You misunderstand. Go back to square one, do not pass GO do not collect 200$.His argument is not that the president is above the law.
Kavanaugh did not argue that the President is above the law, at least not directly. Instead, he has written opinions that depend on this condition for implementation. The flaw in Kavanaugh's arguments i'll repeat: Kavanaugh's arguments depend on the President being above the law. This is a fundamental, unstated axiom necessary to Kavanaugh's arguments. You can prove this to yourself by examining whether any of Kavanaugh's conditions can be met if the president is not above the law.*
The condition of the President being above the law is antithetical to every American Bone in Every American Body, including the bones and bodies of the founders, may they rest in peace. [Here may I interject that your best counterargument is to claim that the Federalist papers contain clear assertions that the President should be above the law, and that principle should be assumed in the new constitution even though not directly stated. If you find this, do please let me know.]
Kavanaugh has taken the absurd position that the president may decide what statutory law's to obey and what ones not to. If Kavanaugh's opinion were to hold, indictment after the President is out of office would be no remedy, because there would be no crime.
It is clear to me, and many others, that Kavanaugh's indefensible opinions are a result of a giant hole he has dug himself, a hole from which there is no exit without humiliation. During the G.W. Bush administration he developed positions on shaky legal ground in defense of the Administration's manifestly illegal actions. He is now saddled with his tenuous interpretations of law made during that time. It has now also come out that he was engaged in some activities related to prior court appointments that some consider to skirt ethical bounds, and it seems when questioned about these activities he lied.
Kavanaugh has shown himself to be human with human frailties. No one cares. But he's made two serious mistakes he might have avoided. He was not entirely truthful and fully forthcoming before the Senate Judicial Committee, and he failed to take the opportunity to rescue himself by being frank about the weaknesses in his previous arguments. He could have stated plainly that he has revised his view; he didn't. Now, although its almost certainly a fait accompli that he'll be elevated to the Court by the spineless Senate Republicans, he'll be tarnished.
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*You stated earlier that Kavanaugh's views do not place the president above the law because he may be indicted once out of office. This depends on a contradiction. Please see the third paragraph from the bottom of my post.
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