Election 2024

Twin_Moose

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Apr 17, 2017
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pgs

Hall of Fame Member
Nov 29, 2008
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The state of New York.

Biden had nothing to do with it.

Even if it was the Federal DOJ, he still had nothing to do with it as the DOJ is independent of the President.
Do grand juries in Washington D.C. send charges to the courts in New York ?
 

Twin_Moose

Hall of Fame Member
Apr 17, 2017
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Twin Moose Creek
The state of New York.

Biden had nothing to do with it.

Even if it was the Federal DOJ, he still had nothing to do with it as the DOJ is independent of the President.
The AG is appointed by the POTUS and confirmed by the Senate, Jack Smith was appointed by the AG and not confirmed by the legislative branch, so a direct link to the executive branch.
 

Serryah

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Dec 3, 2008
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The AG is appointed by the POTUS and confirmed by the Senate, Jack Smith was appointed by the AG and not confirmed by the legislative branch, so a direct link to the executive branch.

Point made - the AG is political and appointed by the President and can be fired so thus they are tied to the President.

Special Council is different.


"A special counsel is an attorney appointed to investigate, and possibly prosecute, a case in which the Justice Department perceives itself as having a conflict or where it’s deemed to be in the public interest to have someone outside the government come in and take responsibility for a matter."

And an interesting read from 1999 about the topic:


They may be tied because they're hired by the DOJ, but they're also meant to be used for impartiality BECAUSE the DOJ has or might have a conflict of interest in a case.


In this case, it's still the state of New York that brought the charges against Trump, not the DOJ.
 

pgs

Hall of Fame Member
Nov 29, 2008
27,943
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Point made - the AG is political and appointed by the President and can be fired so thus they are tied to the President.

Special Council is different.


"A special counsel is an attorney appointed to investigate, and possibly prosecute, a case in which the Justice Department perceives itself as having a conflict or where it’s deemed to be in the public interest to have someone outside the government come in and take responsibility for a matter."

And an interesting read from 1999 about the topic:


They may be tied because they're hired by the DOJ, but they're also meant to be used for impartiality BECAUSE the DOJ has or might have a conflict of interest in a case.


In this case, it's still the state of New York that brought the charges against Trump, not the DOJ.
Actually the last set of charges came from the District of Columbia , by a special council that was never approved by congress .
 
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Twin_Moose

Hall of Fame Member
Apr 17, 2017
21,985
6,108
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Twin Moose Creek
Point made - the AG is political and appointed by the President and can be fired so thus they are tied to the President.

Special Council is different.


"A special counsel is an attorney appointed to investigate, and possibly prosecute, a case in which the Justice Department perceives itself as having a conflict or where it’s deemed to be in the public interest to have someone outside the government come in and take responsibility for a matter."

And an interesting read from 1999 about the topic:


They may be tied because they're hired by the DOJ, but they're also meant to be used for impartiality BECAUSE the DOJ has or might have a conflict of interest in a case.


In this case, it's still the state of New York that brought the charges against Trump, not the DOJ.
Agreed if Jack Smith was approved by congress to give him the independent power, but he was only hired by the AG under the FBI and working for the AG clauses of the constitution he is not independent
 

Serryah

Hall of Fame Member
Dec 3, 2008
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Agreed if Jack Smith was approved by congress to give him the independent power, but he was only hired by the AG under the FBI and working for the AG clauses of the constitution he is not independent

Funny how you say if he was approved by congress that'd somehow mean he'd be independent.

Wouldn't that make him JUST as beholden to Congress?

What about previous DOJ Special Counsels? Or do those not matter because they were before now and suddenly, because it's Trump, the law is magically "not being followed"? That those DOJ's weren't "biased" but now, suddenly, they are?