Kavanaugh, Unlike Gorsuch, Stays Mum on Trump's Attacks on Federal Judges
“I've maintained I'm not going to get within three ZIP codes of a political controversy here,” Kavanaugh said. He would add: “The way we stand up is by deciding cases and controversies independently without fear or favor."
September 06, 2018 at 06:10 PM
4 minute read
U.S. Supreme Court nominee Brett Kavanaugh refused to comment on President Donald Trump's frequent criticisms of the federal judiciary, insisting that he would not get “within three ZIP codes” from any political controversy during the third day of his confirmation hearing.
Sen. Richard Blumenthal, D-Connecticut, pressed Kavanaugh repeatedly to react to Trump's statement in 2016 that Justice Ruth Bader Ginsburg “embarrassed us all,” for having criticized Trump, and the 41 tweets in which he has disparaged federal judges. In a series of interviews, Ginsburg had criticized then-candidate Trump as a “faker,” which she later said was ill-advised.
Kavanaugh said Thursday that asking him to comment on the statements of others would improperly drag him into politics. “I've maintained I'm not going to get within three ZIP codes of a political controversy here,” he stated.
Speaking more generally, Kavanaugh told Blumenthal, “I've spoken about my respect and appreciation for the eight justices on the Supreme Court, the honor it would be if I were to be confirmed to be part of that team of nine with those eight people, all whom I know and I respect, and I know they're all dedicated public servants who've given a great deal to this country. I've made that clear throughout this hearing.”
Kavanaugh's reaction contrasts with the answer to a similar question Blumenthal asked of Trump's first Supreme Court nominee, Neil Gorsuch, at his confirmation hearing in March 2017.
“When anyone criticizes the honesty, integrity, the motives of a federal judge, well, I find that disheartening, I find that demoralizing, because I know the truth,” Gorsuch said then.
Blumenthal asked if that included the president, and Gorsuch replied, “Anyone is anyone.”
Gorsuch had already made similar comments to Blumenthal before the hearings, and when the words “disheartening” and “demoralizing” leaked out to the news media, Trump was reportedly furious at Gorsuch's lack of loyalty, according to “The Most Dangerous Branch,” a new book by legal writer David Kaplan.
When Gorsuch was asked by his nomination guide Kelly Ayotte to “walk back” his prehearing remarks, Gorsuch said he'd “get on a plane and fly home to Colorado tonight” if the pressure continued, according to Kaplan's reporting.
Blumenthal told Kavanaugh on Thursday that “the judiciary and nominees, like yourself, have an obligation to stand up for the judiciary.”
Kavanaugh replied, “The way we stand up is by deciding cases and controversies independently without fear or favor. Beyond that, we follow the canons and the leadership of Chief Justice Roberts who is a superb leader of the American judiciary in terms of maintaining the independence of the judiciary and staying well clear of political controversy.”
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