A Kavenaugh question

[PJMcK]

If the FBI re-opens its investigation of Justice "I like beer," and they reveal their findings, can the House bring impeachment charges against him? If there's a trial in the Senate, would removal require a 2/3's vote?

I have zero expectation of this happening because our system is fatally broken, I fear. I'm just curious.

Thanks, in advance.

[CincyDem]

1. Yep - 2/3rd on all impeachments. Good that you've got appropriate expectations. :-) n/t

[PJMcK]

5. Thanks

Too often, the wins for our side are incremental.

Removing the rapist from the Supreme Court just isn't going to happen.

[lastlib]

2. Yes, and yes.

the House can impeach him. Removal requires 2/3 vote in Senate. The first is possible, the second ain't gonna happen. Best we could hope for is that there is enough public pressure on him that he resigns.

[drray23]

3. That's for removal.

I wonder what would happen if a justice was criminaly convicted. I don't think there is an exemption like the president.

[DetroitLegalBeagle]

10. They'd remain a judge

There are only 3 ways for a federal judge to lose their seat - impeachment and removal, resignation, and death. Unless one of those 3 happen, criminally convicted judge would still hold their seat, be able to hear cases, and receive their pay and benefits.

[PJMcK]

11. Fascinating

Somehow, that doesn't seem right, does it?

[Effete Snob]

13. Answer this

Would you like to give the power to remove a Supreme Court Justice to a judge, prosecutor, and 12 people chosen at random in some county in Alabama?

I don’t see why 14 people in the boondocks should be given that kind of power over the Supreme Court.

[PJMcK]

14. Good point

It just seems that federal judges are unaccountable in our deeply divided partisan politics.

[Effete Snob]

15. If we elect stupid people, yes we get stupid results

Unfortunately, we keep electing stupid people.

[drray23]

20. So even if they were still a judge

would they face prison if say they are convicted of rape or would these be deferred because they are sitting on the bench ?
If the later is true this means they are above the law and can commit any crime they want.

[DetroitLegalBeagle]

22. Nothing prevents a Federal judge from being tried and convicted in a court

It has happened before. There just has never been a situation where a convicted judge didn't resign or get impeached afterwards(at least that I know of). Hypothetically, if a Federal judge were convicted and sentenced to prison, they refused to resign, and Congress failed to remove them via impeachment, then they would remain a Federal judge while imprisoned. Whatever district they were on would likely not assign them to any cases, but they would still receive their salary as that is also guaranteed in the Constitution.

[malaise]

28. Here's a useful link

https://en.wikipedia.org/wiki/Kids_for_cash_scandal

The "kids for cash" scandal centered on judicial kickbacks to two judges at the Luzerne County Court of Common Pleas in Wilkes-Barre, Pennsylvania.[1] In 2008, judges Michael Conahan and Mark Ciavarella were convicted of accepting money in return for imposing harsh adjudications on juveniles to increase occupancy at for-profit detention centers.[2]

Ciavarella disposed thousands of children to extended stays in youth centers for offenses as trivial as mocking an assistant principal on Myspace or trespassing in a vacant building.[3] After a judge rejected an initial plea agreement in 2009,[4][5] a federal grand jury returned a 48-count indictment.[6] In 2010, Conahan pleaded guilty to one count of racketeering conspiracy and was sentenced to 17.5 years in federal prison.[7] Ciavarella opted to go to trial the following year. He was convicted on 12 of 39 counts and sentenced to 28 years in federal prison.[8]

In the wake of the scandal, the Supreme Court of Pennsylvania overturned hundreds of adjudications of delinquency in Luzerne County.[9] The Juvenile Law Center filed a class action lawsuit against the judges and numerous other parties,[10] and the Pennsylvania state legislature created a commission to investigate juvenile justice problems in the county.[11]

[mitch96]

4. "public pressure on him that he resigns." I don't think that's gonna happen either....

He's in the catbird seat with a sweet job... Now if we take ⅔ of the senate in 2022 it's another ball game...
ymmv
m

[PJMcK]

7. Yeah, Republicans rarely feel shame or embarrassment

They rarely resign.

If Kavenaugh left the Court-- one way or another-- Republicans would be enraged for decades. Consider that the ferocity of the Clinton impeachment was partly fueled by the lingering resentment that Nixon had been forced to resign.

[lastlib]

8. It happened to Abe Fortas......

He was on the verge of being elevated to Chief Justice, and some ethics issues caught up to him, and he resigned his seat. But you may have a point--Beer Boy has no shame.

[PJMcK]

17. Two points about former Justice Fortas

1. Our society in the 1960s was very different from today. Public officials actually had some ethics and morals and were able to feel shame. One doesn't see those qualities in today's Republicans.

2. Fortas was a Democrat. Democrats do have morals and feel shame. For example, look at what happened to Senator Franken.

Of course, Fortas had to resign. His ethics violations were too damning.

[lastlib]

26. You are correct, of course.

I just didn't go there.

[Firestorm49]

18. He's a Republican. Shame means nothing to them. He'll never resign.

[vlyons]

6. don't hold your breath waiting for it

Have to get rid of the filibuster first.

[PJMcK]

9. I have no expectation that K will leave the Court

It's really just a thought experiment.

[MarineCombatEngineer]

12. The filibuster has no bearing on impeachment/trial.

To change the procedure, the Constitution would have to be amended which ain't gonna happen.

[brewens]

16. Some ugly stuff could come out that might hurt the republicans overall. I kind of

think that's the best we can hope for.

[The Blue Flower]

19. I'd just be happy for the whole truth to come out

If we can't get him off the SC bench, that would be good enough for me.

[mopinko]

21. me too.

true of so much of the last 5 yrs.

[Buckeyeblue]

23. Impeachment is a long shot...almost impossible

I think they should try to humiliate him. Let's bring out all of his bullshit. And how much money he received to pay off debts. There is not enough pressure put on our judges for their conflicts of interests.

[WHITT]

24. Votes Not There For Impeachment

But the video is there of him perjuring himself several times, and the documentation exists to prove it. Indict, prosecute, convict. Then offer him the deal that he'll do no prison time if he resigns. Just house arrest and public service. Otherwise, his ass can sit in prison, and he won't be able to cast any votes on the SCOTUS.

Either way is good with me.

[keithbvadu2]

25. Kav, would you like to clear the allegations against you?

[Mr.Bill]

27. The cause of all the SC bullshit

ir lowering the threshold for appointment to a simple majority in the Senate. If a 2/3 or 3/4 vote was required none of the assholes Trump nominated would have been confirmed.