by: William Hatounian on
The U.S Justice Department has total discretion regarding which laws to enforce or not, and what cases or who to prosecute or not. What we have witnessed for over the last five years is an intentional abuse of the Justice Department’s selective politically motivated decisions regarding the prosecution for the most egregious crimes committed by Washington bureaucratic civil service employees that have been purposely ignored. What America needs to thwart political hacks and ideologues in power is a method to override this federal agency or perhaps other federal agencies when political agenda driven cabinet secretaries, and their subordinates, decide to bypass congress, ignore subpoenas, and lie without jeopardy. Since congress seems helpless to undo decisions made by the president or federal agencies imposing their will upon the American people, an override mechanism would empower states attorneys general to convene a committee consisting of fifty one percent of the state’s attorneys general, acting independently of state governors or state legislators when the need arose. This committee would have override power to indict and prosecute violators of federal law where the Justice Department is judged to have failed to carry out, or ignored, their responsibilities. Likewise any noncriminal disparities as well. The IRS scandal, immigration enforcement, and the VA are perfect examples of this Justice Department’s intentional neglect of duty, as are some of the president’s executive orders. This pre-established permanent body created by Congress passing a law creating such a body or a constitutional amendment, could or would even replace a special prosecutor without all the politically wrangling and hand wringing. It would be the closest thing to impartiality away from Washington as you can get. For example, a scandal is uncovered involving the IRS. Suspected employees are identified, brought before congress, refuse to testify, then held in contempt, but the Justice Department refuses to prosecute. Any state Attorney General can generate a memorandum asking if there is interest among the other forty nine Attorney’s General to override the U.S. Attorney General. If fifty one percent respond in the affirmative, the commit convenes. A single state attorney general is selected as the main prosecutor, and in turn a Federal District Court outside of Washington D.C. The U.S. Attorney General’s office would be notified as to the intention to prosecute, conduct an investigation, summon a grand jury, and go on from there. The federal government, ETAL, would and could not, by law, interfere in any way or form. This concept could also apply to other cabinet positions like the EPA when they enact rules and regulations that affect states and the congressional side refuses to act to stop such exploitations. Another example is when abusive executive orders are issued by the president and congress feels helpless to do something about it. I believe a concept such as this deserves further consideration and analysis.