Even without protesters and senators rocking the floor, Supreme Court nominee Brett Kavanaugh's ongoing confirmation hearing was sure to be complicated. On Wednesday, the second day of Kavanaugh's confirmation hearing, Sen. Dianne Feinstein (D-Calif.) asked the nominee whether "a sitting president [would] be required to respond to a subpoena." Kavanaugh's views on the issue have been hotly debated as legal troubles swirl around President Trump.
Kavanaugh, pleading the "Justice Ginsburg principle," said he couldn't answer Feinstein's "hypothetical question." But he did discuss the U.S. v Nixon ruling, saying the Supreme Court — including former President Richard Nixon's own nominee to the bench — unanimously mandated that Nixon release his secret recordings specifically "in response to a criminal trial subpoena." It's "an important precedent of the Supreme Court," Kavanaugh said, but as a "sitting judge and a nominee," he couldn't say how it would apply in the future.
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