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In Wake of Revealing Video, Booker Urges Kavanaugh Recusal If Confirmed

Booker: if confirmed, Kavanaugh should recuse himself from cases involving Mueller investigation

July 20, 2018

WASHINGTON, D.C. – Following the release of a video revealing Supreme Court nominee Brett Kavanaugh’s support for overturning the Supreme Court ruling upholding the legality of the independent counsel statute, U.S. Senator Cory Booker (D-NJ), a member of the Senate Judiciary Committee, today called on Kavanaugh to recuse himself from all cases arising from the investigation of Special Counsel Robert Mueller, if he is confirmed as a Supreme Court justice.

In a letter sent to Judge Kavanaugh today, Booker cited Kavanaugh’s prior statements on the ability of a sitting President to be investigated, including recent remarks he made in front of the conservative American Enterprise Institute in which he said he’d like to “put the final nail” in a 1988 Supreme Court ruling upholding the constitutionality of the old independent counsel statute. This statute is a now-expired legal provision similar in nature but distinct from the law governing the appointment of a special counsel.

“To avoid the prospect that President Trump could effectively choose a judge in his own case, I request that you pledge to recuse yourself from any cases related to the Special Counsel’s investigation and any that otherwise may immediately impact the President and his associates as it relates to the ongoing criminal investigation should you be confirmed,” Booker wrote.

“The American public must have full confidence that the integrity of any decisions handed down by the Supreme Court on these matters will not be tainted by any impropriety or the appearance of impropriety from the President’s selection of you.”

The full text of the letter is available here.