Remove Brett Kavanaugh & Clarence Thomas from Supreme Court

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Numerous articles claim Brett Kavanaugh and Clarence Thomas lied under Oath in their confirmation hearings so both should be removed as Justices from the Supreme Court.

In the above video, Ex-Federal Prosecutor Glenn Kushner explains how when Democrats take over the White House, the new head of the DOJ could order the FBI to review the confirmation hearings of Kavanaugh, Thomas and every Trump appointment and check for false statements. Anyone who lied under oath could be charged with perjury, arrested, removed as a judge and disbarred. Each could face years behind bars. They could be given a choice to resign when confronted with evidence of perjury in exchange for dismissal of prosecution.

This would help balance Stolen Seats by Republicans… 2 from the 2000 Election which was stolen / rigged for George W. Bush and Obama’s stolen Supreme Court appointment in 2016.

 

Two Ways Democrats Can Remove Kavanaugh – Without Impeaching Him

Two ways Democrats can remove Kavanaugh – without impeaching him

Before Supreme Court Justice Brett Kavanaugh was sworn in, critics were calling for his impeachment. The political polarization over allegations that he had assaulted Christine Blasey Ford when they were teenagers doesn’t show much sign of abating. Impeachment is a polarizing process itself, though, one that even many Democrats appear uneasy about pursuing if they win control of Congress in next month’s elections.

Per the above article: “A Democratic Congress and a future Democratic president could remove Kavanaugh from the Supreme Court if they wanted without needing to impeach him. There are two other ways to kick a sitting justice off the court – neither of which requires a supermajority.

In the first, a new president would nominate and the Senate would confirm by majority vote a justice – in this case Kavanaugh – to a different post on an intermediate court of appeals (say the D.C. Circuit, where Kavanaugh formerly served). The justice would, in effect, be demoted.

It finds support in an 1803 Supreme Court case called Stuart v. Laird. The fading Federalist Party of John Adams had created 16 new federal judgeships in 1801 – in part to spare Supreme Court justices from having to “ride the circuit” and hear regional appellate cases. Thomas Jefferson’s Democratic-Republicans triumphed at the polls and abolished the new positions in 1802.

The second alternative method of relieving a justice of his or her duties. In a 2006 article in the Yale Law Journal, two scholars (conservatives, as it happens), Saikrishna Prakash and Steven D. Smith, amassed historical evidence that the Framers understood the “good behavior” standard to be judicially, rather than just politically, enforceable.

They pointed out that judicial removal proceedings were used in English law in the 1780s, and were included in the New York, South Carolina and Massachusetts pre-1787 constitutions. Moreover, they noted, “good behavior” was included by the Continental Congress as a standard in the 1787 Northwest Ordinance for courts in the territories – before there were a separate House and Senate to conduct an impeachment.

As (roughly) proposed in the Yale article, Congress could pass a statute authorizing a specially constituted bench of federal judges – say, five randomly drawn judges – to determine whether a particular judge (here, Kavanaugh) had violated the “good behavior” standard. That special bench could hold a hearing and, if convinced by the evidence, make the requisite finding to trigger exit from the bench. This approach wouldn’t require a congressional supermajority. It would need a presidential signature.

Current federal law contains a trace of this mechanism. When a judge is convicted of a felony, whether in state or federal court, the law now states that he or she “shall not hear or decide cases” unless a council of judges decides otherwise. To be sure, the judge keeps a salary in the interim. But the judge is effectively sidelined – as completely as if he or she were impeached.

The creation of a new vehicle for judicial peer review seems to be the optimal option, as it would create a nonpartisan, procedurally robust device for disciplining judges.

Supreme Court justices right now have no real supervisors when it comes to ethics, and impeachment has come to seem excessively partisan. A standing body, available for all cases of misconduct – not just a ticket for one ride only – would resolve that problem, no matter who the appointing president.

 

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