The Democrats' argument stems from a 2009 law review article written by Kavanaugh, who said Congress might want to enact a law to defer "any personal civil suits against presidents" as well as "criminal investigations and prosecutions" until they leave office. He didn't assert in the article that courts already had the power to grant such delays.

He wrote that his views were shaped by his work for independent counsel Kenneth Starr, when he helped write a report recommending grounds for the impeachment of President Bill Clinton, and his later service in the White House under President George W. Bush.

Judge Brett Kavanaugh Credit:AP

Kavanaugh's nomination comes as Trump's lawyers are resisting pressure to be interviewed by Mueller, who's investigating Russian interference in the 2016 presidential election, whether anyone close to Trump colluded in the meddling and whether Trump sought to obstruct the probe.

In addition, Blumenthal contended that "Judge Kavanaugh, if he is a justice, would be the swing vote" in deciding if Trump could eventually pardon himself. He said "that's the accountability that will be lost if Judge Kavanaugh is confirmed."