Trump and Kavanaugh of one mind on voiding the Fourth Amendment

It looks like we’ve discovered another reason why Donald Trump selected Brett Kavanaugh for the Supreme Court.

As I wrote when Kavanaugh was first nominated, I believed Trump selected him solely for self-interested reasons, specifically, Kavanaugh’s opinion that sitting presidents are essentially above the law — an opinion that could pay dividends for Mr. Trump when it comes to the Mueller investigation.

Now it appears that Trump may have also selected Kavanaugh for his like-minded attitude about our Fourth Amendment rights.

Yesterday, to the roar of applause from attendees of the International Association of Chiefs of Police convention, Trump said he will have Attorney General Jeff Sessions work with the city of Chicago to limit gun violence, and he proposed the implementation of the practice known as “stop and frisk.”

According to Trump, the policy used by his personal attorney Rudy Giuliani when he was Mayor of NYC “works and it was meant for problems like Chicago.”

Too bad he forgot to mention unconstitutional.

The NYPD policy was ruled unconstitutional by a Federal District Court Judge in 2013 because it violated the Fourth Amendment protection against unreasonable search and seizure. The court also ruled that it violated the Equal Protection Clause of the Fourteenth Amendment.

This isn’t the first assault on the Fourth Amendment we’ve witnessed since Trump was sworn in. Earlier this year, Trump and the GOP-controlled Congress took a big bite out of it with the re-authorization of FISA702, granting the government power to conduct warrantless electronic searches.

FISA702 is where we got an early first glimpse into the mindset of Brett Kavanaugh concerning the Fourth Amendment.

As I wrote earlier this year, Kavanaugh is a big fan of warrantless electronic spying. In a 2015 case involving the NSA, Kavanaugh stated that “The government’s collection of telephony metadata from a third-party such as a telecommunications service provider is not considered a search under the Fourth Amendment.”

Now, stop-and-frisk is giving us another glimpse into the mindset of Brett Kavanaugh and how he is of one mind with Trump when it comes to shredding the Fourth Amendment.

In a 2008 case, United States v. Askew, the full DC Circuit, including several conservative GOP appointees, ruled that police had violated the Fourth Amendment rights of a suspect using stop-and-frisk. Kavanaugh dissented, an opinion that the majority said was “contrary to the Court’s findings” and “unsupportable.”

In a January 2018 National Review article, we learned that crime in NYC fell after stop-and-frisk was abandoned, proving that it’s unnecessary to violate our rights to keep us safe.

But safety really isn’t the objective. Republicans and their #UNIBROW counterparts in the Democrat party are only concerned about one thing: Big Brother government where Washington controls everything.

That’s something Trump and Kavanaugh agree on.



David Leach is the owner of The Strident Conservative. His politically incorrect and always “right” columns are also featured on

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