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> From a lay outsider's perspective, it seems like there is no real "balance of power" that's oft-touted when Americans discuss their politics. Congress has ta
by justin66 6y ago
> From a lay outsider's perspective, it seems like there is no real "balance of power" that's oft-touted when Americans discuss their politics.
Congress has taken the path of contacting the agency's IG and asking them to investigate and follow up. In a situation where the the IG is a trusted actor, which is usually true, this is a normal and reasonable preliminary step for Congress to take in an investigation.
Congress have the option to get increasingly adversarial in their oversight if it doesn't work out, but the nice thing about working with the IG is, there are no constitutional separation of powers issues with an investigation run by a cabinet-level agency's IG. When the system is functioning halfway normally, bureaucrats and political appointees in the agency must cooperate with the IG, and woe to them if they don't. Contrast that with a Congressional investigation that might be contested legally in a number of ways based on separation of powers concerns. Constitutionally and practically, it's the difference between the executive branch being investigated by the legislative branch and the executive branch being investigated by their own superiors in the executive branch.
The trick is that the system assumes IGs strive to be independent and empowers them accordingly, but the Trump administration has fired [1] multiple IGs that he felt were not friendly to his cause. With the investigation, if the IGs are not working in good faith, the Attorney General thwarts the investigation, the President is a crook, or whatever, the whole system melts down. And in this instance - where Congress is aware that the IG and others might not be working with their normal independence - Congress taking a lighter approach might be deference to the executive branch's authority, but practically, it's recognition of the fact that there's a decent chance there will be new cabinet officials, a new Attorney General, and a new President a few months from now. It's an inappropriate time for them to go nuclear.
[1] https://en.wikipedia.org/wiki/2020_dismissal_of_inspectors_general https://en.wikipedia.org/wiki/2020_dismissal_of_inspectors_g...