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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