General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsHas anyone ever suggested making the Attorney General independent of the White House?
If justice is to be truly blind, the AG should not be a cabinet position.
I guess no one ever anticipated the level of corruption that this administration is binging.
leftieNanner
(15,084 posts)I recall how careful Barack Obama and Eric Holder were to keep the White House and DOJ separate.
Geez.
unc70
(6,113 posts)Remember John Mitchell
CaptYossarian
(6,448 posts)empedocles
(15,751 posts)CaptYossarian
(6,448 posts)That includes Putin, the Russian Mafia, the money laundering banks, and all the oligarchs. We can separate the family for good measure.
empedocles
(15,751 posts)Poiuyt
(18,123 posts)But your point is well taken
Wounded Bear
(58,649 posts)It has been the custom that the WH is hands off when it comes to DoJ.
Obviously, that has changed.
X_Digger
(18,585 posts)The legislative branch creates the laws.
The executive branch enforces the laws.
The judiciary branch adjudicates the laws.
Where would this magic AG sit? In the judiciary? So the Judiciary would have the ability to both enforce and adjudicate the law? That wouldn't end well.
Red Mountain
(1,733 posts)No matter what branch it's attached to.
Tough one.
TomSlick
(11,098 posts)it is not unusual on the state level for the Attorney General to be independently elected. (I haven't done the research to say it's the norm.)
The next question would be how U.S. Attorneys would be selected. If the AG is independent of the executive branch, the logical answer would seem to be that the U.S. Attorneys would either be appointed by the AG - subject to Senate approval - or themselves popularly elected within the U.S. judicial district.
Of course, any of this would require a constitutional amendment, which would be a really hard slog.
SmartVoter22
(639 posts)That might work, but we certainly need to address limits of POTUS and the Executive branch.
The Senate alone is no longer a viable or credible means to approve appointments.
Nominations by state Bar Associations.
StarfishSaver
(18,486 posts)SmartVoter22
(639 posts)It would not be administered by Congress. Only the nomination ( qualification and peer recommendation from state bars) and the approval (forcing bipartisan approval with 67% of both houses). Once approved, the AG would be under Judiciary Administrative Rules.
We can setup rules for any branch, if we choose to. How is this done now? via SCOTUS as they do with Federal Courts?
StarfishSaver
(18,486 posts)And they shouldn't.
Who would the AG report to? Whose policies would they follow? Who would discipline/fire them if they didn't perform well or got out of line? The state bar association? How would that work? State bar associations are private organizations, run by all kinds of people unaccountable to anyone but their membership.
Operating under the rules that apply to the judiciary would not only make them part of the Judicial branch, but would also create a whole new range of problems and issues since those rules apply to the operation of the courts, not to prosecutors.
Sorry, but this wouldn't work.
Out system has always worked well until it fell into the hands of corrupt people. That can happen to any system, regardless how near-perfect. If the system you suggest was administered by corrupt people, it would also fail.
The answer to this problem is not to dismantle the current system but to take responsibility and take action to change the people we put in charge of it.
SCantiGOP
(13,869 posts)I had a PoliSci professor in college who advocated a constitutional amendment to require that the US AG be elected.
What has happened today would have been the strongest support for his proposal that I can imagine.
a kennedy
(29,658 posts)zipplewrath
(16,646 posts)It was argued for a long time when the constitution was being written. Many wanted the AG to be a nationally elected office. But they realized that if they were of different parties, the AG would have the power to do little but harass the president. There aren't alot of good solutions to this. The God's honest truth is the EC was supposed to prevent all of this from happening. They really are what failed us.
Poiuyt
(18,123 posts)They would be shocked to see what is going on right now.
As I said, the EC was supposed to prevent this crap. It failed. The Senate was supposed to prevent this crap. It failed. 51% of the Senate is controlled by 30% of the country. This cannot long last.
randr
(12,412 posts)Back when America was great.
Buckeyeblue
(5,499 posts)Right now we have a very extreme president and AG. Neither seem to be concerned about the consequences once they are no longer in their respective positions. In some ways that's what concerns me the most.
I also think the House needs to take a tougher approach to Barr.