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(111,111 posts)
Tue Dec 29, 2020, 10:17 AM Dec 2020

Is it important for an Attorney General to have a Democratic House and Senate?

One could see, as we have seen, how a Party can obstruct and block investigations from an opposing Party.

In reality, that should have no bearing on the pursuit of justice. But, it did.

Is that why Biden is waiting to nominate his choice for Attorney General? Perhaps until after the Georgia special election? There is no reason to believe that McConnell and his comrades would not continue to block investigations of criminal wrongdoing.

Just a thought, because we do not know how serious the new Administration will be in pursuing the crimes of the previous Administration? They may believe the most important thing for our nation is to heal the divisions and move forward?

We are leaving four years where everything was relative to the narcissism of the Leader. People that are lacking in empathy have no sense of guilt or crime. Emoluments is just an obsolete phrase in the Constitution. It really doesn't matter if the President does business with foreign allies, or even with foreign adversaries. There is no sense of guilt when there is no empathy.

The same relativism would apply when the President attempted to bribe a foreign leader to mount a character assassination against his political opponent. There was no sense of guilt. It was just an advantage he was looking to gain.

Will the country attempt to move forward after the Inauguration of Joe Biden? Will he attempt to "unite" the country? Will he be successful?

Some may argue that if justice is ignored, then it would be to the detriment of the country, no matter the good intentions of healing the divisions?

It is going to take a very strong leader to lead the new Justice Department.

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Response to kentuck (Original post)


(13,405 posts)
2. If the fascists hold the senate Biden will either have to cave on nominees
Tue Dec 29, 2020, 10:48 AM
Dec 2020

or live with temporary acting appointments. McConnell is not going to approve anyone who is even remotely left of Reagan Democrats.

In my worthless opinion Biden should nominate the people he wants, let McConnell block those appointments, and then temporarily appoint the people he wants. Or settle for Joe Lieberman being appointed to all cabinet positions.

Response to Voltaire2 (Reply #2)



(18,486 posts)
3. How would Congress block investigations by the Attorney General and DOJ?
Tue Dec 29, 2020, 10:51 AM
Dec 2020

The Trump administration is not a good guide here. The Republican Senate didn't block investigations - they just didn't conduct any. And the Democratic House tried to conduct investigations but the Administration refused to cooperate.

If Biden's DOJ wants to conduct investigations, I doubt there's that much Congress - especially one in which Republicans control only the Senate - can do to stop it.


(111,111 posts)
5. Because the Congress is not independent from the investigative process.
Tue Dec 29, 2020, 11:02 AM
Dec 2020

They have a duty to get the truth for the American people. Can you imagine the Justice Department indicting and prosecuting something like the Ukraine bribery story without Congressional participation? Perhaps it should be that way but the Congress has an oversight responsibility that cannot be ignored.

As we have seen in the last 4 years, Republicans were willing to bring pizza to a top-secret hearing in attempts to blow up the Congressional investigation.

In my opinion, the Justice Department can prosecute but the Congress must have the power to investigate. If hindered in that effort, it affects the entire judicial process.



(18,486 posts)
8. You don't seem to understand the separate jurisdictions of the legislative and executive branches
Tue Dec 29, 2020, 11:34 AM
Dec 2020

Investigations conducted by DOJ are completely separate from Congressional oversight. Congressional oversight has nothing to do with investigations and prosecutions in the executive branch and Congress doesn't "participate" in investigations by the Justice Department. The Justice Department's investigatory and prosecutorial powers are conducted within its own jurisdiction by its own investigators and prosecutors. Congress has nothing to do with it. Congress has oversight power, but that power is totally within its own jurisdiction is neither a prosecutorial power nor does it have any connection to the executive branch's power to investigate and prosecute.


(111,111 posts)
9. I suppose their investigations are only for the public good?
Tue Dec 29, 2020, 11:37 AM
Dec 2020

That would assist in the legitimacy of the Justice Dept prosecutions, in my opinion.

You are correct that the Congress does not prosecute.



(18,486 posts)
10. Yes. Their investigations have two purposes
Tue Dec 29, 2020, 11:41 AM
Dec 2020

The first is to assist them in the development of legislation. The second - the oversight power - is, as you note, for the public good. If during the course of those investigations, they find wrongdoing, they refer the matter to the Justice Department for investigation and prosecution. But DOJ conducts its own investigations and most of their investigations are initiated and conducted completely independently of any congressional investigation.


(2,283 posts)
6. Congress
Tue Dec 29, 2020, 11:07 AM
Dec 2020

It’s probably more important for a democratic Congress to have a democratic AG so that finally, Congressional subpoenas can be enforced. At the very least, even if we don’t win the Senate, the new AG will enforce House subpoenas.


(5,274 posts)
7. May be waiting for results of Georgia runoff to know how Senate confirmation will go
Tue Dec 29, 2020, 11:07 AM
Dec 2020

If he were to pick Merrick Garland and have a vacancy in that court position, McConnell might refuse to hold hearing on Biden replacing Garland with a Democratic judge. On the other hand if Biden wanted Sally Yates, her confirmation under McConnell and Repub majority could be difficult.

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