What is the legal recourse for an AG who won't investigate crimes?

[Takket]

so with leaks coming out that Barr has not only shut down investigations into drumpf but has also prevented new ones from starting up...... what exactly can we do?

If someone is murdered and the police say they won't look into it.......... what can we do?

Is there any legal recourse? Is there any legal standard that the AG has to meet to "shut down" an investigation? are there any laws saying something along the line of "if there is ample evidence to warrant an investigation and the AG refuses to do it, that is a crime?"

[Wounded Bear]

1. Impeachment actually...

[Zolorp]

2. After he's out of office, the next AG could investigate him.

This sounds like a criminal conspiracy to cover up other crimes.

[ProudMNDemocrat]

3. Protest in front of the DOJ buildings...

Let Bully Barr see you do it too.

[elleng]

4. Mandamus

28 U.S. Code § 1361.Action to compel an officer of the United States to perform his duty

The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.

(Added Pub. L. 87–748, § 1(a), Oct. 5, 1962, 76 Stat. 744.)

A mandamus is normally issued when an officer or an authority by compulsion of statute is required to perform a duty and that duty, despite demand in writing, has not been performed. In no other case will a writ of mandamus issue unless it be to quash an illegal order.

https://en.wikipedia.org/wiki/Mandamus

[Takket]

5. here we go!!!!!!!!!

Now how do we get the House Dems to issue one of these??? We need to demand they continue the investigations barr has crushed

[elleng]

6. Not an easy remedy at all, but it does exist.

[stillcool]

11. why would they stop their investigations?

Aren't the investigation that have been squashed in the FBI?

[PSPS]

20. The FBI is part of and under the jurisdiction of the DOJ (barr)

[stillcool]

23. Yes...but that has nothing to do..

With all the different committee investigations being done by Congress.

[LTG]

19. The best route for the House Democrats is to continue investigations.

Not sure a mandamus action would work for Congress. The specifies a party to whom the duty is owed. Congress is generally not a part of that group. It would be. A duty owed the “people”, not another branch of government.

Much like how other suits have been dismissed for lack of an injured party. Haven’t read the opinion but am assuming lack of standing was at least part of the appellate court’s rationale dismissing the Congreesional suit for violations of the emoluments clause.

For emoluments it would probably be best brought by businesses impacted by loss of business income due to the President’s ownership of a competitor.

Not sure who would have standing in the case of Barr. It does, however fall directly within the powers of congressional oversight.

[crickets]

8. Since Barr already heads the DOJ, who could/would issue a mandamus?

Congress? The Supreme Court?

[elleng]

12. The district courts shall have original jurisdiction.

[crickets]

13. Hmmm

https://en.wikipedia.org/wiki/United_States_district_court

https://en.wikipedia.org/wiki/United_States_District_Court_for_the_District_of_Columbia <---- This one?


eta and thanks for helping me work through this, because it's a bit confusing.

[elleng]

14. Its very confusing, and difficult.

WHICH District Court would depend on where initiated, and where the action sought SHOULD be taken.

Jurisdiction issues are among the most important and difficult issues courts are faced with.

[crickets]

16. Ah. Well it's likely a doomed effort, but honestly SOMEONE should be able

to yank his leash. Barr's position is not supposed to encompass all of the power he's claiming.

Thanks again for the info help!

[Atticus]

18. I believe it is correct that Mandamus can only be used to compel the performance of a

"nondiscretionary" duty. If the officer's judgment is involved---i.e., is this investigation warranted?---a writ of Mandamus probably would not issue. The court would not reach the issue of whether the decision not to investigate was a wise one. Poorly used discretion is still discretion.

[Hortensis]

22. Yes, but like Trump's "perfect phone call," pattern and context

can establish that acts claimed to be performed within the scope of authority were in fact parts of a criminal action. I'm guessing that almost all illicit acts performed by Barr were in furtherance of larger illicit goals, and it would be strange, given his massive betrayals of duty, if at least some weren't clear violations of criminal statutes.

[Atticus]

24. I agree. I think they are all beyond worrying about statutes. They're above those. nt

[stopdiggin]

7. going nowhere

Barr, as top law enforcement official in the country, has enormous latitude. That's just the sad fact. It would be somewhat helpful for congress (read House) to continue to investigate (to the extent of their abilities) in order to shine a light on questionable actions and practice, thereby acting as something of a check. But that's about it. Again, sadly.

(and we shouldn't forget that Barr is far, FAR smarter than the president .. and Giuliani, Manafort, Cohen, et al .. and the likelihood of him fumbling and tripping all over himself is considerably less.)

[OnDoutside]

9. That's the unfortunate truth.

[kentuck]

10. The House should seriously consider impeachment of Mr Barr.

There are still questions about why he tried to bury the whistleblower report, after it was reported as "urgent" by the Intelligence Community Inspector General.

He has obstructed justice, at the very least.

[crickets]

17. +1000000

[PSPS]

21. No effect because: ignore subpoenas, refuse to provide documents, moscow mitch

Our system is horribly broken.

[RT Atlanta]

15. seek to have him disbarred

for a starter