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Sen. Carper calls on SCOTUS nominee to promise recusal from Mueller-related cases

Delaware Public Media

Sen. Tom Carper said he’s worried President Donald Trump’s pick for the current U.S Supreme Court vacancy would prevent the criminal prosecution of a sitting president.

New video of Supreme Court nominee Judge Brett Kavanaugh in 2016 shows him saying he’d overturn the independent counsel precedent.

Even though the Russia investigation is authorized under different regulations, it’s looking at Trump’s actions. And Delaware’s senior senator said he’s worried Kavanaugh's position could have implications for that probe.

Carper adds Kavanaugh seemed to feel differently when he worked for Independent Counsel Kenneth Starr 20 years ago.

“The lack of consistency with respect to holding even a president accountable is mind boggling," he said. "The idea that Bill Clinton was fair game. Go after him, prosecute him, whatever it took.”

Kavanaugh argued at that time that misleading the public was an impeachable offense while working for Independent Prosecutor Ken Starr during the investigation of President Bill Clinton.

But Carper said he seems to have changed his mind on holding presidents accountable.

“And the idea that the current president who’s just nominated Judge Kavanaugh believes that a president is essentially above the law, cannot be prosecuted, cannot be indicted," he said. "It’s an amazing change in one’s views over the last 12 years.”

Kavanaugh wrote in 2009 the Clinton investigation should have been deferred until he was out of office.

Carper said he expects Kavanaugh to recuse himself from any future Supreme Court cases related to the Mueller investigation if he’s confirmed.

"However, if I were Judge Kavanaugh, I wouldn’t be measuring the drapes over at the Supreme Court just yet,” he said.

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