July 12, 2018

The Special Counsel, Executive Power, and the Nomination of Brett Kavanaugh


On July 12, the American Constitution Society held a briefing addressing the legality of the special counsel's investigation, the constitutional scope of executive power, and how to thoroughly question the Supreme Court nominee's views on these subjects.

As the investigation into Russian interference in the 2016 presidential election continues, its critics have levied a number of constitutional claims against it that are highly disputed, increasing the likelihood that the Supreme Court will ultimately have to resolve such legal disagreements. Questions of executive power therefore must play a central role in the evaluation of the qualifications and suitability of President Trump’s Supreme Court nominee Brett Kavanaugh.


Victoria Nourse, Georgetown Law

Neil Kinkopf, Georgia State Law

Debra Perlin, American Constitution Society