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Can the president tell the Justice Department what to do?
Quote:
The Justice Department and the FBI do operate under the president’s authority, as set forth in Article II of the Constitution. Most experts, however, agreed that there are some limits on the president’s powers.
"It is not the case that the president has the authority to supervise the discretionary acts of all executive branch officials," said Kermit Roosevelt, a law professor at the University of Pennsylvania. "His duty is to take care that the laws are faithfully executed, not to execute them himself."
He cited an 1838 Supreme Court case in which the justices ruled that Congress can impose duties on officials and "in such cases, the duty and responsibility grow out of and are subject to the control of the law, and not to the direction of the President."
This traditional distancing has been seen as especially important for the Justice Department, since it wields significant power in deciding who to investigate and prosecute.
dept of justice under the executive branch, prez is in charge
"2013. “ Eric Holder: ‘I’m Still the President’s Wingman’
'Holder developed a close personal friendship with Obama that allowed him to slip comfortably between casual, informal “Barack and Eric” interactions and official business, while achieving, at times, something of a mind meld with the president.'
Holder falsified a warrant to spy on journalists opposed to Obama's policies
'Our relationship goes beyond him being the president and me being the attorney general,” Holder told The Washington Post'.. Imagine if Barr said that about he and trump!!!!!!!!!!!!!!!!!!!
Holder wouldn't talk about fast and furious and his bud proclaimed exec privilege, otherwise known as a cover-up, according to Charles Schumer.
Former Attorney General Eric Holder openly professed his allegiance to former President Barack Obama in 2013, telling a radio host that he was the president’s “wingman.”
the double standard is glaring and further divides the country.
Eric holder under Clinton pardoned /released Bernie Madoff and the PR terrorists who killed people.
No investigation.
Obama pardons marc rich, not a problem
Obama commutes the faln/ PR terrorist leader, not a problem. terrorist bill ayres, Obama buddy, celebrated the release.
At this point I'm not sure that DJT even comprehends the concept of impartiality. He just doesn't possess the right neuron to fire within that undisciplined brain.
No, it's akin to the CEO being in charge of his organization, which is the most natural thing in the world and, of course, what the Constitution dictates.
Trump interfering with the operation of the courts shows why states and cities electing the AG separately from the governor/mayor leads to better government.
if as it seems the Dept. of Justice is in the Executive Branch then yes he can.He is the head of the Executive Branch. I was surprised by this never looked before I always assumed the Justice Dept had some place in the Judicial Branch. This being said how the President ultimately runs it is still constrained by the Constitution and the Supreme Court. People are welcome to challenge him there if what they feel being done is illegal. The President also has to answer to the ultimate decider the voter. Although that didn't seem to hurt Obama and his "wing man" Eric Holder.
Trump interfering with the operation of the courts shows why states and cities electing the AG separately from the governor/mayor leads to better government.
Do explain. I'm all for directly electing attorneys general and state prosecutors, but do not want such a system at the federal level. Also, there has been corruption (not that this is a case of corruption here) and disregard for the rule of law whether AGs and state prosecutors are elected or appointed.
The reason why I want directly elected AGs/state prosecutors is because it makes them more independent and increases the chance of the defense of laws in the case where a partisan governor (or vice versa) doesn't want to defend laws in court as one example, as many leftist governors did with marriage cases and with 2nd Amendment cases. But this is not an independence that I want for the POTUS as it would only serve to hamstring government in my view.
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