As if the confirmation process for Supreme Court justices could not sink any lower, now we've got conspiracy theories running rampant.
NBC News reporter Leigh Ann Caldwell tweeted yesterday morning:
Kennedy and Trump/WH had been in negotiations for months over Kennedy's replacement. Once Kennedy received assurances that it would be Kavanaugh, his former law clerk, Kennedy felt comfortable retiring, according to a source who was told of the discussions.
Note two things. First, the words "negotiations" and "assurances" mean, unambiguously, that Caldwell is alleging a deal -- retirement now in return for the choice of the successor. Knowing Justice Kennedy personally from a year in his Constitutional Law class, I would be astonished and horrified if he actually did that. Second, this is rank hearsay. There is a reason that hearsay is generally inadmissible as evidence.
Caldwell then followed up: "I've deleted this tweet because it incorrectly implies a transactional nature in Kennedy's replacement." I would say "implies" is an understatement, but I won't quibble about that. Justice Kennedy may or may not have made recommendations to President Trump about a successor. There would be nothing wrong with doing that. The accusation that he struck a deal was reckless and irresponsible.
But you can't unring the bell. Even though the original tweet is deleted, the rumor continues to run wild.

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