[Congressional Record Volume 164, Number 121 (Wednesday, July 18, 2018)]
[Senate]
[Page S5029]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                     Nomination of Brett Kavanaugh

  Mr. President, I know my colleagues are waiting, and I appreciate 
their indulgence as I have one final point on the Supreme Court and 
Brett Kavanaugh.
  I just read in a very recent interview that Judge Kavanaugh was 
asked, if granted the opportunity, whether he would overturn precedent 
in any one case. Judge Kavanaugh initially declined to answer. He then 
paused and said, on second thought, he would overturn the precedent in 
Morrison v. Olson. That is the case that upheld the constitutionality 
of the independent counsel law. I will make two brief points on the 
subject.
  First, Judge Kavanaugh's response demonstrates he is willing to 
answer direct questions about precedent--which precedents he agrees 
with and which precedents he would overturn. I hope, during the 
hearings, we will not suffer the tried-and-true verbal gymnastics of 
nominees who have refused to answer questions on existing precedent. 
Judge Kavanaugh had no qualms about that in that interview.
  Second and more immediately, considering everything we know about 
Judge Kavanaugh's expansive view of Executive power and accountability, 
the fact that Morrison v. Olson--of all of the cases in the history of 
the Supreme Court--is the first case he would think of overturning is 
deeply, deeply troubling.
  We already know he believes a President shouldn't be investigated 
while in office, that a President can't be indicted while in office, 
that a President doesn't have to follow laws that the President 
``deems''--his word--unconstitutional. Clearly, Judge Kavanaugh's 
judicial philosophy incorporates an almost monarchical view of 
Executive power and accountability, animated by a belief that our Chief 
Executive gets to play by a different set of rules.
  Judge Kavanaugh, particularly after this interview, needs to recuse 
himself from anything having to do with the Mueller probe given his 
record and the fact that he was nominated by the subject of the 
investigation he could very well end up ruling on.
  Once again, I thank my colleagues.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Alabama.