President Donald Trump on Monday announced BrettKavanaugh as his nominee for the U.S. Supreme Court, picking a conservative federal appeals court judge who survived a previous tough Senate confirmation battle and helped investigate Democratic former President Bill Clinton in the 1990s.
In picking the 53-year-old Kavanaugh, Trump aimed to entrench conservative control of the court for years to come with his second lifetime appointment to the nation’s highest judicial body in his first 18 months as president.
Kavanaugh now faces what appears to be another fierce fight for confirmation in the Senate, where Trump’s fellow Republicans hold a slim majority. If confirmed, Kavanaugh would replace long-serving conservative Justice Anthony Kennedy, who announced his retirement on June 27 at age 81.
“Throughout legal circles he’s considered a judge’s judge, a true thought leader among his peers,” Trump, who named conservative Justice Neil Gorsuch to the court last year, told an applauding audience in the White House East Room.
“He’s a brilliant jurist with a clear and effective writing style, universally regarded as one of the finest and sharpest legal minds of our time. And just like Justice Gorsuch, he excelled as a legal clerk for Justice Kennedy,” Trump added, saying his nominee “deserves a swift confirmation and robust bipartisan support.”
Kavanaugh has amassed a solidly conservative judicial record since 2006 on the influential U.S. Court of Appeals for the District of Columbia Circuit, the same court where three current justices including Chief Justice John Roberts previously served. Some conservative activists have questioned whether he would rule sufficiently aggressively as a justice.
Kavanaugh potentially could serve on the high court for decades. Trump’s other leading candidates for the post were fellow federal appellate judges Thomas Hardiman, Raymond Kethledge and Amy Coney Barrett.
“My judicial philosophy is straightforward: a judge must be independent and must interpret the law, not make the law. A judge must interpret statutes as written. And a judge must interpret the Constitution as written, informed by history, and tradition and precedent,” Kavanaugh said during the ceremony in which he underscored his ties to his family and his Roman Catholic faith.
Kavanaugh served as a senior White House official under Republican former President George W. Bush before Bush picked nominated him to the appeals court in 2003. But some Democrats accused him of excessive partisanship and it took three years before the Senate eventually voted to confirm him.
Kavanaugh worked for Kenneth Starr, the independent counsel whose investigation of Clinton helped spur an effort by congressional Republicans in 1998 and 1999 to impeach the Democratic president and remove him from office. Kavanaugh in 2009 changed his tune on the Starr probe, arguing that presidents should be free from civil lawsuits, criminal prosecutions and investigations while in office.
Trump defeated Clinton’s wife, Hillary Clinton, in the 2016 presidential election and has disparaged both Clintons.
Democrats in the past also have pointed to Kavanaugh‘s work for Bush during the recount fight in the pivotal state of Florida in the 2000 presidential election, a controversy that was resolved only after the conservative-majority Supreme Court sided with Bush over Democratic candidate Al Gore, settling the election outcome.
Kavanaugh once served as a Supreme Court clerk under Kennedy.
The appointment will not change the ideological breakdown of a court that already has a 5-4 conservative majority, but nevertheless could move the court to the right. Kennedy sometimes joined the liberal justices on key rulings on divisive social issues like abortion and gay rights, a practice his replacement may not duplicate.
Kennedy, 81, announced on June 27 plans to retire after three decades on the court, effective on July 31.
Republicans hold a slim 51-49 majority in the Senate, though with ailing Senator John McCain battling cancer in his home state of Arizona they currently can muster only 50 votes. Without Republican defections, however, Senate rules leave Democrats with scant options to block confirmation of Trump’s nominee.
“President Trump has made a superb choice. Judge Brett Kavanaugh is an impressive nominee who is extremely well qualified to serve as an Associate Justice of the Supreme Court of the United States,” said Senate Majority Leader Mitch McConnell, who earlier in the day accused the “far left” of “scare tactics” to try to thwart the nomination.
A group of Democratic senators from Republican-leaning states – lawmakers who could be pivotal in the confirmation fight – declined Trump’s invitation to attend the White House announcement.
Trump last year appointed Gorsuch, who has already become one of the most conservative justices, after Senate Republicans in 2016 refused to consider Democratic former President Barack Obama’s nominee Merrick Garland to fill a vacancy left by the death of conservative Justice Antonin Scalia. As a result, Democrats have accused Republicans of stealing a Supreme Court seat. Gorsuch restored the court’s conservative majority.
Democrats are certain to press Trump’s latest nominee on the landmark 1973 Roe v. Wade ruling that legalized abortion nationwide, a decision some conservatives – particularly conservative Christians – have long wanted to overturn.
Trump has previously said he wanted “pro-life” justices opposed to abortion rights. Top Senate Democrat Chuck Schumer earlier on Monday said Trump’s nominee should be obligated to make his or her views clear on matters like the Roe ruling.
The new justice can be expected to cast crucial votes on other matters of national importance including gay rights, gun control, the death penalty and voting rights. The court could also be called upon to render judgment on issues of personal significance to Trump and his administration including matters arising from Special Counsel Robert Mueller’s ongoing Russia-related investigation and several civil lawsuits pending against Trump.
The timing of the nomination means that Kennedy’s replacement could be confirmed before the start of the Supreme Court’s next term on the first Monday in October.
Court Orders White House to give Jim Acosta his hard pass back
Federal judge Timothy J. Kelly sided with CNN on Friday, ordering the White House to reinstate chief White House correspondent Jim Acosta’s press pass.
The ruling was an initial victory for CNN in its lawsuit against President Trump and several top aides.
The lawsuit alleges that CNN and Acosta’s First and Fifth Amendment rights are being violated by the suspension of Acosta’s press pass.
Kelly did not rule on the underlying case on Friday. But he granted CNN’s request for a temporary restraining order.
This result means that Acosta will have his access to the White House restored for at least a short period of time. The judge said while explaining his decision that he believes that CNN and Acosta are likely to prevail in the case overall.
CNN is also asking for “permanent relief,” meaning a declaration from the judge that Trump’s revocation of Acosta’s press pass was unconstitutional. This legal conclusion could protect other reporters from retaliation by the administration.
“The revocation of Acosta’s credentials is only the beginning,” CNN’s lawsuit alleged, pointing out that Trump has threatened to strip others’ press passes too.
That is one of the reasons why most of the country’s major news organizations have backed CNN’s lawsuit, turning this into an important test of press freedom.
But the judge will rule on all of that later. Further hearings are likely to take place in the next few weeks, according to CNN’s lawyers.
CNN sues President Trump for banning reporter Jim Acosta
CNN is filing a lawsuit against President Trump and several of his aides, seeking the immediate restoration of chief White House correspondent Jim Acosta’s access to the White House.
The lawsuit is a response to the White House’s suspension of Acosta’s press pass, known as a Secret Service “hard pass,” last week. The suit alleges that Acosta and CNN’s First and Fifth Amendment rights are being violated by the ban.
The suit is being filed in U.S. District Court in Washington, D.C. on Tuesday morning, a CNN spokeswoman confirmed.
Both CNN and Acosta are plaintiffs in the lawsuit. There are six defendants: Trump, chief of staff John Kelly, press secretary Sarah Sanders, deputy chief of staff for communications Bill Shine, Secret Service director Joseph Clancy, and the Secret Service officer who took Acosta’s hard pass away last Wednesday. The officer is identified as John Doe in the suit, pending his identification.
The six defendants are all named because of their roles in enforcing and announcing Acosta’s suspension.
Last Wednesday, shortly after Acosta was denied entry to the White House grounds, Sanders defended the unprecedented step by claiming that he had behaved inappropriately at a presidential news conference. CNN and numerous journalism advocacy groups rejected that assertion and said his pass should be reinstated.
On Friday, CNN sent a letter to the White House formally requesting the immediate reinstatement of Acosta’s pass and warning of a possible lawsuit, the network confirmed.
In a statement on Tuesday morning, CNN said it is seeking a preliminary injunction as soon as possible so that Acosta can return to the White House right away, and a ruling from the court preventing the White House from revoking Acosta’s pass in the future.
“CNN filed a lawsuit against the Trump Administration this morning in DC District Court,” the statement read. “It demands the return of the White House credentials of CNN’s Chief White House correspondent, Jim Acosta. The wrongful revocation of these credentials violates CNN and Acosta’s First Amendment rights of freedom of the press, and their Fifth Amendment rights to due process. We have asked this court for an immediate restraining order requiring the pass be returned to Jim, and will seek permanent relief as part of this process.”
CNN also asserted that other news organizations could have been targeted by the Trump administration this way, and could be in the future.
“While the suit is specific to CNN and Acosta, this could have happened to anyone,” the network said. “If left unchallenged, the actions of the White House would create a dangerous chilling effect for any journalist who covers our elected officials.”
Acosta has continued to do part of his job, contacting sources and filing stories, but he has been unable to attend White House events or ask questions in person — a basic part of any White House correspondent’s role.
Acosta is on a previously scheduled vacation this week. He declined to comment on the lawsuit.
On CNN’s side, CNN Worldwide chief counsel David Vigilante is joined by two prominent attorneys, Ted Boutrous and Theodore Olson. Both men are partners at Gibson, Dunn & Crutcher.
Last week, before he was retained by CNN, Boutrous tweeted that the action against Acosta “clearly violates the First Amendment.” He cited the Sherrill case.
“This sort of angry, irrational, false, arbitrary, capricious content-based discrimination regarding a White House press credential against a journalist quite clearly violates the First Amendment,” he wrote.
David McCraw, the top newsroom lawyer at The New York Times, said instances of news organizations suing a president are extremely rare.
Past examples are The New York Times v. U.S., the famous Supreme Court case involving the Pentagon Papers in 1971; and CNN’s 1981 case against the White House and the broadcast networks, when CNN sued to be included in the White House press pool.
The backdrop to this new suit, of course, is Trump’s antipathy for CNN and other news outlets. He regularly derides reporters from CNN and the network as a whole.
Abrams posited on “Reliable Sources” on Sunday that CNN might be reluctant to sue because the president already likes to portray the network as his enemy. Now there will be a legal case titled CNN Inc. versus President Trump.
But, Abrams said, “this is going to happen again,” meaning other reporters may be banned too.
“Whether it’s CNN suing or the next company suing, someone’s going to have to bring a lawsuit,” he said, “and whoever does is going to win unless there’s some sort of reason.”
US attorney general Jeff Sessions fired by Trump
Attorney General Jeff Sessions has resigned as the country’s chief law enforcement officer at President Donald Trump’s request.
Sessions announced his plan to resign in a letter to the White House on Wednesday.
Trump announced in a tweet that Sessions’ chief of staff Matt Whitaker would become the new acting attorney general.
The attorney general had endured more than a year of stinging and personal criticism from Trump over his recusal from the investigation into potential coordination between Russia and the Trump campaign.
Trump blamed the decision for opening the door to the appointment of special counsel Robert Mueller, who took over the Russia investigation and began examining whether Trump’s hectoring of Sessions was part of a broader effort to obstruct justice.
1973-1975 – Practices law in Alabama.
1975-1977 – Assistant US Attorney for the Southern District of Alabama.
1981-1993 – US Attorney for the Southern District of Alabama.
1986 – President Ronald Reagan nominates Sessions to become a federal judge. The Senate Judiciary Committee opposes the nomination following testimony that Sessions made racist remarks and called the NAACP and ACLU “un-American.”
1995-1997- Alabama Attorney General. During this time, an Alabama judge accuses Sessions of prosecutorial misconduct related to the handling of evidence in a case but ultimately, Sessions is not disciplined for ethics violations.
1996 – Elected to the US Senate. Re-elected in 2002, 2008 and 2014.
1997–February 2017 – Republican senator representing Alabama.
February 2, 2009 – Votes in favor of the confirmation of Eric Holder as attorney general.
April 23, 2015 – Votes against the confirmation of Loretta Lynch as attorney general.
February 28, 2016 – Becomes the first sitting US senator to endorse Donald Trump’s presidential bid.
January 3, 2017 – An NAACP sit-in to protest the nomination of Sessions as US attorney general ends when six people are arrested at Sessions’ Mobile, Alabama, office.
February 8, 2017 – After 30 hours of debate, the US Senate confirms Sessions as attorney general by a 52-47 vote.
March 1, 2017 – The Washington Post reports that Sessions failed to disclose pre-election meetings with the top Russian diplomat in Washington. Sessions did not mention either meeting during his confirmation hearings when he said he knew of no contacts between Trump surrogates and Russians.
March 2, 2017 – Sessions recuses himself from any involvement in a Justice Department probe into links between the Trump campaign and Moscow.
March 10, 2017 – The DOJ abruptly announces the firing of 46 US attorneys, including Preet Bharara of New York. Bharara said that during the transition, Trump asked him to stay on during a meeting at Trump Tower.
April 3, 2017 – The Department of Justice releases a memorandum ordering a review of consent decrees and other police reforms overseen by the federal government in response to complaints of civil rights abuses and public safety issues. During his confirmation hearing, Sessions expressed skepticism about the effectiveness of Justice Department interventions in local police matters.
July 21, 2017 – The Washington Post reports that Sessions discussed policy-related matters with Russian ambassador, Sergey Kislyak before the 2016 election, according to intelligence intercepts. Sessions had previously claimed that he did not talk about the campaign or relations with Russia during his meetings with Kislyak.
October 4, 2017 – In a memo to all federal prosecutors, Sessions says that a 1964 federal civil rights law does not protect transgender workers from employment discrimination and the department will take this new position in all “pending and future matters.”
November 14, 2017 – During a House judiciary committee hearing, Sessions says he did not lie under oath in earlier hearings regarding communications with Russians during the 2016 presidential campaign, and denies participating in any collusion with Russia. Sessions also says the DOJ will consider investigations into Hillary Clinton and alleged ties between the Clinton Foundation and the sale of Uranium One.
January 4, 2018 – Sessions announces that the DOJ is rescinding an Obama-era policy of non-interference with states that have legalized recreational marijuana. The reversal frees up federal prosecutors to pursue cases in states where recreational marijuana is legal.
March 21, 2018 – Sessions issues a statement encouraging federal prosecutors to seek the death penalty for certain drug-related crimes, as mandated by law. Seeking capital punishment in drug cases is part of the Trump administration’s efforts to combat opioid abuse.
May 7, 2018 – Sessions announces a “zero tolerance” policy for illegal border crossings, warning that parents could be separated from children if they try to cross to the US from Mexico. “If you cross the border unlawfully, even a first offense, we’re going to prosecute you. If you’re smuggling a child, we’re going to prosecute you, and that child will be separated from you, probably, as required by law. If you don’t want your child to be separated, then don’t bring them across the border illegally.”
May 30, 2018 – Trump again expresses regret for choosing Sessions to lead the Justice Department. In a tweet, he quotes a remark from Rep. Trey Gowdy (R-SC) who said that the president could have picked someone else as attorney general. “I wish I did!,” Trump tweeted. He had first said that he was rethinking his choice of Sessions as attorney general during a July 2017 interview with the New York Times.
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