Supreme Court nominee Brett Kavanaugh said that the major questioning about whether a sitting President can be prosecuted was one of “timing,” not one whether a President gets immunity.
“No one has ever said , I don’t think, the President is immune” from criminal prosecution or civil litigation, Kavanaugh said. He some of the arguments during the legal battles around President Clinton.
“The only question with the criminal process isn’t immunity, that’s the wrong term, it’s the timing,” Kavanaugh said. He noted the decades old Justice Department position that that a president shouldn’t be prosecuted while in office.
“That doesn’t prevent investigations, gathering of evidence,” Kavanaugh said.