Offbeat Brett Kavanaugh's Pro-Surveillance Record Could Haunt Him In SCOTUS Fight

01:05  13 july  2018
01:05  13 july  2018 Source:   huffingtonpost.com

Liberals attack Brett Kavanaugh for 'frat boy' name

  Liberals attack Brett Kavanaugh for 'frat boy' name The latest line of attack from liberals against Brett Kavanaugh, President Trump’s nominee for the Supreme Court, is knocking the judge for his “frat boy”-sounding first name. “We'll be D***ED if we're going to let five MEN—including some frat boy named Brett—strip us of our hard-won bodily autonomy and reproductive rights,” the influential pro-choice organization NARAL tweeted Tuesday.Comedian Stephen Colbert of CBS’ “The Late Show” also mocked Kavanaugh’s name.“Now I don’t know much about Kavanaugh, but I’m skeptical because his name is Brett,” Colbert said during the monologue on his show Tuesday.

Kavanaugh also had a key role wr # Kavanaugh ’ s , #words, #presidential, #probes, #come, #back, # haunt #ChuckSchumer, #BillClinton Democrats Lose Their Cool As Trump Picks Brett Kavanaugh For SCOTUS (Full Compilation) - Продолжительность: 59:58 kytekuttertv 1 288 просмотров.

Dahlia Lithwick, legal correspondent and senior editor for Slate.com, talks with Rachel Maddow about Brett Kavanaugh ' s previously stated position on whether a sitting president can be indicted, and the role that likely played in Donald Trump choosing him for the Supreme Court .

a man wearing a suit and tie smiling at the camera © Chip Somodevilla via Getty Images

WASHINGTON ― In their efforts to derail the nomination of Brett Kavanaugh, President Donald Trump’s pick to the Supreme Court, Democrats are mainly focusing on abortion and health care as two issues they hope will convince some moderate senators on both sides of the aisle to oppose him.

But another area that could give his bid for the high court some trouble is his view regarding Americans’ right to privacy.

In 2015, Kavanaugh wrote a concurring opinion with the U.S. Court of Appeals for the D.C. Circuit affirming the constitutionality of the National Security Agency’s warrantless phone records collection program. The controversial program had been revealed in 2013 with the help of Edward Snowden, a former intelligence contractor who had leaked classified documents about the government’s surveillance of the American public to the press. The NSA, it turns out, had for years been secretly collecting telephone metadata — allowing the government to see whom a person calls, but not what was said — from major American phone companies.

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Kavanaugh wrote at the time that he felt that the “critical national security need outweighs the impact on privacy” and joined other judges on the court in declining to rehear a case challenging the program under Fourth Amendment grounds.

The opinion might be of particular interest to Sen. Rand Paul (R-Ky.), who has established himself as a vocal opponent of the bulk metadata collection program. In May 2015, Paul spoke for over 10 hours on the Senate floor demanding a halt to the NSA’s collection of ordinary Americans’ phone data. However, he was ultimately unable to block the program from being reinstated outright: The Senate voted 67-32 to reauthorize it with some modest reforms, including where the data was stored.

Democratic Rep Pulls Out Coat Hanger to Proclaim Her Opposition to Brett Kavanaugh

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Brett Michael Kavanaugh (born February 12, 1965) is a United States Circuit Judge of the United States Court of Appeals for the District of Columbia Circuit.

3 ways SCOTUS pick Kavanaugh could impact your wallet. " Brett Kavanaugh has an atrocious track record when it comes to Internet freedom," Evan Greer, deputy director of Fight for the Future, which advocates for net neutrality, said in an email.

But Paul has been tight-lipped about Kavanaugh this week, stating that he was looking forward to meeting with the nominee and reviewing his record.

“I don’t have anything new for you today. I’m keeping an open mind and we’ll follow the process,” Paul told HuffPost when asked about the 2015 D.C. Circuit Court opinion.

Paul opposing one of Trump’s nominees would not be unprecedented. Earlier this year, he voted against the nomination of Gina Haspel to lead the CIA over her role in that agency’s controversial detainee interrogation program. But the Kentucky Republican, who is friendly with Trump, has largely supported the president’s nominees. He dropped his initial opposition to Mike Pompeo to lead the State Department, for example, after previously pledging to do “whatever it takes” to stop his nomination over his views on the Iraq War.

Sen. Rand Paul (R-Ky.) is trailed by reporters as he arrives for the weekly Senate Republican caucus luncheon at the U.S. Capitol in Washington on May 22, 2018. © Jonathan Ernst / Reuters Sen. Rand Paul (R-Ky.) is trailed by reporters as he arrives for the weekly Senate Republican caucus luncheon at the U.S. Capitol in Washington on May 22, 2018.

Rep. Justin Amash (R-Mich.), a privacy advocate who often sides with Paul on matters of civil liberties, this week blasted Kavanaugh’s track record in Fourth Amendment cases, calling him a “disappointing pick.”

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“Future decisions on the constitutionality of government surveillance of Americans will be huge,” Amash said on Twitter while citing Kavanaugh’s opinion on NSA surveillance. “We can’t afford a rubber stamp for the executive branch.”

Trump’s first Supreme Court appointee, Neil Gorsuch, ruled several times against law enforcement and in favor of privacy protections while serving on Colorado’s 10th Circuit Court. Some observers even said he could be the “next swing vote on Fourth Amendment issues.”

“Kavanaugh is not another Gorsuch — not even close,” Amash tweeted.

Paul previously told a reporter he was looking to support a Supreme Court nominee who agreed with Gorsuch on privacy.

The GOP’s majority in the Senate is so slim ― with Sen. John McCain (R-Arizona) still absent because of his health ― that losing one vote could imperil Kavanaugh’s chances for confirmation.

Privacy advocates are also concerned about another opinion Kavanaugh wrote in 2010 in which he dissented from the D.C. Circuit Court’s decision not to revisit a ruling that found that police violated a suspect’s Fourth Amendment rights by using a GPS device to track his car without a warrant. The ruling was later upheld by the Supreme Court in an opinion written by the late conservative Justice Antonin Scalia, who wrote that the government had violated the suspect’s Fourth Amendment rights.

Santorum on Kavanaugh: Trump bowed to Washington elite

  Santorum on Kavanaugh: Trump bowed to Washington elite Rick Santorum said Monday that President Donald Trump "bowed to the elite in Washington" by picking Judge Brett Kavanaugh as his Supreme Court nominee. "Well, I think that Donald Trump said he was going to energize the base with this pick. I don't think he did that," the Republican former Pennsylvania senator and CNN political commentator told Chris Cuomo on CNN's "Cuomo PrimeTime." Kavanaugh has been dubbed a Washington insider, having worked in both Bush administrations, and is currently a judge on the US Court of Appeals for the District of Columbia circuit.

The Agenda. Pro . While Kavanaugh backed a change in law declaring a president could only invoke executive privilege for matters of national security when presented with a grand Brett Kavanaugh ' s track record . Claire McCaskill’s wild ride. Republicans brace for brutal Supreme Court fight .

The lack of a paper trail on the controversial issue could help him in the confirmation process as there would not be a record for Democrats to pick through Share or comment on this article: A SCOTUS pick? Brett Kavanaugh is spotted at a DC court leaving in a motorcade with security agents. e-mail.

“Obviously we continue almost by the hour to see how he gets liberty wrong,” said Sen. Ron Wyden (D-Ore.), another critic of the NSA’s metadata program who joined forces with Paul on the Senate floor in 2015. “He gets liberty wrong with respect to women, he gets liberty wrong with respect to individuals’ right to privacy. Almost by the hour, it’s clearer that he’s gotten liberty wrong.” 

Democrats are also planning on probing the extent of Kavanaugh’s involvement in formulating the George W. Bush administration’s detention and interrogation policies. The judge served as senior associate counsel and associate counsel to Bush from 2001 to 2003, and later worked in his White House as staff secretary.

“Given this record, it’s essential that Kavanaugh be questioned extensively and directly about his commitment to protecting Americans from unlawful searches and seizures, and we’re glad to see Senators Rand Paul and Ron Wyden are among the few who are willing to investigate these positions,” said ACLU National Political Director Faiz Shakir. “The public also deserves to see all documents from Kavanaugh’s time at the White House demonstrating what he knew about the surveillance programs and what role he may have played in their development.”

This article originally appeared on HuffPost.

Trump mulls Supreme Court choice from 2 or 3 candidates .
President Donald Trump is mulling his choice for Supreme Court justice. The president, who is at his private golf club in New Jersey, says he has narrowed his choice to "three or two." Ahead of a Monday night announcement from the East Room in the White House, the president told reporters he was focused on four people and "of the four people I have it down to three or two." He was having dinner Friday night with Vice President Mike Pence, who has also been meeting with the finalists.

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