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不要脸新境界,疮破任命大法官给自己开罪
[版面:军事天地][首篇作者:sgrastar] , 2018年07月10日10:02:18 ,1080次阅读,2次回复
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sgrastar
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发信人: sgrastar (人马座A星), 信区: Military
标  题: 不要脸新境界,疮破任命大法官给自己开罪
发信站: BBS 未名空间站 (Tue Jul 10 10:02:18 2018, 美东)

再贴一遍。

Special counsels and executive power

Kavanaugh wrote an article in 1998 critical of the independent counsel
system in place at the time. The independent counsel law functioned
differently from the Justice Department regulations special counsel Robert
Mueller was appointed under, but Kavanaugh also called the law that Deputy
Attorney General Rod Rosenstein cited in his appointment of Mueller as “
problematic.”

In the article in the Georgetown Law Journal, Kavanaugh advocated for a
system that gave the president more power over the appointment of an
independent or special counsel. He wrote that a “special counsel” should
be nominated by the president and confirmed by the US Senate, and that the
president should have “absolute discretion” about whether to appoint such
a prosecutor. That would give the special counsel more credibility and also
insulate them from future political attacks from the president and his or
her supporters, Kavanaugh wrote.

He also wrote that Congress should make clear that a president can only be
indicted after leaving office, or after being impeached by the House of
Representatives and convicted and removed from office by the Senate. Whether
the US Constitution allowed a sitting president to be indicted was “
debatable,” Kavanaugh wrote, but Congress should remove the uncertainty.

Kavanaugh did write that Congress should limit a president’s ability to
claim executive privilege in the face of a grand jury or criminal trial
subpoena, an issue that has also come up in the course of Mueller’s
investigation.

At his confirmation hearing in 2006, Kavanaugh said he thought it was a
mistake to give Ken Starr as much jurisdiction as he ended up having — the
investigation had started with a probe into the Clintons’ real estate
investments, and over time came to include a variety of other matters,
including the Monica Lewinsky scandal. Republicans have argued that Mueller
shouldn’t have the power to go beyond the question of Russian collusion, so
Democrats and Republicans are likely to dig into Kavanaugh’s views on the
proper scope of power for a specially appointed prosecutor.

“By adding to the jurisdiction, it created the impression that Judge Starr
was somehow the permanent special investigator of the administration,”
Kavanaugh said in 2006. “I think there was too much jurisdiction added to
Judge Starr that created a mistaken public impression that harmed the
credibility of the investigation.”

In a 2009 article in the Minnesota Law Review, Kavanaugh wrote that Congress
should pass a law deferring any civil lawsuits against a president while
they're in office, as well as advocating for exempting a sitting president
from criminal investigation or prosecution.

Kavanaugh has repeatedly written in favor of giving the president more
authority to fire agency officials. In October 2016, Kavanaugh wrote an
opinion concluding that the structure of the Consumer Financial Protection
Bureau — an Obama-era creation that Republicans have longed to undo — was
unconstitutional because of the limits placed on the president’s ability to
fire the director. He was reversed by a full sitting of the DC Circuit
earlier this year.
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sgrastar
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发信人: sgrastar (人马座A星), 信区: Military
标  题: Re: 不要脸新境界,疮破任命大法官给自己开罪
发信站: BBS 未名空间站 (Tue Jul 10 10:16:35 2018, 美东)

卡瓦瑙的想法会制造一个法律怪圈把总统犯罪完全排除在外。特别检查官只能总统任命
。所以总统犯罪只要他不同意调查那么国会无法获得犯罪事实。没有犯罪事实国会无
法弹劾总统。而法律只能制裁被弹劾或者已经下台的总统,不能制裁在任总统。LOL



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※ 修改:·sgrastar 於 Jul 10 10:17:18 2018 修改本文·[FROM: 73.]
※ 来源:·WWW 未名空间站 网址:mitbbs.com 移动:在应用商店搜索未名空间·[FROM: 73.]

 
YouHi
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发信人: YouHi (YouHi), 信区: Military
标  题: Re: 不要脸新境界,疮破任命大法官给自己开罪
发信站: BBS 未名空间站 (Tue Jul 10 10:31:43 2018, 美东)

别说了别说了。
疮粪都湿了。
--
※ 来源:·WWW 未名空间站 网址:mitbbs.com 移动:在应用商店搜索未名空间·[FROM: 73.]

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