Analysis

Kavanaugh’s Prosecutorial Discretion View A Moving Target

Law360, Washington (August 8, 2018, 10:38 PM EDT) -- Between 2013 and 2015, D.C. Circuit Judge Brett Kavanaugh appears to have shifted his views on a president's discretion to enforce certain laws, a change of heart that one prominent immigration attorney linked to former President Barack Obama's executive actions but that Judge Kavanaugh's supporters maintained has nothing to do with partisanship.

The U.S. Supreme Court nominee has come under scrutiny in recent weeks from Democrats and liberal activists for past remarks that a sitting president can’t be indicted and that the now-expired independent counsel statute was unconstitutional.

But little attention has been paid to Judge Kavanaugh’s views about the president’s...

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