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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Chief Justice Roberts Says SCOTUS Is Independent. Is It?

Senate Majority Leader Mitch McConnell with C.J. John Roberts

In a rare public address Chief Justice Roberts of the U.S. Supreme Court talked about the recent contentious Kavanaugh confirmation process and reiterated how important it is that the public views the High Court as independent. C.J. Roberts said regarding judicial independence, “Our role[Supreme Court] is very clear. We are to interpret the constitution and the laws of the United States and ensure that the political branches act within them. That job obviously requires independence from the political branches.”

The problem with that is the person at the center of the public’s disaffection with the Roberts Supreme Court, Senate Majority Leader Mitch McConnell, has also recently spoken about the Roberts Court. Sen McConnell and by extension his GOP’s view of the Roberts Supreme Court is in stark contrast to what Chief Justice Roberts says. Specifically, there is no question that according to Sen McConnell and his GOP, they have fought hard to pack the Roberts Supreme Court with conservative judges for the express purpose of getting favorable decisions from the court..

Sen McConnell recently said at a press conference following Justice Kavanaugh’s confirmation to the U.S. Supreme Court. “If you want to have a long term impact, and obviously all of us would like to do that, the single most significant way to do it is judicial appointments and my party has not been in this position all that long. You can go back 100 years and only 20 of the last 100 years have Republicans had the Presidency, the House and Senate the same time, and so these opportunities have not come along that often for us and I do think it is the most consequential thing that I’ve been involved in in my time as leader.”

So what is a regular American looking at Chief Justice Roberts’ remarks about judicial independence and Senator McConnell’s partisan political remarks about judicial appointments supposed to think? Why would Sen McConnell and his GOP block President Obama’s rightful nominee Garland and then ram through Kavanaugh if the end result was to have an independent Supreme Court? Reasonable people would agree that if the Supreme Court was truly independent as Chief Justice Roberts argues, there would be more consensus in the senate confirmation process. In other words the fact that the senate confirmation fights have become so bitter is in itself proof of a partisan Roberts Supreme Court.


Bottom line as Yours Truly said in an earlier post, the Roberts Supreme Court has a serious credibility problem. It is sad to say it but most Americans are more inclined to believe Sen McConnell’s narrative over that of C.J. Roberts–that Republicans have made the Roberts Supreme Court a conservative court with the express intention of using the High Court to advance their Republican agenda–a partisan political court. Simply put, there is no way any reasonable person looking at the way Sen McConnell blocked Obama’s nominee Garland, rammed Kavanaugh through, and then gave a press conference bragging about his legacy of steering the court to the right, can ever conclude that the Roberts Supreme Court is somehow an independent court.

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