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Morrison v. olson which upholds the constitutional of an independent counsel. . >> can you thing of a case that deserves to be overturned? >> yes. [ laughter ] >> would you volunteer one? >> no. [ laughter ] >> pending confirmation hearing. yes, sir, right here. [ laughter ] >> thank you. i was going to say one. morrison v. olson. >> that's the independent counsel statute case. >> it's been effectively overruled but i would put the final nail in. >> these comments will certai y ly come up in kavanaugh's confirmation hearing expelater morning. manu, since kavanaugh was nominated, we know democr...

In 2016 judge kavanaugh said this when speaking to a conservative group here in washington. >> i think justices of all stripes agree that stare decisis is important but not an inexorable command. if it were, we'd still have horrible decisions still on the books. >> can you think of a case that deserves to be overturned? >> yes. >> would you volunteer one? >> no. >> pending confirmation hearings, yes, sir, right here. >> thank you very much. >> i was going to say one, morrison v. olson. that's the independent counsel statute case. >> it's been effectively overruled but i would put the final nai...

His view on executive power. how will what we just listened to play in all that? >> democrats want more answers, in particular because judge cavanaugh has expressed other concerns about whether or not the press himself could be indicted, believing the president perhaps cannot be indicted. that's an issue that presumably could come up before the court if he were a justice and he could potentially rule on other matters relating to the mueller probe, if there is a subpoena, for instance, issued forcing the president to testify and the president's legal team fought it all the way to the supreme co...

Tape from a panel discussion with brett kavanaugh. judge brett kavanaugh back in 2016 may now be front and center when he faces questions from senators deciding his future, his comments about none other than the role of an independent counsel. cnn's manu raju has more from capitol hill. >> reporter: a new video shows judge kavanaugh raising concerns about a three decade old supreme court ruling that upheld the constitutionality of the independent counsel. this is raising questions because judge kavanaugh has separately raised concerns and skepticism about whether a sitting president can be ind...

Over whether a sitting president can be indicted. morrison v. olson from 1988 upheld the constitutionality of a law known as the ethics in government act. that's the same act that governed the work of ken starr who kavanaugh worked with for four years in the '90s. because of his previous skepticism about whether a president can be indicted, but also whether kavanaugh views the mueller appointment as constitutional. there's a distinction between bob mueller or ken starr. they're governed under a different set of regulations. however, because of this morrison ruling that kavanaugh had concerns w...