Letter to the Editor:
How can it be at all even possible that President Donald Trump's latest candidate for the U.S. Supreme Court, Brett Kavanaugh, or even his first one, now on that court, Neil Gorsuch, could vote on anything to do with Trump's proposed impeachment?
It is being suggested all over news broadcasts on CNN and WNBC that such obvious apparent conflicts of interest could happen. But it appears that not much emphasis in news discussions of the subject has focused on the impact or validity this crucial potential ethics problem.
The 28 U.S. Code # 455 for the disqualification of a judge says: "Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned."
So Kavanaugh is being recommended to Congress by the president to become the second such justice to be appointed by the alleged impeachment vulnerable Trump. Trump has brought these two men forward to be judges in that court at a time when his potential impeachment or his highly questionable conduct is reportedly a subject of an investigation by U.S. Special Counsel Robert Mueller.
And, it is clear that any action by Mueller related to questionable presidential activity could be appealed by Trump all the way to the U.S. Supreme Court, right where these judges recommended by him could decide his fate.
And specifically in Kavanaugh's case, this is what NBC News describes him as saying about any proposed removal of a president with potential problems like Trump has.
"In a 2009 law review article, Kavanaugh said his (own prior) experience in the White House persuaded him... that presidents should be exempt from civil lawsuits and criminal investigations or prosecutions while in office. But he wrote that such a change would require Congress to pass appropriate legislation.'' continued