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By Brett Samuels, The Hill
Sen. Jeff Merkley (D-Ore.) on Monday laid into President Trump for nominating Judge Brett Kavanaugh to the Supreme Court, saying he did so to protect himself in the ongoing Russia probe.
Merkley suggested Trump picked Kavanaugh because of the judge's past writings that argue a president should be shielded from ongoing investigations.
.@realDonaldTrump is terrified of Robert Mueller. It’s no wonder he chose Kavanaugh as his #SCOTUSPick. He’s someone who argued that Sitting Presidents should be immune from prosecution and not be indicted & POTUS has the sole power to appoint and fire special prosecutors at will— Senator Jeff Merkley (@SenJeffMerkley) July 10, 2018
Trump tapped Kavanaugh, 53, to replace Justice Anthony Kennedy, who is retiring at the end of the month.
Prior to serving on the U.S. Court of Appeals in Washington, D.C., Kavanaugh worked as a White House aide under former President George W. Bush, and for Kenneth Starr, the independent counsel who investigated former President Clinton in the 1990s.
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In his legal writings, Kavanaugh has argued the president should be shielded from the demands of criminal and civil investigations because they interfere with his official duties.
Prior to Trump's announcement, Democrats expressed concerns over the nominee's role in any decisions involving special counsel Mueller's investigation into Russian meddling in the 2016 election. Some lawmakers suggested Trump's nominee would have a conflict of interest in any court cases related to the investigation.
Sen. Richard Blumenthal (D-Conn.), argued Sunday that the Supreme Court may ultimately have to weigh in if Trump refuses to comply with a subpoena in the Mueller investigation, as his lawyer, Rudy Giuliani, has suggested.
Leonard Leo, who took a leave from the conservative group the Federalist Society to aide Trump with the Supreme Court pick, dismissed Democratic calls to delay the confirmation process until after Mueller concludes his investigation as a "red herring."
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