In an interview with the Washington Post, Newt Gingrich admitted that a major reason behind the fight waged by Republicans to confirm Brett Kavanaugh to the Supreme Court was to help provide cover for Donald Trump:
During a live interview on Oct. 25 at The Washington Post, former House Speaker Newt Gingrich said that if Democrats re-take control of the U.S. House of Representatives in the 2018 midterm elections and subpoena the president’s tax returns, it would likely force a fight in the U.S. Supreme Court. “And,” Gingrich said,”we’ll see whether or not the Kavanaugh fight was worth it.”
Newt Gingrich was referring to the prospect of attempts to subpoena Donald Trump’s tax returns. There are also many other potential subpoenas that Donald Trump could face with regards to the Mueller investigation. New Gingrich was not just blowing smoke about how much of a help Brett Kavanaugh could be to Donald Trump with regards to subpoenas. Brett Kavanaugh has stated that he does not believe the President should be subject to any subpoenas:
Kavanaugh suggested in remarks during a roundtable discussion about executive privilege first reported on by The Associated Press that the case was possibly “wrongly decided” when it held that a president can be subject to a criminal subpoena of information by a special prosecutor. He said, “Nixon took away the power of the president to control information in the executive branch by holding that the courts had power and jurisdiction to order the president to disclose information in response to a subpoena sought by a subordinate executive branch official.”
In other words, a president should not have to answer to employees, including lawyers in the special counsel’s office.
There are also a number of other potential issues involving Donald Trump that could possibly make it to the Supreme Court, such as attempting to stop the Mueller investigation. The first option for covering up the Mueller investigation’s findings would be to fire Robert Mueller. How do you fire Robert Mueller? Well, first you fire Rod Rosenstein, which could be why the NY Times story about Rosenstein came out: as a pretext for him to be fired. Then, after firing Rosenstein, Trump could argue that he has the right to fire Mueller.
If he does not name a replacement for Rod Rosenstein, oversight of the Mueller investigation would go to the solicitor general, Noel Francisco, who, while not making known if he would fire Robert Mueller himself, has argued in the past that the President can fire anyone in his administration and may use that argument to deem it is within Trump’s right to fire Robert Mueller.
If Trump goes down this path, it could end up going to the Supreme Court, because legal justification for Trump to follow this course of action lacks precedent. If it goes to the Supreme Court, Brett Kavanaugh could end up being the deciding vote. Guess what Brett Kavanaugh previously stated about his opinion of a President firing a special counsel:
In a 1998 article in the Georgetown Law Journal, Kavanaugh wrote that Congress should give the president the ability to fire special counsels, an opinion that Democrats have highlighted in the hours since he was nominated Monday evening.
If Trump decides against trying to stop the Mueller investigation altogether, he might try instead to keep the findings that were uncovered by the Mueller investigation from being shared with the public, a strategy that has already been floated by Rudy Giuliani.
Trump lawyer Rudy Giuliani said that the administration may claim executive privilege to block Deputy Attorney General Rod Rosenstein from releasing Special Counsel Robert Mueller’s report when the investigation is finished, according to a New Yorker report.
Giuliani claims that President Donald Trump’s original legal team—which has undergone many mutations since—cut a deal with Mueller that that the White House can object to public dissemination of information from the probe on the grounds of executive privilege.
When asked if the White House is likely to invoke this clause, Giuliani was frank: “I’m sure we will.”
This leads to one simple question: why would the Trump legal team already know that they will try to block Mueller’s report from being made public? They don’t even know what is in Mueller’s report yet. It could completely exonerate Donald Trump. The only reasonable answer to why they already know they will try to block the report from being made public is that they know the report will show that Donald Trump is guilty of crimes, such as obstruction of justice and conspiracy against the United States.
They know Trump is guilty. They also know that, as President, he can fight against being tried in a court of law. So, they are going to attempt to try the case in the court of public opinion instead, in the hopes that they will be able to persuade enough Republicans in Congress from voting to impeach Donald Trump. And keeping a report, which they are sure will show Trump to be guilty, from ever seeing the light of day is the best defense they have.
If they attempt to block the report from being seen by the public, this will likely result in a court battle that will end up in front of the Supreme Court. This is why Brett Kavanaugh was nominated by Donald Trump. By confirming Brett Kavanaugh to the Supreme Court, in the face of public opposition, obvious perjury, and credible sexual assault accusations, the Republicans in the Senate made it clear that one of their top priorities is to assist in covering up for Donald Trump. This is something many have guessed. Newt Gingrich just said it loud.