Under these circumstances, these are the sorts of questions that Supreme Court nominee Brett M. Kavanaugh cannot avoid answering, precisely because they go to the sustainability of our democratic system and the rule of law:

1. Can a president constitutionally order the Justice Department to prosecute a political opponent when there is insufficient evidence for prosecution?

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2. Can a president constitutionally threaten to order the Justice Department to prosecute a political opponent when there is insufficient evidence for prosecution?

3. If a president does No. 1 or No. 2, what is the remedy?

4. Can a president threaten or order the Justice Department not to prosecute his allies?

5. President Richard Nixon’s articles of impeachment included obstruction of justice. Was that legitimate grounds for impeachment?

6. Can a president be indicted after leaving office for obstruction of justice committed during his presidency?

7. Can any executive branch official legally destroy documents subpoenaed by a grand jury? Can he refuse to hand them over? Can he refuse to testify without invoking the Fifth Amendment?

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8. Is there any basis in law for treating the president differently in any of the three situations identified in No. 7?

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9. If you were the presiding judge in a case when the president regularly attacked lawyers for one side and/or publicly opined on the innocence or guilt of the defendant, what would you do?

10. What did the framers say about impeachment of a president who gained power by illegal means?

11. If you were the judge in a trial in which one side dropped 42,000 documents on the other side the night before trial, would you order a delay so that the documents can be reviewed? If you didn’t order such a delay, would it deny the party getting the delinquent documents due process?

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12. In a hypothetical scenario, Big Guy corporation’s CEO uses his sway to guarantee that a judge is nominated. Can the judge rule on cases involving Big Guy corporation?

13. Why do judges recuse themselves when there is a perceived conflict of interest?

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14. Are you aware of the practice of “flipping” witnesses — giving a reduced sentence or grant of immunity for testimony? Is it constitutional? How widespread is it?

15. Is it witness tampering to make public threats or promises based on whether a witness cooperates with prosecutors?

16. Can a president defy a final court order (i.e. either from the Supreme Court or a lower court when appeals are exhausted)? What is the remedy if he does?

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17. Have you requested that the administration release all documents concerning your service in the White House in a timely fashion? If not, why didn’t you? Would you do so now?

18. Please identify anyone to whom you have expressed (other than in speeches or opinions previously provided) your views on the correctness of U.S. v. Nixon? What did you say?

19. Will you recuse yourself from a case in which individuals who were responsible for putting you on the list of recommended nominees for the Supreme Court are parties or attorneys? If not, why not? If so, please provide a list of such individuals.

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20. Does the “take care” clause of the Constitution obligate the president to defend the First Amendment?