During a recent court session, Justice Brett Kavanaugh engaged in a discussion with special counsel Jack Smith's lawyer, Michael Dreeben, regarding the potential implications of vague statutes on prosecuting a president for official acts in the Oval Office. The conversation revolved around the extent to which Congress can regulate and criminalize certain aspects of presidential power under Article II.
Justice Kavanaugh raised the question of whether there are exclusive aspects of presidential power that Congress cannot regulate or criminalize. Dreeben acknowledged that there are indeed such aspects that fall outside of Congress's jurisdiction.
