Where does the Constitution prohibit the POTUS from telling the AG what to do, as it were?
You’re veering into left-wing propaganda specifically against Trump now. The Constitution makes the POTUS the land’s highest law enforcer, not the AG who is not even in the Constitution.
The Constitution does not explicitly state that a President cannot tell the Department of Justice (DOJ) what to do; however, the concept of prosecutorial independence and the need for the DOJ to be impartial is well-established through professional norms and the President’s duty to “take Care that the Laws be faithfully executed”. While the Attorney General is a cabinet member who works for the President, the Attorney General and the DOJ have discretion over prosecutorial decisions to ensure the fair administration of justice. Directing prosecutorial decisions can be seen as an abuse of power, as it conflicts with the DOJ’s role in upholding the law in an impartial manner, according to the National Constitution Center.
Constitutional Basis for Executive Power
Article II, Section 1: of the U.S. Constitution vests the executive power in the President.
Article II, Section 3: grants the President the duty to “take Care that the Laws be faithfully executed”. This principle underpins the President’s authority over the executive branch and its departments, including the DOJ.
Department of Justice Independence
The DOJ was established with the understanding that it should be an independent entity within the executive branch.
Prosecutors have significant leeway in making decisions about investigations and prosecutions.
This independence is not a written constitutional mandate but stems from professional norms and the need for fair and effective administration of justice.
The Role of the Attorney General
The Attorney General, who heads the DOJ, works for the President as a cabinet member.
However, the Attorney General and the DOJ have discretion in their operations, including prosecutorial decisions.
Potential for Conflict
A President can ask the DOJ to investigate a criminal act and has the power to appoint and remove the Attorney General.
However, a President cannot order a prosecution.
Directing prosecutorial decisions can be seen as a violation of the principles of impartiality and a form of obstruction of justice, even if not explicitly forbidden by the Constitution.
9-27.000 - Principles of Federal Prosecution - Department of Justice
Cir. 1965). This discretion exists by virtue of the prosecutor’s status as a member of the Executive Branch, and the President’s r...
Department of Justice (.gov)
Can the President Control the Department of Justice?
The Fordham Law Archive of Scholarship and History
Article II: Presidential Immunity to Criminal and Civil Suits - FindLaw
Aug 1, 2024 — What does presidential immunity cover? Presidential immunity generally provides immunity for a president’s official act...
“You’re veering into left-wing propaganda specifically against Trump now.”
No, I’m veering into an area that has been misused by the past president, Biden, for the attacks on the Trump administration with the ignoring politically of offenses to the government like those done by Hilary and her computer, and actions like those accomplished by James Comey, Letta James and many others that directly attacked the president even to the point of ignoring actions done by Biden concerning OPSEC and COMSEC violations they went after with Trump. Trump has played by the rules. The previous administrations haven’t and Trump has to stay clean.
wy69