Thursday, August 23, 2018

Check it Out: Former OLCers on Kavanaugh and Presidential Power

Check out these letters to Senators Grassley and Feinstein, here and here, by former attorneys in the Office of Legal Counsel on Judge Kavanaugh's views on presidential authority.

The letters take on a new significance this week, as events draw even more attention to Judge Kavanaugh's views--and how those views might translate if any issue arising out of the Mueller investigation were to reach the Court.

In one letter, former OLCers write on Judge Kavanaugh's critical remarks on United States v. Nixon; in the other, they write on the proliferation of presidential signing statements when Judge Kavanaugh served as staff secretary to President Bush.

From the first (which also captures the gist of the second):

[W]e are troubled by Judge Brett Kavanaugh's apparent commitment to a version of the unitary executive theory of presidential power that holds that the President has total control of actions and decisions of any executive branch official, and that in many cases this control cannot be reviewed by a court of law nor regulated by Acts of Congress.

https://lawprofessors.typepad.com/conlaw/2018/08/check-it-out-former-olcers-on-kavanaugh-and-presidential-power.html

Courts and Judging, Executive Authority, News, Separation of Powers | Permalink

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