During today’s round of Gorsuch’s confirmation hearings, after grilling Gorsuch, but only lightly, as to whether Trump is or is not above the law should he try to waterboard detainees or announce Muslims cannot serve in the military, Graham said: “In case President Trump is watching – which he may very well be – No. 1: You did a good job picking Judge Gorsuch. No. 2: Here is the bad part, if you start waterboarding people, you may get impeached.”
“Is that a fair summary?’ Graham asked Gorsuch.
“Sir, the impeachment power belongs to this body,” Gorsuch smiled.
“That’s even better,” Graham said. “Would he be subject to prosecution?”
“Senator, I’m not going to speculate,” Gorsuch deflected.
“But he’s not above the law,” Graham suggested by way of compromise.
“No man is above the law,” Gorsuch replied, winningly.
“Thank you. I think you’re a man of the law,” Graham beamed. “And, I really want to congratulate the President to have picked you. Quite frankly, I was worried about who he would pick – maybe somebody on TV!”