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Rudy Giuliani: Judge Kavanaugh won’t give Trump an ‘edge’ in Mueller probe

July 29, 2018

President Trump’s personal attorney Rudy Giuliani said Sunday that U.S. Supreme Court nominee Brett Kavanaugh would not help Mr. Trump in his legal battle with special counsel Robert Mueller if he’s confirmed to the high court, suggesting that the president wouldn’t have an “edge.”

Judge Kavanaugh, whom Mr. Trump tapped to replace retiring Supreme Court Justice Anthony M. Kennedy, wrote a law review article in 2009 in which he said that sitting presidents should be exempt from time-consuming investigations and litigation that distract from national security issues and poorly serve the public interest.

Though the article is roughly a decade old, Democrats have seized on it, raising questions about Judge Kavanaugh’s impartiality as Mr. Trump’s campaign is under investigation by Mr. Mueller for allegedly colluding with Russians.

Democrats also have pointed to a roundtable discussion that Judge Kavanaugh held with lawyers several years ago, according to The Associated Press, in which he suggested the Supreme Court wrongly decided the 1974 case that forced President Richard Nixon to hand over the Watergate tapes.

“I can’t say those are legal opinions,” Mr. Giuliani told “Fox News Sunday.”

The former mayor of New York City said it would take more analysis to say whether Judge Kavanaugh is accurate.

“The Trump situation is very different than the Nixon situation, so I don’t think we get an edge,” Mr. Giuliani said.

Democrats have argued that Mr. Mueller is likely to subpoena Mr. Trump, which could spark a debate over whether a sitting president can be subpoenaed.

That question would likely come before the Supreme Court, and a Justice Kavanaugh would have to rule on the matter should he be confirmed.

“I believe the Constitution is clear that the president cannot be subpoenaed or if he is subpoenaed, he has a right to challenge it,” Mr. Giuliani said.

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