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Thursday 6 sepTember 2018
Kavanaugh's lips sealed on White House subpoenas, pardons

By MARK SHERMAN and the witness chair by declar- he would be independent
LISA MASCARO ing that "no one is above from the president who
Associated Press the law." chose him for highly presti-
WASHINGTON (AP) — Pres- The Senate Judicial Com- gious lifetime position.
sured by Democrats with mittee hearing has strong Kavanaugh said, "The first
Donald Trump on their political overtones ahead thing that makes a good
minds, Supreme Court of the November congres- judge is independence,
nominee Brett Kavanaugh sional elections, but as a not being swayed by politi-
rejected repeated efforts practical matter Demo- cal or public pressure."
at Wednesday's Senate crats lack the votes to He cited historic cases in-
confirmation hearing to re- block Kavanaugh's confir- cluding the Brown v. Board
veal his views about a pres- mation. of Education ruling that de-
ident pardoning himself or They are concerned that segregated schools and
being forced to testify in a Kavanaugh will push the the U.S. v. Nixon decision
criminal case. court to the right on abor- that compelled the presi-
For a second day, the President Donald Trump's Supreme Court nominee, Brett Kava- tion, guns and other issues, dent to turn over the Wa-
naugh, gestures as he testifies before the Senate Judiciary Com-
judge nominated by Trump mittee on Capitol Hill in Washington, Wednesday, Sept. 5, 2018, and that he will side with tergate tapes -- a ruling
insisted to probing senators on the second day of his confirmation hearing to replace retired Trump in cases stemming that Kavanaugh had previ-
that he fully embraced the Justice Anthony Kennedy. from special counsel Rob- ously questioned.
importance of judicial inde- ert Mueller's investigation of "That takes some back-
pendence. But he refused cluding to himself or in ex- pothetical questions of that Russian interference in the bone," he said of the jus-
to provide direct answers change for a bribe. He also sort," Kavanaugh said in re- 2016 election and possible tices who decided those
to Democrats who wanted would not say whether he sponse to a question from ties to the Trump campaign. cases. But when asked
him to say whether there believes the president can Sen. Patrick Leahy of Ver- The 53-year-old appellate more specific questions,
are limits on a president's be subpoenaed to testify. mont about pardons. Still, judge answered cautiously including whether a presi-
power to issue pardons, in- "I'm not going to answer hy- he began his long day in when asked about most of dent can be required to
those matters, refusing an respond to a subpoena,
invitation from Democratic Kavanaugh said, "I can't
Sen. Richard Blumenthal give you an answer on that
of Connecticut to pledge hypothetical question."
to step aside from any Su- The Supreme Court has
preme Court cases dealing never answered that ques-
with Trump and Mueller's in- tion, and it is among the
vestigation. potentially most important
Protesters continued their since Trump could face
efforts to interrupt the hear- a subpoena from special
ings, but senators basically counsel Mueller.
ignored their shouts as they Sen. Amy Klobuchar, a Min-
were removed by police. nesota Democrat, asked
Democrats' complaints whether a president could
also persisted that they be criminally investigated
were being denied access or indicted. Kavanaugh
to records from Kavana- again said he had never
ugh's time in the George W. taken a position on those
Bush White House. issues, though he did write
One TV viewer gave Kava- in a 1998 article that im-
naugh a rave review. peachment may be the
Trump said he had been only way to hold a presi-
watching the hearings and dent accountable while in
thought the Democrats office.
were "grasping at straws" "The Constitution itself
in questioning the man he seems to dictate, in ad-
chose to replace retired dition, that congressional
Justice Anthony Kennedy. investigation must take
He said he "saw some in- place in lieu of criminal in-
credible answers to very vestigation when the Presi-
complex questions." dent is the subject of inves-
The committee's top Dem- tigation, and that criminal
ocrat, Dianne Feinstein of prosecution can occur
California, disagreed. "He's only after the President has
not being very specific," left office," he wrote in the
she said during a break in Georgetown Law Review.
the proceedings. On abortion, Kavanaugh
The Democrats weren't said the landmark 1973
the only ones who rec- Roe v. Wade decision that
ognized the importance ensures access to abor-
of questions about Trump tion has been affirmed
and the Russia investiga- "many times." "Respect for
tion. Committee Chairman precedent is important. ...
Chuck Grassley, an Iowa Precedent is rooted right in
Republican, asked Kava- the Constitution itself," he
naugh right away whether said.q