OPINION
PAOLETTA: Trump Should Assert Operational Control Over DOJ If He Gets Elected
Mark Paoletta
Attorney
July 30, 2024 4:09 PM ET
One of the most important tasks for a newly-elected President Trump is to assert operational control over the Department of Justice’s (DOJ) agenda and decision-making, including on specific prosecutions. In recent times, many have argued that the DOJ and Attorney General operate independently of the President. Indeed, many on the left have gone so far to argue that it is corrupt for the President to have any say in what the DOJ does.
This gets things completely backwards. The President has a constitutional duty as the only nationally elected and accountable officer to ensure that the DOJ is faithfully executing the law. The long history of direct presidential control over DOJ work, including directing specific prosecutions, proves that assertions of DOJ independence are false, ahistorical and anti-democratic.
Many legal historians and law professors, such as Professor Sai Prakash, have overwhelmingly established that from our earliest days as a nation, “presidential control of official prosecutions was not something controversial (or worse yet, contrary to law) … The presidents understood that they were constitutionally empowered to direct official prosecutions. Presidents ordered prosecutions commenced and halted, sometimes doing both in the same case!”
President George Washington ordered prosecutions of those involved in the Whiskey rebellion in 1792 and 1793. But after concluding that two men had not been involved in the Rebellion, Washington directly ordered the Pennsylvania federal district attorney to not pursue charges. As Prakash explained, “Washington would sometimes accompany his instructions (or his public explanation of them) with a citation to the Faithful Execution Clause or his general power to execute the laws, indicating that Washington regarded his prosecutorial authority as arising out of the Constitution itself.”
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READ MORE: https://dailycaller.com/2024/07/30/paoletta-donald-trump-operational-control-doj/
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