Brett Kavanaugh

Jeff Flake Says He'll Ask Brett Kavanaugh About Donald Trump's Constitutional Flaws

"A lot of people are concerned about this administration."

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NBC News

Sen. Jeff Flake (R-Ariz.) has made no secret of the fact that he views President Donald Trump as a menace to the U.S. Constitution. "Our presidency has been debased by a figure who seemingly has a bottomless appetite for destruction and division," Flake told the graduating class of Harvard Law School in May, "and only a passing familiarity with how the Constitution works."

Today at the confirmation hearings of Brett Kavanaugh before the Senate Judiciary Committee, Flake took the opportunity to share his critical take directly with Trump's Supreme Court pick. Needless to say, Kavanaugh did not exactly look thrilled while the Republican senator was speaking out.

"A lot of the concern on the other side of the aisle," Flake told Kavanaugh, centers on worries about "an administration that doesn't seem to understand and appreciate separation of powers and the rule of law. I have that concern as well."

To illustrate his point, Flake cited "what was said just yesterday by the president." He was referring to Trump's tweet attacking "the Jeff Sessions Justice Department" for bringing "two long running, Obama era, investigations of two very popular Republican Congressmen…to a well publicized charge, just ahead of the Mid-Terms." As Trump put it, "two easy wins now in doubt because there is not enough time. Good job Jeff."

That tweet, Flake told Kavanaugh, "is why a lot of people are concerned about this administration and why they want to ensure that our institutions hold. Thus far they have. Gratefully, Jeff Sessions has resisted pressure from the president to punish his enemies and relieve pressures on his friends."

Flake then concluded by telling Kavanaugh that "many of the questions you will get from the other side of the aisle, and from me," will center on Trump and executive power.

To be sure, none of this talk necessarily means that Flake is going to vote against confirming Kavanaugh. But it is the first sign that Kavanaugh will face any sort of remotely tough questioning from the Republican side of the aisle. If nothing else, it should be a welcome break from the partisan monotony.

NEXT: Ben Sasse Explains Why the Politicization of the Supreme Court Is a Dangerous Thing

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  1. “But it is the first sign that Kavanaugh will face any sort of remotely tough questioning from the Republican side of the aisle.”

    Or it just means Flake is being a grandstanding jackass.

    1. Don’t you mean LIBERTARIAN-LEANING grandstanding jackass Jeff Flake?

      Reason swears he is…

    2. Is Trump in line for SCOTUS? I thought it was some guy named Kavanaugh. I must have missed that.

  2. Did I miss Flake’s concern for the pen and phone guy?

    1. I think we all did.

  3. He is just mad that Senator N1ggerkiller did not get the McCain recess appointment he had pulled out all the stops for from Gov. Ducey, on the grounds of some bogus “age requirement.” Will Kavanaugh recognize that our Living Constitution evolves away from the obsolete barbarism of our slaveowning forefathers’ failure to recognize the Superior Wisdom of Young People that we have discovered in the past few months in light of modern science and ethical mores? Stay tuned!

  4. That’s exactly something a Flake would do.

    1. He’s an athletic guy, and we respect that in this fitness conscious era. Maybe he can move to New York and beat the Democrats by running for Lt. Gov. on a Flutie/Flake ticket.

  5. Let’s turn something else into a retard circus. Is he qualified? Does he have some sort of mental deficiency? Does he support gay Mexican anal? Is he one of the chosen lizard people? I don’t see how anything else is relevant.

  6. Sigh. Flake is an asshat.

    1. Always was.

      1. He was a good congressman from Mesa.

  7. Well maybe someone will ask him a difficult question after all.

  8. a welcome break from the partisan monotony

    Jeff Flake IS “partisan monotony”. Quit pretending the NeverTrumpers have principles.

    1. Looks like this publication’s baffling and relentless Flake anilingus has become so old that the HnRers are actually too bored with it to comment at this point!

  9. Sen. Jeff Flake (R-Ariz.) has made no secret of the fact that he views President Donald Trump as a menace to the U.S. Constitution. “Our presidency has been debased by a figure who seemingly has a bottomless appetite for destruction and division,” Flake told the graduating class of Harvard Law School in May, “and only a passing familiarity with how the Constitution works.”

    I’m confused. Is he talking about Obama? Bush? Diane Feinstein? Himself?

  10. I guess Flake is a pretty decent guy. But you’re not genuinely committed to opposing Drumpf if you vote to confirm any of his Supreme Court picks. As an illegitimate President who stole the election through Russian hacking, it’s outrageous that he was allowed to put dangerous right-wing extremist Neil Gorsuch there. He cannot be permitted to further erode the legitimacy of the judicial branch by installing Kavanaugh, especially given the suspicious circumstances of Kennedy’s retirement.

    Put up or shut up, Mr. Flake. Declare your intention to oppose this nomination.

    #Resist
    #TrumpRussia
    #CancelKavanaugh

    1. all I can say is that if you libs continue to disparage Judge Kavanaugh’s record of libertarian restraint i’m Going to declare a civil war and blow up a federal building. After all, the 2A is around so that citizen’s councils can overthrow the government in the face of crypto-fascist liberal totalitarianism. Minus the 5 million illegals the Mexican government shipped up to vote for KKKlinton? who belonged to the party of Robert Byrd who was head of the Ku Klux Klan? Donald Trump won the popular vote by 2 million people. You libs lost. Get over it!

      #SoreLoserman
      #MAGA

  11. Flake and beans! Flake and beans!

  12. Kamala Harris rightly criticizes Kavanaugh for rudely refusing to shake the hand of a man whose family was affected by gun violence.

    If Kavanaugh won’t even give him a handshake, how can we believe he would give gun violence victims a fair shake in court?

    Such a compelling point. Harris again solidifies her place as my #1 pick for President in 2020.

    #LibertariansForHarris
    #GunSense
    #BanAssaultWeapons

    1. Kamala? You’re trying too hard again. Oprah would’ve been more believable.

  13. It makes me sick to see a fellow Republican like me actually question the Trump agenda. Any Republican that questions the President should be primaried so we can replace him with a true conservative that supports Trump’s libertarian agenda

    #MakeRINOsExtinct
    #MAGA

    1. hahahahaha. I’m sorry, did you just say Trump is a libertarian? That’s hilarious.

      Maybe it’s the wall. Massive debt. Trade war. Federal war on pot.

      Business friendly?? Maybe if you are not counting the media, the NFL, google, AT&T, Amazon, Boeing, Delta, ESPN, Facebook, GM, Toyota, and Harley Davidson. Trumps wants to control everything.

      It should have been obvious to you after Bush grew our government and brought us warrantless wiretaps and offshore prisons where they torture people.

      Libertarians have no business supporting the GOP!!

  14. WIH would Kavanaugh’s opinions regarding Trump’s supposed disdain for the constitution have to do with anything other than BS over lunch?
    Is Flake trying to prove he’s not capable of separating gossip from the matter at hand?

    1. Flake is such an embarrassment to the Republican Party because it’s so obvious the way he is grandstanding for attention. As a fellow Trump supporter, who is actually surprised that Trump is doing a lot for the libertarian agenda, i’m Sure you’re happy with the calm and dispassionate method that Trump runs the government. What a relief from the days of Greek-like anarchy on the streets under Obama. Whew!

      1. Sorry… “a lot”should read A… LOT get a decent editor, Reason.com

        1. Like OBL, you are worthy of nothing other than a “fuck off” response.

    2. I don’t understand that either. The proper answer would be that he (K) is not a member of the administration, is not a spokesman for the administration, is not legal counsel for the administration, and has nothing more to say on the matter.

    3. Flake is just continuing his virtue-signalling in the hopes of becoming the left’s new favorite “Republican maverick”. They are even in love with W these days, so anything is possible.

      1. The Left (and I use the term broadly here to include most Democrats) believes the only good Republican is a dead Republican.

    4. This.

      Kavanaugh is a candidate for the Supreme Court – not Trump’s personal attorney. It’s grandstanding by an asshole for other assholes.

  15. http://www.marketwatch.com/sto…..2018-09-04

    But the TRADE WAR!!

    Remember how Gillespie breathlessly informed us that the future was not manufacturing but the “sharing economy”? Yeah, not so much.

    1. Huh, is that so

      http://beta.bls.gov/dataViewer…..0000000001

      http://beta.bls.gov/dataViewer…..3000000001

    2. Your article discusses possible trade war as a threat.

      1. Shh! You know John only read the headline.
        It also shows that metals industries have suffered declines while all the other industries have enjoyed gains. Huh wonder why that is.

        1. Yes the trade monster is going to exact revenge on the sinful some day.

  16. Shorter version of the article is that Flake will ask questions the nominee will not answer, but the lame duck senator will walk away with his chest puffed out. Then he’ll vote to confirm and claim his line of questions proved the nominee had the constitution to uphold the Constitution.

    1. Shorter: Flake’s ineffectual moral preening will leave him with a warm feeling of having Done His Duty
      Shorter Still: Cuckservative gonna Cuck

  17. I am curious to know what is Constitutionally problematic about a President calling out his AG publicly for its actions. It may be bad taste, or even unethical, but how does Flake rationalize it as some sort of affront to the Constitution? The Chief Executive employs these people. He has the Constitutional authority- and 1st Amendment right- to criticize them publicly, especially when his criticism is about how these investigations have been going 2+ years, and only culminated now 2 months before an election.

    1. Well, Flake specifically cited “separation of powers and the rule of law”

      1. “Well, Flake specifically cited “separation of powers and the rule of law””

        And I specifically cite “bullshit”
        Now, would you care to answer the question or just give vent to your TDS?

      2. So you’re saying Flake is an idiot child throwing spaghetti at the wall to see what sticks. For once we agree.

        “Separation of powers” doesn’t apply between the prez and the AG, and what the DOJ is doing right now is as far from “rule of law” as it gets.

      3. Does Flake realize the DOJ is part of the Executive Branch and Trump is the leader of that branch of government?

  18. Jeff Flake, Resign you hack.

  19. Jeff Flake. What a flake.

    1. Nominative determinism in action

    2. Hey Flake, I ate you for breakfast this morning! Don’t make me do it tomorrow.

      Did I get’em good guys?

  20. Every time Trump says the “fake news is the enemy” he’s telling us that he doesn’t really intend to uphold the constitution anymore.

    When you believe in freedom, that’s freedom for everybody, not just the people you agree with. We live in a country where the press can say anything they want. The Flat Earth society probably has a newspaper. Right or wrong, they can print anything. So can Fox news and the Huffington post.

    You can have a news show where you claim crazy stuff like the president is secretly a Muslim, or an alien or even the antichrist. They can just make stuff up and say he doesn’t have a valid birth certificate too. Obama was strong enough to take daily criticism like that. Trump is not. So sad.

    Face it. A vote for the GOP, is a vote against the constitution. They were very clear about that last election when they decided to ignore the constitution for something as essential as the lifetime appointment of a supreme court justice. ( There were 100 other federal judge openings that Obama should have been able to fill too. ) Remember the letter to Iran when the GOP Senators tried to overrule the presidents authority to sign peace treaties? Restricting our right to vote? We followed the constitution for 240 years, and now who knows where this is headed. If you’ve been cheering about all this, then you wont have any right to complain when the democrats break the rules too.

    1. “Every time Trump says the “fake news is the enemy” he’s telling us that he doesn’t really intend to uphold the constitution anymore.” Not really.

    2. And there were 360 Democrats blocked during the Bush administration. Stop pretending only the GOP blocked Obama. The Dems when they were the minority used the filibuster for EVERY person nominated by Bush 43 for the Federal bench.

      1. You are talking about federal positions, NOT the supreme court!

        If you want to talk federal positions, I looked those up on uscourts.gov awhile back. GW did have some nominees blocked. That happened for all presidents they had records for online back to Reagan. GW had 26 nominees that were not voted on by the time he left office. Obama had 59.

        Again, that’s just regular federal positions, NOT the supreme court. The G.O.P blocked a supreme court judge nomination for the first time in history and they stated their intention to break the rules before they even knew who the nominee was. It was unconstitutional.

    3. Face it. In 1992 when Biden was majority leader Bush 41 nominated someone for the SCOTUS in January 1992. This is when the famous “Biden rule” was created. The seat was open on the court for 18 months. Garland was nominated in July 2016. Boohoo!! The only fact is Democrats “stole”‘a seat on the SCOTUS 24 years before the GOP returned fhe favor.

      1. That nomination was NOT for the supreme court. It was for the court of appeals.

        And that was only one position. If you want to talk about other federal positions left open, the GOP failed to vote on 59 other Obama nominees, and there were a total of 105 positions open when Obama left office. See my response below.

  21. Face it. A vote for the GOP, is a vote against the constitution.

    They were very clear about that last election when they decided to ignore the constitution for something as essential as the lifetime appointment of a supreme court justice. ( There were 100 other federal judge openings that Obama should have been able to fill too. ) Remember the letter to Iran when the GOP Senators tried to overrule the presidents authority to sign peace treaties? Restricting our right to vote? Ignoring the emoluments clause?

    We followed the constitution for 240 years, and now who knows where this is headed. For some reason, there wasn’t much outrage about the rules they’ve broken so far, so why not break more rules? If you’ve been cheering about all this, then you wont have any right to complain when the democrats break the rules too.

    1. We haven’t followed the Constitution since the Federal Reserve Act.

    2. You don’t seem to be too familiar with the U.S. Constitution. Or is there some other Constitution you’re referring to?

      1. Article 2, section 2, clause 2 of the constitution states that the acting president nominates supreme court justices.

        That clause was always followed until Mitch McConnell just decided to ignore it. We were supposed to have a moderate Judge that both Obama and Orrin Hatch approved of. That’s the way it’s supposed to work.

        1. “Article 2, section 2, clause 2 of the constitution states that the acting president nominates supreme court justices.
          That clause was always followed until Mitch McConnell just decided to ignore it. We were supposed to have a moderate Judge that both Obama and Orrin Hatch approved of. That’s the way it’s supposed to work.”

          Are you really stupid enough to hope no one notices your bullshit?
          Or stupid enough to think it isn’t bullshit?

          1. by bullshit, I think you mean facts.

            You must be out of reasonable responses. Face it, the G.O.P has been bending the rules of the constitution.

        2. The role of the Senate is to advise and consent. There us no clause in the Constitution that sets a timeline and the Dems took advantage of that loophole first in 1992 as I said earlier.

          1. That nomination was for the U.S. court of appeals, NOT the supreme court!

            There were 59 nominees waiting and a total of 105 other open federal positions that Obama should have been able to fill before he left office. Those are more like the one you mention in 1992 with Roberts. Those are not as unusual, but 105 is much, much larger than normal. I found the records online back to Reagan. ( So, no, Biden was not the first to have failed to fill all positions before the end of a term.) 42 was the previous max during that time. uscourts.gov has the records if you want to see.

            EVERY PREVIOUS SUPREME COURT OPENING HAS BEEN FILLED BY THE ACTIVE PRESIDENT.

  22. “Jeff Flake Says He’ll Ask Brett Kavanaugh About Donald Trump’s Constitutional Flaws”

    Which K shouldn’t answer at all, since the President is a likely party to cases before the court.

  23. Flake should just go away. His persistent self promotion would be embarrassing if he realized people see through his actions.

    1. Agreed along with Corker the Leprechaun

  24. You know, he could’ve asked if he wasn’t on a damned-near infinite vacation…

  25. You nailed it, Jeff Flake. Just as you nailed the ‘peaceful’ Kavanaugh hearings. I read quotes by you and Sasse for laughs. Vote in national elections? For which deceiver, spaceman or media sycophant?

  26. Flake is demostrating why he needs to leave the Senate. He is an anti-Trump RINO like his late mentor, Insane McCain.

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