in which the court will have to decide who controls Alaska’s waters–the state or the federal government.  As it currently stands, Alaska has federally protected waters where native Alaskan tribes survive on subsistence fishing. Sturgeon’s argument(the plaintiff) is that the state of Alaska should control its own waters not the feds. A win for Sturgeon at the the U.S. Supreme Court would therefore threaten the way of life (subsistence fishing) of the native Alaskan tribes, who played a major role in Sen Murkowski’s election victory. Kavanaugh’s previous decisions at the DC Circuit Court apparently line up with Sturgeon’s argument for state over federal control of Alaskan waters and the locals are making it crystal clear to Sen Murkowski that she must vote NO on Kavanaugh.

Therefore unlike Sen Collins who is pressured by Mainers mostly over Roe v Wade questions, here you have Sen Murkowski who is getting flooded by calls from native Alaskan fishermen who put her in the U.S. Senate, telling her a vote for kavanaugh would literally upend their way of life. This is why Yours Truly argues that Sen Murkowski is under more significant pressure than Sen Collins and is at this juncture an almost definite NO on Kavanaugh. It cannot also be left unsaid that other factors like Kavanaugh’s controversial “vetting” process(hiding documents) and the fact that he is one of the least popular Supreme Court nominees ever, also support Yours Truly’s conclusion that she is less likely to jeopardize the livelihoods of her native Alaskan fishing communities(her voting block) for a Supreme Court nominee as flawed as Kavanaugh–one who there is already talk of impeaching even before he is seated on the high court. Voting for Kavanaugh despite desperate pleas from Alaskan fishing communities, her loyal voting block, would literally make Sen Murkowski the hands down winner of the world’s “most deplorable person” contest.

Bottom line Alaskans, like Mainers must continue putting pressure on Sen Murkowski. There’s a very good chance she will vote NO on Kavanaugh as a result of desperate pleas from Alaskan fishing communities.

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Kavanaugh Unconvincingly Denies Talking To TrumpRussia Lawyer


Sen Kamala Harris(D-CA) questioning Kavanaugh at his U.S. Supreme Court confirmation hearing

An interesting segment on MSNBC’s AM Joy show looked into Supreme Court nominee Kavanaugh’s troubling ties to the ongoing TrumpRussia investigation.


It is well known that one of the major hang ups Democrats have with Brett Kavanaugh’s nomination and possible confirmation to the U.S. Supreme Court is the appearance that Trump wants him on the high court to shield himself from the ongoing threat of the Mueller probe(TrumpRussia investigation). Dems therefore paid very close attention to Kavanaugh’s answers to pointed TrumpRussia questions from Sen Kamala Harris(D-CA). Kavanaugh initially denied knowing Marc Kasowitz, a prominent lawyer for Trump in the TrumpRussia investigation. Because Kasowitz is such a high profile lawyer known to many in the DC legal circles, many considered Kavanaugh’s denial an outright lie. The full AM Joy segment is available here but the relevant clip is below.

On the next day of questioning, the dilligent Sen Kamala Harris brought back the Kasowitz question to see if Kavanaugh would give a more convincing answer this time. Interestingly, Kavanaugh’s response changed a little bit from his previous response. He testified this time that he never talked to anybody at Kasowitz’s law firm about TrumpRussia, but notably he didn’t deny knowing Kasowitz this time as he had done the previous day.

As was correctly pointed out in MSNBC’s AM Joy show, it is totally understandable why Kavanaugh would want to steer clear from a TrumpRussia lawyer during his confirmation hearing to the U.S. Supreme Court. That however does not absolve him from answering truthfully serious questions posed to him at his confirmation hearings.

Bottom line there are many unanswered questions regarding Kavanaugh and the ongoing Mueller probe. If the purpose of the confirmation hearings was to allay fears that Trump wants him on the Supreme Court to shield himself against the threat of the Mueller probe, they certainly did not allay any fears. As a matter of fact Kavanaugh’s evasiveness on this crucial TrumpRussia question only added to the fears and will inevitable negatively impact the credibility of the Roberts Supreme Court.

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Emails Prove Kavanaugh Lied To Congress Under Oath Several Times



Trump’s Supreme Court nominee Brett Kavanaugh had a tense time on the confirmation hot seat taking questions from Senator Patrick Leahy and other Dems as to whether he lied to Congress under oath during his confirmation hearings for the DC Circuit Court of Appeals.

Well, courtesy of a Daily Beast article, we can definitively identify multiple instances where Kavanaugh lied to Congress under oath.

Kavanaugh lie #1—In 2006, under questioning by the late Dem Senator Ted Kennedy, Kavanaugh said he wasn’t involved in the selection and vetting process of controversial conservative judge William Pryor. Turns out there are now emails proving Kavanaugh was intricately involved in Judge Pryor’s vetting.

Kavanaugh lie #2—During his 2006 confirmation hearings for the DC Circuit Court of Appeals, under questioning by Dem Senator Patrick Leahy, Kavanaugh outrightly denied ever receiving stolen Dem documents from Republican operative Manuel Miranda. Now during his confirmation hearings to the U.S. Supreme Court, after being confronted with emails between him and Miranda, he finally admitted to Senator Leahy that he did indeed receive the stolen Dem documents. He now contends however that he didn’t know they were stolen. A cursory look at the emails in question leads any reasonable person to the conclusion that Miranda did not get the Dem documents through legitimate channels making Kavanaugh’s assertion that he didn’t know Miranda acquired the Dem documents illegitimately an outright lie.

Kavanaugh lie #3—-Kavanaugh also lied about George W. Bush administration’s “Terrorist Surveillance Program”. Kavanaugh initially testified under oath that he found out about the program through a 2005 New York Times article. Well, turns out there is a 2001 email in which Kavanaugh is asking a DOJ lawyer: “Any results yet on the 4A implications of random/constant surveillance of phone and e-mail conversations of non-citizens who are in the United States when the purpose of the surveillance is to prevent terrorist/criminal violence?”. This again proves that Kavanaugh knew about the terrorist surveillance program way back in 2001 but decided to lie to congress about it under oath

It is well known that lying to congress under oath is a felony. Any reasonable person would therefore conclude that repeatedly lying to congress under oath is so serious, it should preclude anybody from assuming any judgeship, especially a judgeship at the U.S. Supreme Court.

Bottom line Dems and the mainstream media must continue shedding light on Kavanaugh’s troubling conduct which clearly precludes him from being a Supreme Court Justice.

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The Russians Hacked Kavanaugh’s Emails


Dem Senators have made a very compelling case in the ongoing Kavanaugh confirmation hearings as to why he is not fit for a lifetime appointment to the U.S. Supreme Court.


However there is a bombshell revelation out there that is yet to make the mainstream media rounds suggesting that a server containing Kavanaugh’s emails related to the U.S. Attorney scandal during George W. Bush’s administration was hacked by the Russians(see Jennifer Cohn’s thread below)


This has profound implications because in addition to the compelling case Senate Dems have already made against Kavanaugh’s confirmation, it now appears that he is also TrumpRussia-compromised–Russians have Kompromat on him.

It is no secret that the ongoing Mueller probe will likely raise legal issues (eg Trump subpoena) that the U.S. Supreme Court, possibly with Kavanaugh on the bench, will have to settle. One of the biggest complaints raised by Senate Dems against Kavanaugh is that there is an appearance that President Trump nominated him to the highest court for the express purpose of shielding the President in case the Mueller probe turns up evidence implicating him(Trump) in some criminal conduct—the so-called “Booker Theory” named after Senator Corey Booker(D-NJ). In other words, the conflict of interest envisioned by the Booker Theory relates to Kavanaugh protecting Trump as a return favor for his nomination.

The new bombshell revelation however that Kavanaugh’s own emails are in the hands of the Russians takes the conflict of interest questions to a whole new level. Because Russians are in possession of his emails, which may contain some damaging/compromising details, Kavanaugh may be inclined to quash the Mueller investigation not just for Trump’s sake but for himself too–a slam-dunk disqualifier for any Judge, let alone one about to be accorded a lifetime tenure at the nation’s highest court.

Bottom line given these new revelations that Kavanaugh’s emails are in the hands of the Russians, Dems must insist that he must recuse himself from any TrumpRussia issues or at least move to halt the confirmation hearings until the email issue is sorted out. How this bombshell revelation about Kavanaugh’s emails has not caught the attention of the mainstream media, Yours Truly will never understand. Hapless MSM folks, hapless indeed!!

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Senate Dems Ready To Sue For Kavanaugh Docs


Yours Truly recently did a post on how Senate Judiciary Republicans are trying to ram through Trump’s Supreme Court nominee Brett Kavanaugh while hiding crucial documents about his tenure at the George W Bush White House. Specifically, Republicans are working hard to hide from Senate Democrats, documents that will prove Kavanaugh lied to congress during his confirmation hearings for the DC Circuit Court of Appeals.


Well it appears Senate Democrats are now ready to fight for the documents in court. In a move that will surely thrill grassroots Democrats, Senate Minority leader Chuck Schumer today said Dems are ready to sue the National Archives for Kavanaugh’s full record if the organization does not honor the Dem FOIA request.


Hopefully this is not just a threat to sue by Senate Dems because grassroots Dems expect an all out warfare on Kavanaugh–or as they say in Twitter circles–#KavaNO!!

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Senate Judiciary Republicans Hiding Crucial Kavanaugh Documents


Republican Senators in the Senate Judiciary Committee are apparently blocking efforts by Democrats to get documents about U.S. Supreme Court nominee Brett Kavanaugh during the time he worked for the George W. Bush administration as White House Staff Secretary for 3 years. At issue is whether Kavanaugh lied to Congress about his role in crafting the Bush administrations harsh interrogation techniques(torture) for terrorists.


When Kavanaugh appeared before Congress for his confirmation hearings to the U.S. Court of Appeals for the DC Circuit, he denied playing any advisory role in the crafting of the torture techniques. After he was confirmed to the DC Circuit Court however, evidence emerged suggesting he had indeed advised the Bush administration on the torture procedures. Even more troubling, as a judge on the federal appeals court he heard cases that dealt with the same torture techniques he helped craft but he did not recuse himself, as any credible judge would

Naturally the Democrats in the senate judiciary committee are very interested in documents from the Bush administration that would settle the issue as to whether Kavanaugh lied to congress or not. Lying to congress is after all a felony and if it can be shown that Kavanaugh knowingly engaged in felonious conduct, he should not be confirmed to the U.S. Supreme Court. As a matter of fact if this can be proven, he should never have been confirmed to the federal appeals court in the first place.

It appears the Republicans in the senate judiciary committee have realized that such a revelation–that Kavanaugh lied to congress–could torpedo his confirmation and as expected, have started a shameful stonewalling campaign.

According to the Rachel Maddow Show(clip above), GOP senators in the senate judiciary committee have stonewalled so much, that Dem senators have resorted to seeking Kavanaugh documents using Freedom of Information Act(FOIA) requests. As Maddow correctly points out, U.S. Senators have never been forced to resort to FOIAs in their quest for information. As a matter of fact, senate judiciary Republicans during the confirmation hearings for U.S. Supreme Court Justice Elena Kagan sought and received all documents related to her work under the Obama administration

Bottom line Dems must call out Republicans in the senate judiciary committee for stonewalling on the crucial kavanaugh documents. There is absolutely no excuse for their conduct given the fact that senate judiciary republicans sought and received all documents related to Justice Elena Kagan’s work in the Obama administration

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