With New Acting AG, Trump Can Now Control The Justice Department
AG Sessions is gone, with the elections over Trump, in a move that should not have surprised anyone, wanted someone that was going to work with him in the Justice Department, not recuse himself and let the department run amuck. With the new Acting AG now appointed, and I am sure Trump is eyeing his next appointee to make sure he will be involved, not recusing himself right away, the left is reacting in outrage to this.
What seems unknown to many, the Justice Department is part of the executive branch, it is under the direction of and answerable to the president. As President Trump has the legal authority to direct it to investigate, to stop investigating, to give directions where it should turn. This is nothing new, even back in the days of Jefferson, we had a president who actively became involved with the justice department directed and aided in investigations. This was challenged at the time, but the courts found that he did have the executive authority to do such a thing. Time has passed, the Justice Department has grown to think it is free from Presidental control, but that is far from the truth, something that is now headed towards a showdown.
With Mueller now being challenged in court, the authority he is acting under as directed by Rosenstein is being questioned at the constitutional level in court right now by Trump’s longtime associate, Roger Stone. In this case, it is being argued before the court the question over the legal authority of Rosenstein to appoint a special counsel, only the AG or congress may do this, and if he was appointed illegally, then does he have any authority to subpoena anyone?
This was initiated by Rodger Stone, who publically said that what the special prosecutor is doing is wearing people down financially until they go bankrupt, if he can’t ruin them legally for being friends with Trump then he is going to ruin them financially with legal costs.
The newest outrage is the Democrats feel that Rosenstein is on their side, with AG Sessions gone, now Acting AG Matthew G. Whitaker now in Sessions spot, the Democrats are frantically yelling that he has to recuse himself, are also saying they will demand this of any person nominated to replace Sessions. One has to ask, where is the constitutional precedence for this, by what legal right do they have to demand this, good thing the Senate next session has more GOP seats picked up, the DNC will not be able to pull something like this.
What we most likely will see is the Acting AG, Whitaker will instruct the Special Prosecutor’s office to narrow their findings to what they were originally supposed to find, they will also force them to finish up their findings so this is not dragging on until 2020, which is what the Left wants, if they refuse, start to dry up their fundings, that is the right of the AG, thus Meuller will be forced to finish up.
But this may all be of little consequence if the court rules that the appointment of the Special Counsel was not legal, then they would have little choice but to fold up and all convictions would then be called into question, most likely even overturned.