On Monday, President Trump made it clear how he thinks that those he appointed should act: loyal to the president and the party above all else, including the rule of law. On Tuesday, as Senate confirmation hearings for Supreme Court nominee Brett Kavanaugh begin, it is up to senators from both parties to ensure that Trump’s nominee has not been improperly influenced by the president.
In a Monday afternoon tweet, Trump lashed out at Attorney General Jeff Sessions for Justice Department investigations into Republican congressmen:
Two long running, Obama era, investigations of two very popular Republican Congressmen were brought to a well publicized charge, just ahead of the Mid-Terms, by the Jeff Sessions Justice Department. Two easy wins now in doubt because there is not enough time. Good job Jeff……
— Donald J. Trump (@realDonaldTrump) September 3, 2018
That tweet references Rep. Duncan Hunter, R-Calif., and Rep. Chris Collins, R-N.Y, both of whom were indicted last month on unrelated federal crimes. Both representatives were early Trump supporters and represented heavily Republican districts who now face significant challenges from Democrats in what may be a very close midterm election.
As much as Trump may love his supporters, however, these two really did break the law and there are mountains of evidence against them. Hunter and his wife were indicted for misusing $250,000 in campaign funds for things like family trips to Italy and expensive plane tickets for a pet rabbit. Collins was indicted for insider trading and lying to the FBI. Investigating cases like these are exactly what the DOJ should be doing.
Directing DOJ not to prosecute or interfering with the charges against these men because they are Republicans in vulnerable districts would mean that the president would have broken his inauguration day oath to “preserve, protect and defend the Constitution of the United States.”
Or, as Sen. Ben Sasse, R-Neb., put it:
Trump’s Twitter logic of presidential authority is worrying enough as it extends to his expectation of DOJ investigations and will likely make confirming a replacement for Sessions that both the president and senators are willing to support nearly impossible.
More immediately, however, the president’s tweets mean that as his appointee, Brett Kavanaugh, comes before the Senate Judiciary Committee for confirmation this week, there is now added imperative for lawmakers from both parties to determine that the president’s demands do not prejudice the nation’s highest court.
Although these questions may force Republicans to put their own court pick in the hot seat, ensuring that there has been no commitment to, for example, to protect the president and that the nation’s highest court remains independent from the White House are essential to safeguarding the underpinnings of American democracy and separation of powers. Those principles are far more important to quickly confirming a favorable judge.
