Schumer's Antics Hurt the Senate and Aren't Really About the Merits on Kavanuagh

The argument du jour for Democrats seems to be that Judge Brett Kavanaugh made some sort of deal with President Trump so Trump can’t be indicted. As Senate Democrat Minority Leader Chuck Schumer stated:

Senate Minority Leader Charles E. Schumer (D-N.Y.) said at a news conference Tuesday that Trump “chose the candidate who he thought would best protect him from the Mueller investigation.”

The Washington Post concluded this was false and stated so in pretty strong terms:

But Kavanaugh’s articles from 1998 and 2009 are no smoking-gun evidence that he would vote to dismiss an indictment against Trump, should one ever be filed.

Although he clearly believes it’s a bad idea to indict a sitting president, Kavanaugh never states his view whether the Constitution allows it. In fact, he says Congress should pass legislation to ensure the president is immune from civil and criminal proceedings while in office. As Feldman writes, Kavanaugh’s 2009 article can be read as a signal that he might uphold a presidential indictment unless Congress changes the law. 

We don’t mean to split hairs by analyzing whether Kavanaugh believes something “can’t” or “shouldn’t” happen, but in the legal arena, this distinction matters. Kavanaugh’s stated views on this question don’t go as far as Fallon, Maloney and Ocasio-Cortez claimed. Their tweets merit Two Pinocchios, although we considered giving Three. To say Kavanaugh is Trump’s “get-out-of-jail free card” is an extreme distortion of what he’s written.

There is some question as to Senator Schumer’s motive for this and other similar antics.  Schumer may not even care about defeating the nomination of Kavanaugh but may be making this and other ridiculous claims to delay his confirmation.  As the Wall Street Journal Editorial Board points out.

Minority Leader Chuck Schumer has already said he will “oppose Judge Kavanaugh’s nomination with everything I have.” Nice to know he’s given it such careful thought. But Mr. Schumer knows defeating the judge is a long shot, especially after Maine Senator Susan Collins made encouraging comments Tuesday about Judge Kavanaugh’s lower-court opinion on ObamaCare and his statement in 2006 that Roe v. Wade is a binding precedent.

In any case, what Mr. Schumer cares about more than defeating Donald Trump’s nominee is to be the next Majority Leader. Toward that end he wants to help his 10 incumbent Senators running in November to navigate between a political base that demands opposition to all things Trump and broader state electorates that might come to think that Judge Kavanaugh is an excellent nominee.

Minority Leader Chuck Schumer has already said he will “oppose Judge Kavanaugh’s nomination with everything I have.” Nice to know he’s given it such careful">The best way to do that is to postpone a confirmation vote beyond Nov. 6. That way Joe Donnelly in Indiana, Heidi Heitkamp in North Dakota and Joe Manchin in West Virginia wouldn’t have to take a politically difficult vote before Election Day.

Minority Leader Chuck Schumer has already said he will “oppose Judge Kavanaugh’s nomination with everything I have.” Nice to know he’s given it such careful">They and other Democrats like Claire McCaskill in Missouri risk infuriating Democratic activists if they vote for a nominee who will be described day after day on MSNBC and CNN as a threat to every right they have. On the other hand, the Senators might motivate Trump voters to turn out against them if they oppose Judge Kavanaugh. So Mr. Schumer’s main priority is delay, and delay some more.

Minority Leader Chuck Schumer has already said he will “oppose Judge Kavanaugh’s nomination with everything I have.” Nice to know he’s given it such careful consideration. The motive for Schumer’s attacks is to delay, not about defeating Kavanaugh. They are about politics and damaging the “world’s greatest deliberative body.” Ironically, Senators of his own party may pay the price.