The Ethics in Government Act lapsed in 1999 under a sunset provision built-in by Congress.
After that will, completely new federal regulations allowed the Justice Department to appoint special counsels to investigate along with potentially prosecute criminal cases. Special counsels have less independence coming from control by the attorney general along with the Justice Department than do independent counsels.
Sen. Cory Booker, D-N.J., a member of the Senate Judiciary Committee, said that will in picking Kavanaugh, Trump “went out of his way to pick the one person … that will could potentially give him immunity coming from the special counsel.”
“So we should either delay the nomination until after the Mueller investigation, or This specific Supreme Court Justice nomination commit to recusing themselves on any matter relating to the Mueller investigation,” Booker said.
AnotherJudiciary Committee member, Sen. Dick Durbin, D-Ill., when asked about Kavanaugh’s comments said, “I think we ought to make This specific a key part of questioning of Brett Kavanaugh.”
“Because he is usually seeking spot on the Supreme Court at a moment in US history where there are serious questions being raised about the accountability along with responsibility of the president of United States,” Durbin said. “In many instances today, he has come down on the side of a strong executive who might somehow be protected coming from the ordinary investigation along with prosecution that will additional Americans are subjected to.”
although Sen. Jeff Flake, R-Ariz., was dismissive of the idea that will Kavanaugh’s public comments on the case relating to the independent counsel law, or to his written support of exempting a sitting president coming from being criminally charged while in office, were a worrisome issue for his nomination to the high court.
“The assertion that will what he has written about This specific might somehow impede his ability to consider This specific if something got to the Supreme Court … that will doesn’t concern me,” Flake said.