Supreme Court nominee Brett Kavanaugh was "100 percent correct" when he wrote an article in 2009 stating a sitting president should be exempt from criminal prosecution until his term in office is over, Harvard Law professor emeritus Alan Dershowitz said Wednesday.
"Not only is he right about the president, he is right about the Senate and the House; they can't be investigated for what they've done on the floor," Dershowitz told Fox News' "America's Newsroom."
"It is right about judges and prosecutors. All of them are immune from investigation. They are immune from prosecution for performing their constitutionally authorized acts."
However, Dershowitz said he and Kavanaugh take a different view on the grounds for impeaching a president.
"In my book, I talk about the grounds for impeachment," Dershowitz said, referring to his book "The Case Against Impeaching Donald Trump."
"You must commit an actual crime. Kavanaugh took a different view. He said maybe you can be impeached for committing dastardly behavior. "
Meanwhile, Dershowitz said he does not feel that it was appropriate when Republicans blocked former President Barack Obama's Supreme Court nominee, Merrick Garland, and he believes Democrats are trying to take revenge with Kavanaugh's nomination.
"I wish both sides would de-escalate and confirm people on the merits," said Dershowitz. "[Antonin] Scalia got confirmed 98-2. In those days, people got confirmed unless there was something really, really questionable about their background."
Dershowitz said he has an open mind, but he wants to wait to hear the questions being posed for Kavanaugh before saying if he'd vote for him if he was a senator.
"My inclination is I would say yes, he is extremely distinguished," said Dershowitz. "Look, he went to Yale Law School. He went to teaching at Harvard, people I know. A great professor at Yale a liberal who shed tears when Hillary Clinton lost the election, he supports him in an op-ed in the New York Times.
"Great judges who are liberal and centrist support him. The Democrats have to give him a hearing and an opportunity. I want to hear his answer to questions. I have an open mind. "
Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
© 2026 Newsmax. All rights reserved.