A HUGE Reason The Left Doesn't Want Kav - 09/25/18
We all know the left doesn't want a conservative on the Supreme Court. They want a judge that will "write" law, not uphold law. This exchange between Kav and Lindsey Graham is very telling. Think of everything that went on starting in 2008 until last year, and this should say a lot of the opposition to Kav.
The youtube is from the confirmation hearings. Fast forward to 2:36:00 to see this live. Below is the exchange.
https://www.youtube.com/watch?v=et2jf-C6TkE&feature=youtu.be
Graham: "So, when somebody says, post-9/11, that we've been at war, and it's called "The War on Terrorism", do you generally agree with that concept?"
1 reply 18 retweets 63 likes
Kavanaugh: "I do, Senator, because Congress passed the authorization for use of military force, which is still in effect, and that was passed, of course, on September 14, 2001, 3 days later."
Graham: "Let's talk about the law and war. Is there a body of law called The Law of Armed Conflict?
Kavanaugh: "There is such a body, Senator."
Graham: "Are there differences between those two bodies of law?"
Kavanaugh: "Yes, Senator."
Graham: "From an American citizen's point of view, do your Constitutional rights follow you? If you're in Paris, does the Fourth Amendment protect you, as an American, from your own government? "
Kavanaugh: "From your own government, yes."
Graham: "Okay. So, if you're in Afghanistan, do your, uh, Constitutional rights protect you against your own government?"
Kavanaugh: "If you're an American in Afghanistan, you have Constitutional rights as against the U.S. government....That's the, that's long-settled law."
Graham: "Isn't there long-settled law that goes back to Eisenstraider case? I can't remember the name of it."
Kavanaugh: "Johnson versus Eisentrager."
Graham: " That American citizens who collaborate with the enemy have been considered enemy combatants."
Kavanaugh: "They can be."
Graham: "They can be?"
Kavanaugh: "They can be. They're sometimes criminally prosecuted, they're sometimes treated in the military system."
Graham: "Well, let's talk about 'can be'. I think the ..."
Kavanaugh: "Under the Supreme Court precedent, right."
Graham: "There's a Supreme Court decision that said that American citizens who collaborated with Nazi sabateurs were tried by the military. Is that correct?"
Kavanaugh: "That is correct."
Graham: "I think a couple of them were executed."
Kavanaugh: "Yeah."
Graham: "So, if anybody doubts, there's a long-standing history in this country that your Constitutional rights follow you wherever you go, but you don't have a Constitutional right to turn on your own government and collaborate with the enemy of the Nation...."..You'll be treated differently. What's the name of the case, if you can recall, that reaffirmed the concept that you could hold one-of-our-own as an enemy combatant if they were engaged in terrorist activities in Afghanistan? Are you remember that case?"
Kavanaugh: "Yeah. Hamdi."
Graham: "Okay. So the bottom line is every American citizen you have Constitutional rights but you do not have a Constitutional right to collaborate with the enemy..."...There is a body of law, well-developed, long before 9/11, that understood the difference between basic criminal law and The Law of Armed Conflict. Do you understand those differences?"
Kavanaugh: "I do. I do understand ...they're different bodies of law, of course, Senator."
The youtube is from the confirmation hearings. Fast forward to 2:36:00 to see this live. Below is the exchange.
https:/
Graham: "So, when somebody says, post-9/11, that we've been at war, and it's called "The War on Terrorism", do you generally agree with that concept?"
1 reply 18 retweets 63 likes
Kavanaugh: "I do, Senator, because Congress passed the authorization for use of military force, which is still in effect, and that was passed, of course, on September 14, 2001, 3 days later."
Graham: "Let's talk about the law and war. Is there a body of law called The Law of Armed Conflict?
Kavanaugh: "There is such a body, Senator."
Graham: "Are there differences between those two bodies of law?"
Kavanaugh: "Yes, Senator."
Graham: "From an American citizen's point of view, do your Constitutional rights follow you? If you're in Paris, does the Fourth Amendment protect you, as an American, from your own government? "
Kavanaugh: "From your own government, yes."
Graham: "Okay. So, if you're in Afghanistan, do your, uh, Constitutional rights protect you against your own government?"
Kavanaugh: "If you're an American in Afghanistan, you have Constitutional rights as against the U.S. government....That's the, that's long-settled law."
Graham: "Isn't there long-settled law that goes back to Eisenstraider case? I can't remember the name of it."
Kavanaugh: "Johnson versus Eisentrager."
Graham: " That American citizens who collaborate with the enemy have been considered enemy combatants."
Kavanaugh: "They can be."
Graham: "They can be?"
Kavanaugh: "They can be. They're sometimes criminally prosecuted, they're sometimes treated in the military system."
Graham: "Well, let's talk about 'can be'. I think the ..."
Kavanaugh: "Under the Supreme Court precedent, right."
Graham: "There's a Supreme Court decision that said that American citizens who collaborated with Nazi sabateurs were tried by the military. Is that correct?"
Kavanaugh: "That is correct."
Graham: "I think a couple of them were executed."
Kavanaugh: "Yeah."
Graham: "So, if anybody doubts, there's a long-standing history in this country that your Constitutional rights follow you wherever you go, but you don't have a Constitutional right to turn on your own government and collaborate with the enemy of the Nation...."..You'll be treated differently. What's the name of the case, if you can recall, that reaffirmed the concept that you could hold one-of-our-own as an enemy combatant if they were engaged in terrorist activities in Afghanistan? Are you remember that case?"
Kavanaugh: "Yeah. Hamdi."
Graham: "Okay. So the bottom line is every American citizen you have Constitutional rights but you do not have a Constitutional right to collaborate with the enemy..."...There is a body of law, well-developed, long before 9/11, that understood the difference between basic criminal law and The Law of Armed Conflict. Do you understand those differences?"
Kavanaugh: "I do. I do understand ...they're different bodies of law, of course, Senator."