During her recent testimony in front of House Judiciary Committee, progressive constitutional law expert Pamela Karlan, cited an opinion by controversial conservative Supreme Court Justice Brett Kavanaugh during her argument about foreign interference in US elections.
Karlan, who is now a professor at Stanford Law School, said that the US has a national security interest in eliminating foreign influence or interference in US elections.
She said that Trump’s involvement with Ukraine- pressuring them to interfere in the 2020 election by investigating the Bidens- should be considered an impeachable offense.
During her argument, she quoted an opinion written by none other than Justice Brett Kavanaugh while he was serving on the DC Circuit Court of Appeals. In the opinion, Kavanaugh said that the United States has a “compelling interest” in “preventing foreign influence over the U.S. political process.
Karlan said of his opinion, “Kavanaugh was so correct in seeing this,” and pointed out that the Supreme Court agreed and upheld Kavanaugh’s decision.
The case referred to in Kavanaugh’s opinion was considering the constitutionality of permitting the participation of foreign individuals in US elections via electioneering and political donations.
In the opinion, written by Kavanaugh in 2012, he stated, “It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self-government.”
In words that are now more relevant than ever, Kavanaugh said:
“It follows, therefore, that the United States has a compelling interest … in limiting the participation of foreign citizens in activities of American democratic self-government, and in thereby preventing foreign influence over the U.S. political process.”Justice Brett Kavanaugh
Karlan said, “When President Trump invited—indeed demanded—foreign involvement in our upcoming election…that demand…constituted an abuse of power…
Drawing a foreign government into our elections is an especially serious abuse of power because it undermines democracy itself.”
KARLAN: "When President Trump invited—indeed demanded—foreign involvement in our upcoming election…that demand…constituted an abuse of power…— CAP Action (@CAPAction) December 4, 2019
Drawing a foreign government into our elections is an especially serious abuse of power because it undermines democracy itself." pic.twitter.com/tUqI9GitfL