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Bill Clinton appointed not one, but two justices while he was under criminal investigation

August 25, 2018 | | Print Article

Democrats up in arms about confirming Supreme Court justice nominee Brett Kavanaugh conveniently have a selective memory.

Democrat lawmakers are calling for a delay in Kavanaugh’s confirmation in light of Michael Cohen’s plea deal and Paul Manafort’s conviction, claiming that President Donald Trump has been “implicated in a criminal plot.”

But while the lawmakers and Trump critics are demanding a confirmation postponement until special counsel Robert Mueller’s more than one-year long investigation is complete, they have chosen to forget that former President Bill Clinton had both of his nominated justices approved while he was under investigation himself.

Clinton was under criminal investigation in the Whitewater scandal when he nominated Ruth Bader Ginsburg to fill Justice Byron White’s seat in 1993. Just 42 days later, Ginsburg was confirmed almost unanimously.

(Image: National Archives and Records Administration)

And there were no calls to delay again in 1994, when Clinton was under subpoena and he nominated Justice Stephen Breyer who the Senate confirmed with a 87-9 vote.

“Clinton appointed not one, but two, Supreme Court Justices while he was under investigation.,” Thomas Jipping, Deputy Director of the Edwin Meese III Center for Legal and Judicial Studies, wrote. “The second appointment came while he was actually ‘under subpoena.’ If Democrats care as much about precedent as they pretend, this one blows their Mueller-Kavanaugh argument out of the water.”

Democrats have been clamoring for a delay in Kavanaugh’s confirmation, grasping at whatever excuses they can find to thwart Trump’s US Supreme Court pick.

Some lawmakers declared they would  not even meet with the nominee.

Yet many of those same lawmakers pompously declaring they would not meet with Kavanaugh because of the week’s developments and the Mueller probe were probably not going to vote for him anyway, as some have noted.

“Let’s be honest, these Senate Democrats oppose Trump’s every policy, nomination, decision, thought, word, and deed. So does it surprise anyone that senators who are unalterably opposed to the president and to his judicial nominees would scrounge around for some way to interfere with the Kavanaugh confirmation process?” Jipping wrote.

Despite Kavanaugh’s impressive record, Democrats continue to refuse to look at hundreds of opinions he wrote or joined in his years on the U.S. Court of Appeals as they try to disrupt the nomination process.

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Frieda Powers
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