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View Poll Results: Can the President Control the Department of Justice?
No 22 30.56%
Yes 31 43.06%
He can but he shouldn't 16 22.22%
No- because it makes the AG's job impossible 3 4.17%
Voters: 72. You may not vote on this poll

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Old 02-14-2020, 09:06 AM
 
6,358 posts, read 2,905,161 times
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With this spat between Barr and Trump going on I looked it up and found this:
Quote:
The history and policy strongly suggest that, as a general matter, the Attorney General and subordinate prosecutors may not accept direction from the President but must make the ultimate decisions about how to conduct individual investigations and prosecutions, even at the risk of being fired for disobeying the President. The Constitution does not determine whether ultimate authority rests with the President or the prosecutors, leaving Congress to decide. Congress has not explicitly answered the question, but its silence since the late nineteenth century in the face of the evolving importance of prosecutorial independence suggests that Congress has acquiesced in a relationship in which the President may express views to the Attorney General, but the ultimate authority rests with the Attorney General or with subordinate prosecutors to whom the Attorney General delegates authority.

https://www.law.ua.edu/lawreview/fil...oiphe-1-75.pdf


Trump says he has "legal right" to ask Barr to intervene in criminal cases

https://www.axios.com/trump-tweets-l...7d7f29f24.html


So which is it?




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Old 02-14-2020, 09:11 AM
 
3,637 posts, read 1,700,733 times
Reputation: 5465
This is akin to the Fox guarding the hen house.
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Old 02-14-2020, 09:14 AM
 
7,272 posts, read 4,217,971 times
Reputation: 5466
Trump never asked Barr to intervene. Where do you get this from?
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Old 02-14-2020, 09:14 AM
 
Location: bold new city of the south
5,821 posts, read 5,306,705 times
Reputation: 7118
Default Can the President Control the Department of Justice?

Yes, Obama did, when Holder was his 'wingman'. Trump doesn't, Barr is his own man.
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Old 02-14-2020, 09:15 AM
 
17,440 posts, read 9,277,731 times
Reputation: 11907
Quote:
Originally Posted by mascoma View Post
With this spat between Barr and Trump going on I looked it up and found this:

https://www.law.ua.edu/lawreview/fil...oiphe-1-75.pdf


Trump says he has "legal right" to ask Barr to intervene in criminal cases

https://www.axios.com/trump-tweets-l...7d7f29f24.html


So which is it?



Your own Link and quote answered that question. The President ask, he may inquire ... he should not order.
The President has the right to an Opinion - it’s all ultimately decided by the Attorney General.

Oddly enough, this is Exactly what you Link says, what Attorney General Barr says AND what President Trump said. They “get it”, I “get it” .... the OP should “get it” because the Link an Quote from the Link establish it.
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Old 02-14-2020, 09:21 AM
 
6,358 posts, read 2,905,161 times
Reputation: 7293
Quote:
Originally Posted by Kibby View Post
Your own Link and quote answered that question. The President ask, he may inquire ... he should not order.
The President has the right to an Opinion - it’s all ultimately decided by the Attorney General.

Oddly enough, this is Exactly what you Link says, what Attorney General Barr says AND what President Trump said. They “get it”, I “get it” .... the OP should “get it” because the Link an Quote from the Link establish it.
What Trump's saying:
"The President has never asked me to do anything in a criminal case." A.G. Barr This doesn’t mean that I do not have, as President, the legal right to do so, I do, but I have so far chosen not to!


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Old 02-14-2020, 09:40 AM
 
8,411 posts, read 7,428,259 times
Reputation: 6409
We all know by now that Trump doesn't outright ask his henchmen to carry out his duties. He hints and suggests you to do what he wants. There are many people that have testified to it. That's the reason Barr couldn't answer Harris's question when he appear at a hearing. For Barr to say Trump didn't ask him means nothing, Cohen testified to that.

Trump can't intervene in sentencing or ask for investigations into his political opponents or enemy. Trump has pressured the DOJ to open investigations. His personal attorney has a backchannel to submit evidence about the Biden's to Barr. Something he couldn't get Ukraine to do. Trump wanted MCCabe and Clinton to be investigated. The judges can see what Trump is up to and they don't like it. Barr has carried out Trump's bidding with the hiring of Durham too. Barr applies Trump's talking points of collusion and spying. It speaks volumes when people at the State Department, DOJ and within the administration want nothing to do with the leadership of corruption.
https://twitter.com/BrianDMcBride/st...81606752686081
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Old 02-14-2020, 09:43 AM
 
Location: Santa Monica
36,853 posts, read 17,382,061 times
Reputation: 14459
Quote:
Can the President Control the Department of Justice?
Of course he/she/it can!

The anti-Federalists weren't just whistling Dixie when they opposed the Judiciary Act of 1789.

Or maybe they were? I'm a public school graduate so better double check.

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Old 02-14-2020, 09:44 AM
 
45,591 posts, read 27,215,643 times
Reputation: 23900
Response...

https://twitter.com/kaitlancollins/s...90217078325254
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Old 02-14-2020, 09:47 AM
 
Location: North Central Florida
6,218 posts, read 7,734,055 times
Reputation: 3939
The Department of Justice is a part of the Executive Branch of the United States.

With the POTUS as Chief Executive, that would seem to imply that the POTUS can indeed "control" the DOJ.

I'm not certain if there are certain limitations to said control however.


CN
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