• Revision ID 91087 REVISION
  • 2018-10-10 13:22:44
  • by Jimmy Wales (talk | contribs)
  • Note: tried to reach 3 conclusions... 2 down, 1 to go?
 
   
Title Title
Fact check: Dianne Feinstein's claims about the president's supreme court nominee Fact check: Dianne Feinstein's claims about the president's supreme court nominee
Summary Summary
Help us fact check Senator Dianne Feinstein's claims about comments made by supreme court nominee Brett Kavanaugh Help us fact check Senator Dianne Feinstein's claims about comments made by supreme court nominee Brett Kavanaugh
Highlights Highlights
Content Content
The U.S congress member Senator Dianne Feinstein <a href="https://twitter.com/SenFeinstein/status/1033068067687948289">wrote a tweet </a> in which she said that the president's supreme court nominee, Brett Kavanaugh, had made several past claims about the rights of sitting presidents. The U.S congress member Senator Dianne Feinstein <a href="https://twitter.com/SenFeinstein/status/1033068067687948289">wrote a tweet </a> in which she said that the president's supreme court nominee, Brett Kavanaugh, had made several past claims about the rights of sitting presidents.
https://twitter.com/SenFeinstein/status/1033068067687948289 https://twitter.com/SenFeinstein/status/1033068067687948289
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<strong>Claims: </strong> <strong>Claims: </strong>
  According to Feinstein, Kavanaugh has claimed three things:
  <ol>
   <li>"sitting presidents can NOT be prosecuted,"</li>
   <li>"should NOT be investigated,"</li>
According to Feinstein, Kavanaugh said "sitting presidents can NOT be prosecuted, should NOT be investigated, and should have the authority to fire a special counsel AT WILL".   <li>"and should have the authority to fire a special counsel AT WILL".</li>
  </ol>
<strong>Fact Check: </strong> <strong>Fact Check: </strong>
  Claim 1:
During a conference at Georgetown Law School in 1998, Kavanaugh raised his hand to answer "yes" to a question asked by the moderator - "How many of you believe, as a matter of law, that a sitting president cannot be indicted during the term of office?". <a href="https://www.politico.com/blogs/under-the-radar/2018/07/11/brett-kavanaugh-president-indicted-709641">Politico has covered the story here. </a> During a conference at Georgetown Law School in 1998, Kavanaugh raised his hand to answer "yes" to a question asked by the moderator - "How many of you believe, as a matter of law, that a sitting president cannot be indicted during the term of office?". <a href="https://www.politico.com/blogs/under-the-radar/2018/07/11/brett-kavanaugh-president-indicted-709641">Politico has covered the story here. </a>
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[embed]https://www.politico.com/blogs/under-the-radar/2018/07/11/brett-kavanaugh-president-indicted-709641[/embed] [embed]https://www.politico.com/blogs/under-the-radar/2018/07/11/brett-kavanaugh-president-indicted-709641[/embed]
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In a 2009 article published on <a href="http://www.minnesotalawreview.org/wp-content/uploads/2012/01/Kavanaugh_MLR.pdf">Minnesota law review</a>, Kavanaugh wrote, "With that in mind, it would be appropriate for Congress to enact a statute providing that any personal civil suits against presidents, like certain members of the military, be deferred while the President is in office".  Also, in a 2009 article published on <a href="http://www.minnesotalawreview.org/wp-content/uploads/2012/01/Kavanaugh_MLR.pdf">Minnesota law review</a>, Kavanaugh wrote, "With that in mind, it would be appropriate for Congress to enact a statute providing that any personal civil suits against presidents, like certain members of the military, be deferred while the President is in office".
He continued: "Deferral would allow the President to focus on the vital duties he was elected to perform." He continued: "Deferral would allow the President to focus on the vital duties he was elected to perform."
He also wrote, "Congress should consider doing the same, moreover, with respect to criminal investigations and prosecutions of the President. In particular, Congress might consider a law exempting a President—while in office—from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel." He also wrote, "Congress should consider doing the same, moreover, with respect to criminal investigations and prosecutions of the President. In particular, Congress might consider a law exempting a President—while in office—from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel."
  Since a full prosecution of a case depends on there first being an indictment, the first claim is <strong>true</strong>.  Kavanaugh's position is that a sitting President can not be indicted.  (Though an indictment and prosecution could be deferred until after the President has left office.)
  The second claim, that the President "should NOT be investigated" is also <strong>true</strong>.  Kavanaugh has specifically argued that Congress should consider a law exempting the President from criminal prosecution and investigation.
Help us fact check Feinstein's claims by directly adding references and sources to this draft. The third claim... do you have anything to add here?  Specifically about dismissing a special counsel at will?
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Categories Categories
General, Politics, United States, Politics General, Politics, United States, Politics
Article type Article type
report report
Tags Tags
Brett Kavanaugh, Dianne Feinstein, Donald J Trump, Supeme Court Brett Kavanaugh, Dianne Feinstein, Donald J Trump, Supeme Court
Author byline Author byline
Yes Yes
Has hero Has hero
No Yes
Hero Alignment Hero Alignment
full full
Hero Image URL Hero Image URL
None None
Featured Image URL Featured Image URL
Sources Sources

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