Can Supreme Court Nominee Kavanaugh Face Criminal Charges for Perjury or Contempt of Congress?

Introduction

The recent Senate hearings and subsequent actions surrounding Supreme Court nominee Brett Kavanaugh have sparked intense debate and scrutiny. One of the major concerns is whether Kavanaugh could face criminal charges for perjury or contempt of Congress for alleged lies under oath and refusal to answer questions. This article explores the legal landscape, the evidence required, and the potential implications.

Can Kavanaugh Be Indicted for Perjury?

Perjury is Substantially More Difficult to Prove Than Many Think: The argument that Kavanaugh could be charged with perjury hinges on the need to prove that he knowingly and intentionally lied under oath. This is a high bar to meet, as intentionality must be established.

During the Senate hearing, numerous senators, some of them multiple times, asked Kavanaugh the same questions to clarify any discrepancies. This multi-dimensional approach was intended to identify any lies or inconsistencies in his testimony. However, despite these repeated inquiries, no definitive evidence of perjury has emerged.

Can a Supreme Court Justice Be Indicted?

Supreme Court Justices Are Subject to Criminal Liability: Contrary to the notion that being a Supreme Court Justice provides immunity, federal judges, including those on the Supreme Court, can indeed face criminal charges if they are found guilty of such charges. The legal principle that 'one judge cannot try another' does not apply here.

One notable example is Federal Judge Kevin J. Brown, who was indicted in a sex abuse case, highlighting that no one, not even a Supreme Court nominee, is above the law.

Check and Balance Mechanisms

Impeachment and Civil/Criminal Actions: Even though a Supreme Court Justice cannot be tried for perjury, there are other mechanisms to hold them accountable. These include impeachment, which requires a vote in the House and a two-thirds majority in the Senate, as well as civil and criminal actions in court.

These checks and balances ensure that judicial decisions are fair, but they can also be used to challenge the integrity of a nominee.

Political Implications and Media Coverage

Political Stance and Media Influence: The current political landscape sees both sides taking different stances on Kavanaugh's candidacy. Critiques from Democrats often include calls for his removal from the bench and calls for him to be held in contempt of Congress.

However, Republican support for Kavanaugh is strong, and the Senate's decision to vote him in (despite some criticism) indicates that his nomination is likely to proceed. This does not mean that the incident is without consequence. Media coverage and public debate keep the issue in the spotlight, which can have long-term political implications.

Conclusion

The question of whether Supreme Court nominee Brett Kavanaugh can face criminal charges for perjury or contempt of Congress remains complex. While perjury charges are challenging to prove, the inherent mechanisms of check and balance ensure accountability. The political fallout from the incident will likely shape future judicial nominations and the balance of power in the Senate.

Key Points to Note:

Perjury Charges: Require proof of intentional lying under oath, which has not been conclusively established in Kavanaugh's case. Supreme Court Justice Liability: No immunity from criminal charges; past examples include Federal Judge Kevin J. Brown. Impeachment and Contempt: Potential avenues for accountability beyond perjury charges.

Further Reading

For more detailed information on the potential legal and political implications of the Kavanaugh nomination, consider reading the following sources:

Bush v. Gore - A landmark Supreme Court decision that influenced the 2000 presidential election. Furman v. Georgia - A Supreme Court decision on the constitutionality of the death penalty. Supreme Court Nomination Process - A comprehensive guide detailing the procedures and history.