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Cato Podcast

Kavanaugh’s Record on Executive Power and Surveillance

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 12 July 2018

⏱️ 15 minutes

🧾️ Download transcript

Summary

Brett Kavanaugh has extensive experience in federal executive branch matters, either as an investigator or staffer. What does his record show about how he might rule on executive power and federal surveillance if he is elevated to the Supreme Court? Gene Healy comments.

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Transcript

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0:00.0

This is the Cano Daily Podcast for Thursday, July 12, 2018. I'm Caleb Brown.

0:10.0

Federal judges often defer to the executive when it comes to assertions of national security and presidential prerogatives.

0:16.5

Where does Supreme Court nominee Brett Kavanaugh come down on those issues?

0:20.5

Jean Healy, a vice president at the Cato Institute, comments.

0:24.8

Courts tend to defer to presidents on national security matters and lower courts take their

0:32.3

marching orders. it seems from the Supreme Court, which is fairly

0:37.2

deferential. What does that mean in terms of the nomination of Brett Kavanaugh to the Supreme Court?

0:44.7

Well, he's got an enormously long paper trail.

0:48.2

He's been a appellate judge for 12 years.

0:51.9

He's written nearly 300 opinions.

0:55.0

In many cases, those opinions will be governed to some extent by controlling precedent.

1:05.1

So there, you know, it's possible

1:08.3

that some of these things may be taken out of context.

1:15.2

And that's one concern that apparently

1:18.4

Mitch McConnell has expressed with nominating a judge with an extensive paper trail.

1:25.0

With respect to presidential power,

1:29.0

Brett Kavanagh has some pretty unique experience and that experience has led him to say that you know during a

1:38.1

President's term maybe we should shield that person from investigations or some sort of

1:46.5

some direct questioning related to investigations? Well I think he does he

1:51.0

does have a long track record of involvement in the executive branch.

1:58.0

He's been compared to somebody compared him to Zellig from the Woody Allen movie.

2:03.2

He's shown up in just about every conservative

...

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