Kavanaugh's support for surveilling Americans raises concern
Recent Cases
Supreme Court nominee Brett Kavanaugh has frequently supported giving the U.S. government wide latitude in the name of national security, including the secret collection of personal data from Americans.
It's a subject Democrats plan to grill Kavanaugh about during his confirmation hearings scheduled to begin next Tuesday. Beyond his writings as an appeals court judge, some senators suspect Kavanaugh was more involved in crafting counterterrorism policies during the George W. Bush administration than he has let on.
Kavanaugh stated in past congressional testimony that he wasn't involved in such provocative matters as warrantless surveillance and the treatment of enemy combatants in the years immediately after the Sept. 11, 2001, terrorist attacks.
But legal experts say he could shift the court on national security issues, if he is confirmed to replace retired Justice Anthony Kennedy.
Stephen Vladeck, a University of Texas law professor whose expertise includes national security and counterterrorism, cites opinions he says show Kavanaugh "is a lot less willing (than Kennedy) to look at international law as a relevant source of authority and constraint." He said on matters such as Guantanamo detention, Kavanaugh is "much more deferential to the executive branch in this context than Kennedy would have been."
Sen. Rob Portman, R-Ohio, calls Kavanaugh "incredibly well-qualified." The former U.S. trade representative and White House budget director knows Kavanaugh from their time together in the Bush administration. He said Kavanaugh "believes strongly in the Constitution" and the Bill of Rights.
"I think he's in the mainstream with regard to these issues, and frankly, I don't think it's a difference with any meaning between where he is and where the court is currently," Portman said.
Democrats facing an uphill battle in blocking Kavanaugh's nomination have focused less on his judicial counterterrorism record than whether he misled senators about his role in Bush policies while testifying in 2006 confirmation hearings.
Illinois Sen. Dick Durbin and Vermont Sen. Pat Leahy are among Democrats who want to see more records from Kavanaugh's White House days, saying news media accounts after he was seated on the U.S. Court of Appeals for the District of Columbia raised new questions. White House spokesman Raj Shah said Durbin has been doing the misleading by taking Kavanaugh's answers out of context.
Related listings
-
Austrian court's approval for spy agency raid was illegal
Recent Cases 08/28/2018Judges in Austria say a lower court's authorization for police to raid the offices of the country's domestic intelligence agency was illegal.The regional court in Vienna said Tuesday that the search of the BVT spy agency on Feb. 28 wasn't justified b...
-
Lawyers will seek to shift blame for warehouse fire at trial
Recent Cases 08/17/2018Lawyers for the two men charged in the Northern California warehouse fire that killed 36 people said Friday they are now preparing for a trial where they will try to shift blame for the blaze from their clients to others, including the building's own...
-
Zimbabwe's opposition challenges election results in court
Recent Cases 08/12/2018Zimbabwe's main opposition party on Friday filed a legal challenge to the results of the country's first election without Robert Mugabe on the ballot, alleging "gross mathematical errors" and calling for a fresh vote or a declaration that their candi...
Victorville CA DUI Lawyers - Drunk Driving Defense Attorney
If you fail a sobriety test or have a blood alcohol level above 0.8%, you are considered to be driving under the influence in which you will be arrested. During this time you will be read your Miranda rights and it is crucial to exercise your right to remain silent. As they say, “anything you say can and will be held against you in court.” The courtroom takes no mercy on drunk drivers and any statement you make during your arrest will only damage your case. The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case. Our Victorville CA DUI Lawyers attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you.