Booker calls on Kavanaugh to recuse himself on Trump-related cases

Democratic Sen. Cory BookerCory Anthony BookerBooker calls for hearings on reports of ICE using solitary confinement Poll: Biden leads Democratic field by 6 points, Warren in second place The Hill's 12:30 Report: Anticipation high ahead of first debate MORE (N.J.) is calling on Supreme Court nominee Brett Kavanaugh to recuse himself from any cases that might involve special counsel Robert MuellerRobert (Bob) Swan MuellerTop Republican considered Mueller subpoena to box in Democrats Kamala Harris says her Justice Dept would have 'no choice' but to prosecute Trump for obstruction Dem committees win new powers to investigate Trump MORE's investigation.

“To avoid the prospect that President TrumpDonald John Trump2020 Democrats spar over socialism ahead of first debate Senate passes .5 billion border bill, setting up fight with House 'Teflon Don' avoids the scorn of the 'family values' GOP — again MORE could effectively choose a judge in his own case, I request that you pledge to recuse yourself from any cases related to the Special Counsel’s investigation and any that otherwise may immediately impact the President and his associates as it relates to the ongoing criminal investigation should you be confirmed,” Booker said in a letter to Kavanaugh on Friday.

“The American public must have full confidence that the integrity of any decisions handed down by the Supreme Court on these matters will not be tainted by any impropriety or the appearance of impropriety from the President’s selection of you.”

Booker cited remarks Kavanaugh made in 2016, "on the ability of a sitting President to be investigated."

CNN reported on the remarks, which Kavanaugh made to the conservative American Enterprise Institute (AEI). Kavanaugh expressed a desire to "put the final nail" in the coffin of a landmark Supreme Court ruling establishing the constitutionality of a special counsel investigation.

ADVERTISEMENT

The White House responded in a statement to Yahoo News, noting that Booker had previously called Kavanaugh's nomination a "non-starter" upon Trump's announcement.

“Sen. Booker is not taking the Senate’s constitutional duty to ‘advise and consent’ seriously, which is why he called the Judge’s nomination a ‘non-starter’ the moment he was announced, before meeting with him or reviewing his record,” deputy press secretary Raj Shah said.

“What he has demanded would violate the bedrock constitutional principle of judicial independence by pressuring a sitting judge to pledge any decision on a particular matter or case, including the decision whether to hear the case, for political reasons,” Shah added.

Booker has pressed Kavanaugh to recuse himself from cases related to the special counsel before, including at a rally outside the Supreme Court earlier this month.

“If you just put this fact pattern down to any senator five years ago, just said the president of the United States is under investigation in which there have been over 70 charges filed, over 20-plus people and corporations have been charged, over five people already [made] guilty pleas, one person already sentenced ... I guarantee you you’d get senators [who would] say they would not let that president do what he’s doing right now, which is give himself immunity for any issues that come before the Supreme Court,” Booker had said.

“I do not think he should be on the court,” he added of Kavanaugh.