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Kavanaugh argued against indicting sitting president

WASHINGTON — Confirmation hearings for Supreme Court nominee Brett Kavanaugh will begin the day after Labor Day, Republicans said, sparking Democratic objections that they are rushing the process without properly delving into his background.

The announcement Friday came amid the release of new documents from Kavanaugh’s time on the Kenneth Starr team investigating Bill Clinton. The records reveal his resistance to issuing an indictment of a sitting president.

On Christmas Eve 1998, Kavanaugh drafted an “Overall Plan” to colleagues providing his thoughts on bringing the independent counsel office’s work to a close and suggesting they inform the attorney general that the findings against Clinton be left to the next president.

“We believe an indictment should not be pursued while the President is in Office,” Kavanaugh wrote.

The memo, tucked toward the end of nearly 10,000 pages, provides greater insight into Kavanaugh’s views on executive power that are expected to feature prominently in the Senate confirmation hearings. Democrats have warned that Kavanaugh may be unwilling to protect special counsel Robert Mueller’s ongoing probe of Russian interference in the 2016 election.

On Friday, Senate Majority Leader Mitch McConnell said he hopes to have President Donald Trump’s nominee confirmed to replace retired Justice Anthony Kennedy before the new court session begins Oct. 1.

“We’re moving right along,” McConnell said during a radio interview in Kentucky ahead of the announcement. “He’ll get confirmed. It won’t be a landslide, but he’ll get confirmed.”

The Judiciary Committee will hold up to four days of review, with Kavanaugh to begin facing questions on Day 2, Sept. 5, said committee chairman Sen. Chuck Grassley. Kavanaugh’s appearance will be followed by testimony from legal experts and people who know the judge.

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