Politics

Lawrence: Justice Kavanaugh destroyed Trump immunity claim 25 years ago

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After Special Counsel Jack Smith asked the Supreme Court to take up Donald Trump’s claims of presidential immunity, MSNBC’s Lawrence O’Donnell analyzes a 25-year-old filing from Brett Kavanaugh that shoots down the legal arguments of the president who would go on to appoint him to the Supreme Court. 

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39 Comments

  1. @brad3378

    December 19, 2023 at 12:54 pm

    We got him this time!

  2. @boilerup9985

    December 19, 2023 at 12:54 pm

    If SC finds for djt, then the SC will be totally irrelevant

  3. @sydney13ism

    December 19, 2023 at 12:54 pm

    Let them grant immunity. Biden can then have Trump murdered.

  4. @christinewolfrom3425

    December 19, 2023 at 12:54 pm

    This is a shame

  5. @dougmacpherson2610

    December 19, 2023 at 12:54 pm

    Brett Kavanaugh will respect his previous opinion the same way he declared that he would be governed by stare decisis when he was being confirmed by the Senate.

  6. @dougmacpherson2610

    December 19, 2023 at 12:54 pm

    So what. Kavanaugh will brazenly vote for his boss despite anything he wrote before.

  7. @ronagoodwell2709

    December 19, 2023 at 12:54 pm

    Don't get too excited. Larry. Kavanaugh is a republican and, as such, can change his mind, 25 years or 25 minutes later. Why would you expect him to be consistent? You guys in the media are constantly over- or under -estimating these cut-rate demagogues.

  8. @davidclark573

    December 19, 2023 at 12:54 pm

    Lawrence you forgot that republicans on the Supreme court keep changing their minds. Did you forget three justices saying Roe was already litigated and then went on to relitigate it. Well Kavanaugh will do the same with this situation because his fuhrer trump is involved.

  9. @turkey0165

    December 19, 2023 at 12:54 pm

    Look, you leftist propagandist for Deep State can say anything you want, but your time is up and Donald Trump will be the 47th President Of The United Ststes!

  10. @VirginiaKennedy-wg1ot

    December 19, 2023 at 12:54 pm

    Trump Supreme Court Appointees are afraid of coming across to the public their owned by Trump

  11. @user-gs1fg7tf8k

    December 19, 2023 at 12:54 pm

    He Cannot! Is Not, NoT COME 2 Power! They All Need 2 Go. Somehow?? Anybody?? Suggestions??
    Stay Safe

  12. @edwinbathke2302

    December 19, 2023 at 12:54 pm

    I bet he never thought that his writings would come back to haunt him

  13. @dudleydoright2706

    December 19, 2023 at 12:54 pm

    Was Brett writing about Obama or Bill Clinton, but turns out it involves Donald Trump instead,,,,OOPs.

  14. @Ron-wm9ly

    December 19, 2023 at 12:54 pm

    if Trump goes to a country that he cannot be extradited from, will his government security go with him??

  15. @MarciaMatthews

    December 19, 2023 at 12:54 pm

    DJT committed hundreds of crimes while in office. Emoluments, conflicts of interest. He mishandled the Covid crisis, promoted quack theories, and encouraged rallies that were super-spreader events. When he caught Covid he kept it secret and exposed several others.

  16. @barbieyoung6608

    December 19, 2023 at 12:54 pm

    Let's hope this means something…

  17. @dbrown7733

    December 19, 2023 at 12:54 pm

    Ouch! We all knew that "presidential immunity" was bullsh*t. Now, let's proceed with trial!

  18. @gcharouhas

    December 19, 2023 at 12:54 pm

    It could be argued (and probably will) that what Kavanaugh meant was that IF the President is impeached by Congress AND removed from office, THEN he can be prosecuted.

  19. @jacquesroy3342

    December 19, 2023 at 12:54 pm

    is this the silent words we have been waiting….sleeping words are now awaken.

  20. @TrishMiller-xt8nr

    December 19, 2023 at 12:54 pm

    Yes, Yes, Yes 😊

  21. @RRL110

    December 19, 2023 at 12:54 pm

    Kavanaugh likely wrote that with Bill Clinton in mind. Their motto is rules are for the lil people and Democrats.

  22. @donaldclifford5763

    December 19, 2023 at 12:54 pm

    The issue isn't about crimes committed while in office. We're talking about presidential powers, for which he has absolute immunity. Nice try Larry.

  23. @bomccall5148

    December 19, 2023 at 12:54 pm

    The trash compactor is closing tighter than the USSR/CHINA TRUMP knows.

  24. @e51044

    December 19, 2023 at 12:54 pm

    Typical liberal word twisting to prove their own happy ending even if its a lie. Sir, Did you miss the part about being charged once impeached and removed from office by Congress?? Against his will?? . THEN criminal charges can be brought??? Trump is safe according to this statement of Kavanaughs written opinion.

  25. @danielobrien9502

    December 19, 2023 at 12:54 pm

    You assume Kavanaugh is a better man than he is. He will do whatever Leonard Leo tells him to do.

  26. @paulseitz672

    December 19, 2023 at 12:54 pm

    Isn’t he one of the justices who stated on camera that he would uphold Roe v Wade? Do we really think that he will honour a 25 year old article? He’ll probably claim that he was drinking beers when he wrote that…

  27. @user-im8jy1np5w

    December 19, 2023 at 12:54 pm

    If only this is true

  28. @moofamo8768

    December 19, 2023 at 12:54 pm

    Same Kavanaugh who said Roe v Wade was settled law……Kavanaugh has no integrity, sorry to say!!!

  29. @henry6451

    December 19, 2023 at 12:54 pm

    25 years ago. Totally irrelevant.

  30. @henry6451

    December 19, 2023 at 12:54 pm

    How is this relevant?
    Trump was not impeached.

  31. @michaellust2030

    December 19, 2023 at 12:54 pm

    An argument will be made that, since the constitutional passage cited says that "the Party convicted" will be liable for indictment, this does not apply to Trump, since he was not convicted. That is the essence of his "double-jeopardy" argument. However, that Fifth Amendment claim must also fail, since it prohibits only being "twice put in jeopardy of life or limb" for the same offense… and an impeachment does not entail any such jeopardy.

  32. @thiawroane

    December 19, 2023 at 12:54 pm

    Except that Kavanaugh is a hypocrite, inveterate liar and alcoholic…so his ruling is NOT worth the paper on which it was printed!

  33. @DianneLizzio

    December 19, 2023 at 12:54 pm

    OMG this Lawrence guy is getting a little woody over this; isn't he LOL

  34. @JellyBean-lo4sl

    December 19, 2023 at 12:54 pm

    If only past thoughts mattered.

  35. @jacko413

    December 19, 2023 at 12:54 pm

    Unfortunately, SCOTUS does not remember what they write or say before they become a member of the court. They have selective memory even if there is tape, writings or speech. SCOTUS no longer has integrity.

  36. @herbandlaurashea1767

    December 19, 2023 at 12:54 pm

    " Ilike beer-" i like this fratboy! Lol
    Article 1 – even better!

  37. @ktmurphy3096

    December 19, 2023 at 12:54 pm

    Real research, real reporting. Thanks.

  38. @altoSax4

    December 19, 2023 at 12:54 pm

    Past statements mean absolutely nothing. Hypocrisy knows NO bounds with these clowns. NONE.

  39. @hjjackson05

    December 19, 2023 at 12:54 pm

    You may have destroyed the prosecution! Your analysis is without merit the largest flaw being your implication that three of the judges are partisan and will rule along party lines. Judges have to be non-partisan. If one of those three judges is concerned about appearing to be partisan, he just may vote the other way. You ignore the power of the verbs should, appears and seems themselves. "Congress should establish that the president can be indicted….Congress established nothing.
    The framers thus appeared to anticipate, not that they DID anticipate.
    Those words seem to make the opinion arguable.

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