Posted on 05/13/2023 6:33:04 AM PDT by E. Pluribus Unum
The idea that the attorney general and the Department of Justice are independent from the president is a modern misconception with no basis in the Constitution.
This is clear just from Article II of the Constitution, and it is even clearer in Federalist Paper 76, which discusses the appointment of officers in the executive branch.
If we are ever going to put the genie of the unconstitutional fourth branch of government back into its bottle, we have to bust this myth. The administrative state, especially after the astonishing revolution that the New Deal era accomplished, is now strangling our republic.
Let’s start with just a few examples of how prevalent the myth is: The Biden administration’s DOJ claims that it is independent on its own website. Attorney General Merrick Garland vowed when he took office to restore the department’s independence. In another example, former Trump administration U.S. Attorney Geoffrey Berman lamented that he should have been independent not just of the president, but also of his DOJ superior two tiers above him, Attorney General Bill Barr. Were Berman to get his way, DOJ would not just be independent, it would be a balkanized set of 93-plus individual DOJ potentates ruling the nation.
The Washington Post occasionally speaks of the DOJ as having a “measure of independence,” recognizing that, since the attorney general reports to the president, perfect independence is impossible.
Legal academics, political scientists, and leftist pressure groups are the worst. They constantly proclaim the DOJ’s independence as a dogmatic element of their faith in a technocratic government set loose from the people.
(Excerpt) Read more at spectator.org ...
DOJ serves the executive branch exclusively. The President says jump, they say how high. The President say take someone down, they say how far. That’s the truth.
And the unconstitutional myths of it being lawful for the federal to regulate things that merely affect commerce, commerce within a State, fund education among the States, hold non-State Actors liable for federal civil rights, have federal welfare programs, and so on.....
Only deep staters can take advantage of their DOJ. It is independent if you do something the deep state doesn’t like.
The president is literally empowered to start or stop an investigation, or even conduct it himself. There is no basis of this so called independence. The remedy if he misuses that power is impeachment.
And it’s truly an abomination that the DOJ sent its FBI to infiltrate the White House and spy on the president.
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to get an idea of the dependence, think of the Kennedy administration. Bobby, John’s brother, was the Attorney general. They met each day for decisions.
The President by selecting key personnel (with the consent of the Senate) has the ability to set DOJ priorities.
Once on the job, DOJ employees are bound by Congressionally authored statutory law.
The DOJ must take orders from the President consistent with the Constitution and statutory law.
If President Trump on January 22, 2025 says to investigate Georgia election theft, the DOJ must do so.
Congress can bar unwanted presidential management of the DOJ by passing a law (provided it is not effectively vetoed by the current President).
“The remedy if he misuses that power is impeachment.”
Impeachment must be on the basis of a crime.
If President Trump in 2025 says that 50% of DOJ people must focus on election violations, that is not criminal.
If Biden tells Merrick Garland to overlook election fraud, then that probably is criminal.
When this country was founded, Federal crimes were almost non-existent. Laws against treason and tax evasion were pretty much the extent of the U.S. criminal code. Back then, Federal attorneys were basically real estate lawyers whose primary role was administering land deals with states, territories and foreign governments.
Eliminate all the useless Federal laws -- which is at least 98% of them -- and you wouldn't need this Nazi "fourth branch of government" anymore.
POTUS must be held responsible for the actions of the DOJ.
Step one.
The Kennedy brothers were ‘close’ and liked to work together.
I also think Bobby was smarter and far more gung ho. Jack was happy to let his brother help him out.
“Eliminate all the useless Federal laws”
If there were not “useless” federal laws, there might be 40 different “useless” state laws.
Think of OSHA and the California pig raising proposition.
Independent from the president is a modern misconception with no basis in the Constitution
FDR created departments to undermine the Constitution and the democrat party has kept up the trend to maintain control.
I think it was Clinton? that ordered the FBI and the CIA not to exchange information.
No!
Impeachment is a political act. All the House needs to deliver a Bill of Impeachment is a simple majority. A president could be impeached if a majority of the House didn’t like his tie! Likewise, if 2/3’rds of the Senate agreed about his choice of tie he could be removed!
The media who are willfully ignorant of the Constitution know a majority of their viewers are also ignorant of it. Most viewers haven’t seen it since they were forced to in 10th grade Civics. This allows the MSM to misrepresent the impeachment process.
If the president committed a criminal act. The criminal charge & trial would come later after removal from office or has left office by resignation or term has ended.
Wait here, I’ll ask Trump if he agrees.
“..I think it was Clinton? that ordered the FBI and the CIA not to exchange information.....”
I don’t know about it being Clinton, but it was certainly one of his minions - Jamie Gorlick who blocked the sharing of that information. She admitted she did, talked about the necessity of a wall between the two agencies.** The sad thing is, later during the 9\11 investigation she served on the investigation panel! She should have been testifying in front of it. She had no business being on that panel!
Another thing about Ms Gorelick, if you look you will find her at the center of the 2008 mortgage crisis meltdown - ViceChair of FannieMae. Throughout her career her sole qualification for every job she had was being buds with Hillary & Bill.
** In light of the FBI & CIA collusion over Trump maybe she was right!
Thanks for connecting the dots most helpful.
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