Senate Majority Leader Mitch McConnell, as you likely know, has re-thought his principled position on consideration of Supreme Court nominees. Previously, he was adamant that Senate hearings were not appropriate before the American people had spoken in an election. Now, of course, he is anxious for a speedy confirmation, before the upcoming election, of the latest nominee. That candidate, Brett Kavanaugh, has had his own evolution of a firmly-held belief. In 2009, he wrote about bringing criminal charges against a sitting president. His opinion no doubt strengthened his perceived qualifications to join the Supreme Court.
“In particular, Congress might consider a law exempting a President — while in office — from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel.”