During a recent court session, Justice Brett Kavanaugh engaged in a discussion with special counsel Jack Smith's lawyer, Michael Dreeben, regarding the potential implications of vague statutes on prosecuting a president for official acts in the Oval Office. The conversation revolved around the extent to which Congress can regulate and criminalize certain aspects of presidential power under Article II.
Justice Kavanaugh raised the question of whether there are exclusive aspects of presidential power that Congress cannot regulate or criminalize. Dreeben acknowledged that there are indeed such aspects that fall outside of Congress's jurisdiction.
Kavanaugh further probed Dreeben on the need for clear congressional language when criminalizing official acts of the president to maintain the separation of powers and ensure fair notice. Dreeben disagreed with the notion that the president must be specifically named in a statute to be subject to criminalization for official acts.
The discussion delved into the interpretation of statutes in relation to the president's official acts, with Kavanaugh highlighting concerns about vague statutes such as obstruction and conspiracy to defraud the United States being potentially misused by a determined prosecutor targeting a president.
Dreeben emphasized the importance of balancing accountability and protection for the president within the framework of the Constitution. He argued that a nuanced approach is necessary to safeguard the president's ability to carry out official duties while upholding accountability.
The exchange between Kavanaugh and Dreeben underscored the complex legal considerations surrounding the prosecution of a sitting president and the need for a careful balance between executive power and accountability within the constitutional framework.
