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”:

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

And it was all over MSNBC last night as well:

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”:

In Kavanaugh’s own words:

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