Brett Kavanaugh as Michael Dukakis? or, Why BK’s Loophole for Presidential Harassment Makes a Second- or Third-Choice SCOTUS Nominee More Appetizing

         Mr. Brett Kavanaugh has expressed urges, as we know, to let the President do as he wants without civil or criminal liability until he’s left office. (BK’s initials, ironically, could also stand not only for “Burger King” but also “Bandit King” or just “Bad King”, fitting for the bad idea of allowing the Executive a free pass to behave badly for up to eight years.) While BK’s opponents may not be able to keep one of Trump’s picks from getting on the Supreme Court (especially after the death of John McCain—RIP), they may at least be able to ask that someone else (e.g., Amy Coney Barrett) be put on the Court instead of BK. Indeed, this may be the reasonable best they can do, seeing that Republicans outnumber Democrats in the Senate.

I. “Six Years of Savagery”

         BK has many questionable ideas, e.g., a 6-year U.S. presidential term instead of two 4-year terms. But a single, unrepeatable term would give the President no incentive to do a good job—especially if given freedom from civil/criminal liability when in office. If the President can seek two terms, then she must go the People again to win a second term and serve more than 4 years: a bad President will likely be fired, and a good one re-elected. Thus, an incentive to perform well, instead of just looting and pillaging for 6 years.

II. Michael Dukakis and Harassing/Raping White House Interns

         Or, looting, pillaging, and raping. Which is where Michael Dukakis comes in. That 1988 Democratic presidential nominee was infamously caught flat-footed in a television debate with Republican nominee George H.W. Bush, when asked the (shocking) question of whether Dukakis would support an irrevocable death penalty if his wife, Kitty Dukakis, were raped and murdered. Dukakis gave a cold, emotionless response about his theoretical opposition to the death penalty, which did not show any concern for his wife’s (hypothetical) abuse, suffering, and brutal death. Somewhat needless to say, Dukakis lost the election.
         If BK helps end legal liability for a sitting President, what is stopping him from sexually harassing, even raping (or gray areas bordering on rape), his employees or interns? Clinton misbehaved with Monica Lewinsky; why couldn’t another president do even worse?
         BK’s own daughters, or other wealthy scions, might not be harassed or assaulted. But what about the rest of us? In this age of #MeToo and Time's Up, we should be concerned.

         It is too easy to say that a caddish, sleazy President would automatically be impeached and removed from office. Was Bill Clinton removed? What if the President’s party controls at least one house of Congress, and there is a gray area, e.g., the President says, “It was consensual, it’s her word against mine?” With no regular civil or criminal investigation possible for years, and evidence (like blue dresses) decaying, witnesses (or victims) dying, disappearing, or committing suicide, and other obvious problems (e.g., the President pardons himself on his last day of office), the White House becomes a potential rape and harassment zone of the first order: a potential “Brothel in the Beltway”.
         BK has reportedly treated his female clerks well, and loves his girls. That’s nice, but his ideas still endanger anyone, including women, working in the White House. Actually, his ideas endanger the whole Nation, since a get-out-of-jail-free card, relieving pressure on the cardholder, does not always produce decent behavior in someone who holds that card, but instead may foment license and bad behavior. Cf. Boyle’s Law in chemistry (gas expanding with more license, tends to be associated with that gas being under lower pressure).

III. Out of the Presidential Kitchen

         BK thinks investigations might “distract” the President. Well, not all “distraction” is bad. The “distraction” of running for a second term might get a President to try to perform well in her first term. The “distraction” of potentially being sued or criminally investigated might dissuade a President from, say, raping his interns in the first place. If a President can’t take the heat of running for a second term, or of potential lawsuits/investigations, he should get out of the kitchen.

IV. The Senate Deserves More Choices than Kavanaugh

         That all being the case, the Senate is not obliged to endorse Trump’s first choice, BK, for Anthony Kennedy’s replacement. Kennedy himself was a third choice; first Ronald Reagan considered Bob Bork, then Douglas “Not Ruth Bader” Ginsburg, finally, Tony K. All of Trump’s nominees might be loathsome to liberals (Roe v. Wade, etc.); but not all of them have publicly endorsed carte blanche for bad behavior by sitting Presidents. If Reagan had to take a third choice, why shouldn’t Trump?
         Senate Democrats, independents, or Republicans of conscience may balk at endorsing any of Donald Trump’s nominees, whether, say, Amy Coney Barrett or anyone else. However, in an imperfect world, one does the best one can. So, the Senate may be able to insist that they at least have some choice among Trump’s nominees, instead of just swallowing the first choice shoved down their throat.
         And Trump’s first choice is a highly questionable choice. Indeed, BK’s sad misunderstanding of the idea that the President is here to serve humbly the People, rather than to savage them without their having recourse to lawsuit or criminal complaint, could and maybe should lead the Senate to go on to any second or third choices that the President offers. We hardly need Russia to destroy us, if we are destroying ourselves by allowing the Supreme Court to let the First Citizen behave like the First Criminal for all his years in office.