Kavanaugh refuses to answer questions on Trump pardons

Supreme Court nominee Brett Kavanaugh sidestepped two questions from Sen. Patrick LeahyPatrick Joseph LeahyKavanaugh allegations set stage for Anita Hill sequel Senate Dems sue Archives to try to force release of Kavanaugh documents Dems engage in last-ditch effort to block Kavanaugh MORE (D-Vt.) on Wednesday about potential pardons from President TrumpDonald John TrumpLondon terror suspect’s children told authorities he complained about Trump: inquiry The Memo: Tide turns on Kavanaugh Trump to nominate retiring lawmaker as head of trade agency MORE amid the ongoing special counsel investigation into Russian election interference.

Asked at his Senate confirmation hearing if Trump could pardon himself, Kavanaugh said he had never looked at self-pardons. 

"The question of self-pardons is something I have never analyzed. It's a question I have not written about. It's a question, therefore, that's a hypothetical question that I can't begin to answer in this context, as a sitting judge and as a nominee," Kavanaugh told Leahy. 

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When Leahy followed up with a question about if Trump could pardon others in exchange for them agreeing not to testify against him, Kavanaugh similarly demurred. 

"Senator, I'm not going to answer hypothetical questions of that sort," Kavanaugh said. 

Leahy wrapped up his questions by warning that he hoped "for the sake for the country that remains a hypothetical question."

The back-and-forth came during Kavanaugh's second day during the Senate Judiciary Committee's weeklong hearing on the high court nomination. 

Kavanaugh is expected to face several rounds of questions about executive authority and will likely get direct questions about special counsel Robert MuellerRobert Swan MuellerSasse: US should applaud choice of Mueller to lead Russia probe MORE's probe. 

Democrats are concerned that Kavanaugh will give conservatives a fifth vote on the Supreme Court and could help protect Trump from Mueller's probe if it reaches the Supreme Court. 

Talk of potential pardons for individuals in Trump's orbit has loomed over Mueller's investigation and the trials that have spun out of the probe.

The New York Times reported last month that Trump and Rudy Giuliani, his lawyer, had discussed the potential fallout of a pardon for former Trump campaign chairman Paul ManafortPaul John ManafortHillicon Valley: Trump's exclusive interview with Hill.TV | Trump, intel officials clash over Russia docs | EU investigating Amazon | Military gets new cyber authority | Flynn sentencing sparks new questions about Mueller probe Comey: Mueller may be in 'fourth quarter' of Russia probe Flynn sentencing move spurs questions about duration of Mueller probe MORE, who was recently convicted on bank and tax fraud charges.

Trump has also appeared sympathetic toward Manafort, saying in a tweet that he felt "very badly" for Manafort and his "wonderful family." 

Republicans, including Trump's allies on Capitol Hill, have warned the president against pardoning Manafort, arguing that it would backfire. 

"I would not recommend a pardon. You've got to earn a pardon. I think it would be seen as a bridge too far,” Sen. Lindsey GrahamLindsey Olin Graham GOP senator: Kavanaugh accuser 'moving the goalposts' Collins: Kavanaugh accuser should 'reconsider,' testify on Monday Grassley willing to send staff to California to speak with Kavanaugh accuser MORE (R-S.C.), who has emerged as an ally for the president, told reporters last month.

Sen. Bob CorkerRobert (Bob) Phillips Corker GOP senator: Kavanaugh accuser 'moving the goalposts' Grassley willing to send staff to California to speak with Kavanaugh accuser Corker blasts Trump's 'ready, fire, aim' trade policy MORE (R-Tenn.) separately said it would be bad for Trump's "health." 

“I would think that would be very damaging to his health. It would be another strategic error just like the Comey error,” Corker said, referring to the firing of then-FBI Director James ComeyJames Brien ComeyHillicon Valley: Trump's exclusive interview with Hill.TV | Trump, intel officials clash over Russia docs | EU investigating Amazon | Military gets new cyber authority | Flynn sentencing sparks new questions about Mueller probe Comey: Mueller may be in 'fourth quarter' of Russia probe READ: President Trump’s exclusive interview with Hill.TV MORE.