Saturday, July 13, 2024

Check on power

The Justice Department reports to the Attorney General who reports directly to the president. The AG is appointed by the president and serves at the pleasure of the president. He can be fired by the president at any time for any reason. The FBI is a member of the US Intelligence Community and reports to both the Attorney General and the Director of the National Intelligence (DNI). The Director of the National Intelligence is a senior cabinet level official who reports directly to the president. According to the constitution one of the responsibilities of the congress is to act as a check on the power of the president. Recently the congress received a written copy of an interview of President Biden conducted by Special Councel Robert Hur. This means it is no longer covered by national security rules. Congress then asked for the tape of this conversation and the Justice Department refused. Congress has asked the courts to force the Justice Department to turn over the tapes but nothing has happened. If this is the end of the story it means that the president can act with impunity as no law is effective without enforcement. This appears to be a weakness in the constitution which was not anticipated by the founders. Recall when Eric Holder was the AG in the Obama administration and he refused to release information to the congress and that was the end of it. Holder said he was Obama's wing man. It seems that the recent ruling by the Supreme Court that supposedly gave too much power to the president was just an affirmation of what already existed.

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