Senators tell CNN Kavanaugh has not specified his views on a presidential subpoena. Flake later told CNN that he doesn't believe that Kavanaugh would view Mueller as unconstitutional. There are differences between a special counsel like Mueller and an independent counsel like Starr. In meetings with senators, Kavanaugh points out those views also are in line with long-standing Justice Department policy, saying a sitting president can't be indicted. In an opinion from January for a federal appeals court in DC, after Mueller was appointed, Kavanaugh did acknowledge a difference between an independent counsel and special counsel.

Source: CNN July 31, 2018 21:56 UTC