Brett Kavanaugh, President Trump’s Supreme Court nominee, declined to say whether he would recuse himself from cases before the Supreme Court involving President Trump, including those that may arise from special counsel Robert Mueller’s investigation.
“To be consistent with the principle of the independence of the judiciary, I should not and may not make a commitment about how I would handle a particular case,” Kavanaugh said.
Kavanaugh said it was “part of what I see as the independence of the judiciary.”
[Related: Kavanaugh vows to keep ‘open mind’ on indictment, investigation of sitting president]
Sen. Richard Blumenthal, D-Conn., however, said he was “troubled” by Kavanaugh’s refusal to say whether he would recuse himself if Kavanaugh is confirmed by the Supreme Court.
“There’s a distinct possibility and a likelihood that issues concerning his personal, criminal, and civil liability may come before the Supreme Court as early as next term,” Blumenthal said, referencing Trump.
Blumenthal said those issues may include a refusal to comply with a subpoena or to testify in a criminal trial.
“We’re in uncharted territory,” the Connecticut senator said. “It is unprecedented for a Supreme Court nominee to be named by a president who is an unindicted co-conspirator.”
Trump was identified, though not named, in court documents involving Michael Cohen, the president’s former longtime lawyer.
Cohen pleaded guilty to eight counts last month, including two campaign finance violations related to payments made to women just before the 2016 election who alleged to have had affairs with Trump.
He told a federal court he made the payments at Trump’s direction.
