Gabriel Malor explains why Cory Booker, Dick Durbin (and everyone else) is wrong about their new favorite anti-Kavanaugh talking point

Greg P. | 2:12 PM on July 10, 2018

As we told you last night, Sen. Cory Booker unleashed a tweetstorm against SCOTUS nominee Brett Kavanaugh including this hot-take that “Kavanaugh believes that a President should not be subject to civil litigation or criminal investigation while in office”:

The fact that Kavanaugh believes that a President should not be subject to civil litigation or criminal investigation while in office means that Trump just nominated a justice who has already reached conclusions on these serious questions. That should raise enormous red flags.

— Cory Booker (@CoryBooker) July 10, 2018

This has quickly become one of the favorite lefty talking points. From Sen. Dick Durbin, for example:

https://twitter.com/eschor/status/1016515351289483265

And it was all over MSNBC last night as well:

It was the prevailing theme on both Maddow & Lawrence O’Donnell’s shows https://t.co/PcSpAyM8Zo

— Stephen Miller (@redsteeze) July 10, 2018

And now for the explainer from attorney Gabriel Malor who explained that “Kavenaugh’s argument was that *Congress* should enact legislation to insulate presidents from litigation while in office.” More importantly, Kavanaugh “didn’t write that the courts could do it”:

Like so many commentators, Klein fails to explain to his readers that Kavenaugh's argument was that *Congress* should enact legislation to insulate presidents from litigation while in office.

He didn't write that the courts could do it. https://t.co/IkFI0nUhPw

— Friendly Gabriel Malor (@gabrielmalor) July 10, 2018

In Kavanaugh’s own words: