[(Title)] Analysis: President Donald Trump's legal philosophy puts politics first.

President Donald Trump welcomed Brett Kavanaugh to the White House on Monday evening for a ceremonial swearing-in as the Supreme Court's new associate justice.

唐纳德·特朗普总统周一晚间在白宫欢迎布雷特·卡瓦诺赫，以仪式宣誓就职为最高法院新的准法官。

The event was much more a culmination of a political fight than a legal one. Kavanaugh's legal philosophy faded into the background over the last month as the country debated assault allegations that had emerged against him. The speech by Sen.

这次事件更多的是政治斗争的高潮，而不是法律斗争。kavanaugh的法律哲学在过去的一个月里逐渐消失在背景中，因为该国对针对他的攻击指控进行了辩论。的苏珊·柯林斯（Susan Collins）证实，她将支持卡瓦诺的提名，主要集中在审判方面，但到那时，有关卡瓦诺的争论已经变成左派与右派指正，而不是权利和先例。

Susan Collins, R-Maine, in which she confirmed that she would support Kavanaugh's nomination focused heavily on jurisprudence, but by then the Kavanaugh fight had become about left vs. right, not about rights and precedent.

The extent to which Trump himself was well-read on Kavanaugh's decisions before the nomination is unclear.

特朗普本人在提名前对卡瓦纳格决定的理解程度尚不清楚。

"No president has ever consulted more widely, or talked with more people from more backgrounds, to seek input about a Supreme Court nomination," Kavanaugh said when Trump announced his nomination,

卡万在特朗普宣布提名时表示:“没有一位总统比他更广泛地听取群众的意见，也没有与更多来自不同背景的人交谈，寻求对最高法院提名的意见。”

a claim that was treated with some skepticism at the time. It's understood that Kavanaugh's name was selected from a list of jurists compiled with substantial help from the conservative Federalist Society and the Heritage Foundation.

这一说法在当时受到了一些怀疑。据了解，Kavanaugh的名字是在保守的联邦主义协会和传统基金会的大力帮助下从法学家名单中选出的。

It's not a surprise, then, that, during the ceremony honoring Kavanaugh, Trump avoided any mention of Kavanaugh's judicial philosophy. Instead, Trump offered a bit of his own.

因此，在尊敬卡瓦诺的仪式上，特朗普避免提及卡瓦诺赫的司法哲学，这毫不奇怪。相反，特朗普主动提出了一点自己的观点。

"What happened to the Kavanaugh family violates every notion of fairness, decency and due process," Trump said of the allegations made against Kavanaugh. "In our country, a man or woman must always be presumed innocent unless and until proven guilty.

“卡瓦诺的家族所发生的一切违反了公平、体面和正当程序的每一个概念，”特朗普对卡瓦纳格提出的指控说。“在我国，除非被证实有罪，否则必须永远认定这个人是无罪的。因此，我必须声明，先生，在历史的审视下，你是无辜的。"

And with that, I must state that you, sir, under historic scrutiny, were proven innocent. You were."

The bitter battle over Brett Kavanaugh's nomination to the Supreme Court has exacerbated the nation's political divide and left many Americans emotionally raw. It's also given new definition to the high stakes of November's election.

关于Bret tKavanaugh在最高法院获得提名的激烈斗争加剧了国家的政治分歧，并使许多美国人感到不安。这也给11月选举的重大关头带来了新的定义。直到现在，控制国会的斗争比比皆是。

Until now, the fight for control of Congress has largely been...

We've heard the first part of this argument frequently in recent weeks, as Kavanaugh supporters have insisted that the default assumption in regard to the accusations should be that Kavanaugh didn't act as alleged. The latter part, though, is new.

Kavanaugh was no more proven innocent than he was proved guilty. The allegations against him exist in limbo, unsettled, lingering.

卡瓦诺被证明无罪，就像他被证明有罪一样。对他的指控悬而未决，挥之不去。但这是特朗普对待法理学方法的重要组成部分。我们把他关于法律问题的明确思考归纳为三个核心戒律。

But this is part and parcel of Trump's approach to jurisprudence. We've distilled his demonstrated thinking on legal issues down to three core precepts.

When Trump first declared that Kavanaugh should be considered innocent until proven guilty, the immediate response was that he was demanding a standard that didn't fit the situation.

Were Kavanaugh under arrest and facing trial, it would indeed be up to the state to prove him guilty beyond a reasonable doubt.

如果卡瓦诺被捕并面临审判，国家确实有责任证明他有罪，没有合理的怀疑。但这不代表他该继续在最高法院任职。

But Kavanaugh didn't need to be proven to have committed the alleged assaults in order to be blocked from taking a seat on the Supreme Court.

Brett Kavanaugh's confirmation to the U.S. Supreme Court has put a spotlight on the dozens of federal cases pitting the Trump administration against Democratic-leaning states, on issues including auto emission standards,

卡瓦诺对美国最高法院的确认，突显出几十起联邦案，使特朗普政府与依赖民主党的州发生冲突，其问题包括汽车排放标准，移民和自由的互联网。

immigration and a free-flowing internet.

He lashed out against "left-wing...

It was also hard not to immediately note that Trump's fealty to the primacy of innocence was itself a bit spotty.

When a group of black and Hispanic teenagers were arrested in New York City in 1989, accused of raping a woman in Central Park, Trump took out full-page ads calling for the state of New York to reintroduce the death penalty.

1989年，当一群黑人和西班牙裔青少年因被指控在中央公园强奸一名妇女而在纽约市被捕时，特朗普拿出整版广告呼吁纽约州重新实行死刑。虽然他没有特别提到强奸案，但他确实谈到了“游荡的野生犯罪团伙”在公园里制造的恐怖。但更明显的是，即使这五名男子被判有罪，后来在一连串的强奸犯供认后被免罪，特朗普仍坚持他们的罪责。

While he didn't cite the rape case in particular, he did talk about "roving bands of wild criminals" terrorizing the park.

More telling, though, is that even after the five men were convicted of the crime and later exonerated following a serial rapist's confession, Trump stood by his assertion of their guilt.

"They admitted they were guilty," Trump said on CNN during the 2016 election. "The police doing the original investigation say they were guilty. The fact that that case was settled with so much evidence against them is outrageous.

“他们承认自己有罪，”特朗普在2016年大选时对美国有线电视新闻网(CNN)说。“最初调查的警察说他们有罪。这个案子得到解决，有很多不利于他们的证据是令人愤慨的。那个女人受到了永远的伤害”

And the woman, so badly injured, will never be the same."

Those confessions, obtained from teenagers generally without parents or attorneys present, were soon retracted.

But Trump established their guilt shortly after the accusations emerged and then, during a campaign when his focus was on crime and safety, reiterated his allegations against the men to bolster his bona fides.

Kavanaugh is not the only political beneficiary of Trump's insistence that his allies are innocent.

卡瓦诺并不是特朗普坚持捍卫的唯一的盟友。特朗普在2016年春天为他的前竞选经理科里·勒万多夫斯基的清白辩护，此前勒万多夫斯基被指控在竞选活动中性骚扰一名记者。

Trump defended the innocence of his former campaign manager Corey Lewandowski in the spring of 2016 after Lewandowski was accused of grabbing a reporter at a campaign event.

After video from the scene — at one of Trump's own properties — showed that the reporter's version of the story was true, Trump simply downplayed it.

在现场的视频显示记者对故事的描述是真实的之后，特朗普只是淡化了它。他继续为阿拉巴马共和党众议员罗伊·摩尔辩护，反对摩尔上世纪70年代不当地接触一名未成年少女的指控，直到摩尔去年失去了竞选参议院席位的机会。

He continued to defend Alabama Republican Roy Moore against allegations that Moore had inappropriately touched an underage girl in the 1970s until Moore lost his bid for a Senate seat last year.

Now Moore is Trump's go-to example of a flawed candidate.

When allegations emerged against then-Sen. Al Franken, D-Minn., last year, though, overlapping with the Moore allegations, Trump was unrestrained in his condemnation.

As with Kavanaugh, in most of these cases "innocent until proven guilty" is not the necessary standard for public evaluation. But Trump's willingness to demand that standard only on behalf of his allies is notable.

Earlier this year, we noted that Trump's deployment of legal arguments for political ends is broader than debates over guilt and innocence.

Since he began running for office, he has suggested in tweets or speeches that the following individuals or organizations have actually broken the law:

That was through January. Since then, Trump has also leveled accusations of illegal behavior against Rep. Adam Schiff, D-Calif., the Justice Department, the FBI, the state of California, former Secretary of State John Kerry,

the investigation by special counsel Robert Mueller, the Obama administration, Sen. Mark Warner, D-Va., Twitter, former FBI agent Peter Strzok and Google. Plus Comey and Clinton a few more times.