Dershowitz’s take on Kavanaugh confirmation, Mueller probe
Alan dershowitz Harvard law professor emeritus and author of e case against impeaching Trump at this point that this confirmation process that Cavanaugh ultimately confirmed well I would hope we could get politics out of the confirmation process we should be confirming the most qualified people in the country without regard to political benefit political gain I hate the idea that we’re going to see senators and swing States or senators and red States who are running for election that’s not the way the framers contemplated is being nominated to the Supreme Court and being confirmed a they had in mind the very best people went when President Hoover got a vacancy of Oliver Wendell Holmes perhaps the greatest judge in American history he said I want list of the 10 best people in America and his attorney general gave him the list and it had Benjamin Cardozo at the bottom of the list and the present looked in the list and said it’s a great list but it’s upside down Cardozo should be on the top and it’s attorney general 77 liberal he’s a Democrat he’s a Jew your Republicans are ready to do in the Supreme Court Hoover said I don’t care I want the best person possible and he appointed Benjamin Cardozo I wish we went back to those days but they’re long gone whether it be because of the Bork vacation or because of the way the Republicans stole the Merrick Garland nomination from Barack Obama wear today in a situation where it’s completely political and I think all Senator should keep an open mind should interview Cavanagh wait to hear his answers to see what he thinks of the power of precedent whether he’s going to start overruling cases and then cast their vote on the basis of the quality of the candidate not the political advantage or disadvantage they get from voting one way she was looking for judge with extraordinary credentials and intellect but also a judge who would strictly interpret the Constitution as written and not legislate From the Bench judge Brad Kavanagh has that Judicial philosophy is a proven record we remain confident that that before the fall is out that judge Brad Kavanagh will be Justice Red capital in very tight races now in states where the president one handling 2016 they all voted for Neil Gorsuch Gorsuch was a hard vote because he shouldn’t have been the nominee should have been Merrick garland that was a hard vote for Democrat I think that Cavanaugh is at least as qualified as is Gorsuch and likely in the end get confirmed but you know when Pence talks about judicial restraint and strict construction of the Constitution that becomes a cliche in Bush versus Gore the conservatives stretch the Constitution to apply equal protection analysis to the way ballots were were counted so each side stretches the Constitution when it serves their interest and reads it narrowly when it serves their interest what we’re looking for is a person who can be adjusted 23 2 years from now we don’t even know what the issues are going to be in 20-30 years abortion may be off the table we may have developed Technologies to eliminate the need for abortion gay rights probably will be an issue of historic interest we don’t know what the issues that’s what we need the most qualified brilliant academic serious people serving on the court without regard to what their current political interests are and just insist tend to change over time just to shoot it changed over time or a warrant they all changed and Felix Frankfurter started as a liberal became a conservative so you never know what address is you look like 20 to 30 years down it won’t even be that close about he’ll get 54 or 55 votes I think because the president selected well if he had picked if he had picked somebody for Less qualified who has strong ideas reviews it would be a closer books but I think Kevin all has an extraordinary experience and he’s very well thought if he taught at Harvard the students loved in many of the students both liberals and conservatives wrote a petition supporting him so I think unless something comes up that we’re not aware of I’m pretty sure he’ll be careful is still going after him and it and here’s one of his latest about recording the client and in the offense watch I found out that he was recording his client which is this barrable offense obviously obviously I knew that I would never said he was a reputable lawyer he was a scoundrel that’s the play now because looks like Michael cone is going to Flippy’s going to be squeezed and the fear pretty good with wherever he is usually is that he’s not a series of interviews on Sunday and did a few times earlier today was on Fox and Friends was also on CNN earlier today did a long long interview with that with Alisyn Camerota the only one has a voice of President Trump and about 10 or 12 at the most even deal with matters that related present from think this is this is from Fox & Friends early soundbite number 5 shall we all right as we wait there she was here Julian she did with us more than taxi Medallion Chase bank loans I have no reason to believe they’re illegal probable cause I hear you fine I’ve heard you the whole time I don’t know why you couldn’t see me or hear me but that’s technology Michael Cohen is doing this suggests that this is because he’s afraid of jail time remain loyal to president Trump butt you just have him and squeeze they may have information about his taxi medallions about other kinds of issues that’s what they’re doing with man afford to as judge Ellis said they’re not interested in Mana for their it didn’t matter for testifying against Trump fighting information is Judge Ellis said you have to worry not only about squeezed Witnesses singing But about them composing making up stories elaborating on story cuz they know the better the story the better the deal they’re going to get and that’s the great fear when you deal with Witnesses like that and try to prosecute them in order to get them to testify against other people I used to teach my first-year students at Harvard if you’re going to commit a crime in America always committed with somebody more important than you are so you can turn them in and they can turn you in and that’s the play it’s going on home tomorrow opening day for his case entirely without references to the campaign Giuliani said just this morning he was part of this campaign for four months and that was it what’s important to watch in manafort’s trial I think he’s been in solitary confinement now for about 2 months behind bars what do we look for them what we look for is whether the prosecution tries to hit at his relationships with Trump his lawyers will try to keep that out cuz they don’t want him to be prejudiced by association with the president who has the borders but also has anime so we’ll see whether or not the prosecution tries to introduce anything regarding Trump or whether this is a pure trial of Mana 440 did years and years earlier and will look to see how the judge rules that is not sympathetic to this prosecution and I suspect that will see that and some his rulings ultimately will the decision made here say about the Mueller investigation Wisin remedies also standing trial in District of Columbia where he’s less likely to get sympathetic jury District Plumbing is heavily Democratic where is the Virginia jury pool is likely to be mixed between Democrats and Republicans so they have to that him and they’re hoping to succeeding at least one of them and then put the pressure on him to succeed say to him look you have two choices died in prison or testify against your former associate and most people will take the testify action rather than the die in prison optionHarvard Law professor emeritus offers his legal expertise on the Supreme Court confirmation battle and Manafort trial.
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