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Of course not - congress has passed a law creating the DoJ, etc. That is not what is going on here. An attorney has been appointed with extraordinary powers t

Of course not - congress has passed a law creating the DoJ, etc. That is not what is going on here. An attorney has been appointed with extraordinary powers to a position that is not created as part of the DoJ. It hasn't been authorized by any law.

JumpCrisscross 2y ago
> attorney has been appointed with extraordinary powers to a position that is not created as part of the DoJ What powers does a Special Counsel have that any DoJ prosecutor doesn’t that injure the defendant? The defining characteristic of a special prosecutor is they can’t be fired—that injures the President and AG.
tomohawk 2y ago
EDIT: since you edited your post after I responded, I'll try to respond to your edit. It is Biden who believes he's above the law. He has consistently bragged about it, for example, in flouting decisions saying he has no authority to forgive student loans. It is Biden who is not following the law here. I'm sure this will be appealed, and maybe in a few years, if we're lucky, the law will be made clearer.
- JumpCrisscross 2y ago
  > Biden who believes he's above the law. He has consistently bragged about it, for example, in flouting decisions saying he has no authority to forgive student loans. Cool, then ding him. Presidential authority is absolutely uncomfortably vague. But this expands it; Cannon is saying, in essence, a prosecutor who the President can order around should be bringing this case. Right now, Biden is above the law. He could declare martial law in D.C., field promote his son and then—as commander in chief—order him to execute the conservative members of the Supreme Court, pardon his son, pardon himself, resign and—under current law—be absolutely immune. Under current law, the President is more powerful than Rome’s consuls ever were [1]. [1] https://en.m.wikipedia.org/wiki/Senatus_consultum_ultimum https://en.m.wikipedia.org/wiki/Senatus_consultum_ultimum
  - AnimalMuppet 2y ago
    > Right now, Biden is above the law. He could declare martial law in D.C., field promote his son and then—as commander in chief—order him to execute the conservative members of the Supreme Court, pardon his son, pardon himself, resign and—under current law—be absolutely immune. Not as I understand the Supreme Court decision. Ordering the execution of 6 members of the Supreme Court is not within the scope of his office. You'd have to prove it - there's a presumption that his actions are within scope - but it's not absolute. (For stuff that is within the scope of the powers of his office, there is absolute immunity.)
    - JumpCrisscross 2y ago
      > Ordering the execution of 6 members of the Supreme Court is not within the scope of his office Commander in Chief is a core Constitutional duty, and one of the most-expansively interpreted ones at that. Of course, if someone did that the rules wouldn’t matter. And they wouldn’t follow up by resigning. But it’s illustrative of how silly the framework is.
      - AnimalMuppet 2y ago
        Commander in Chief, yes. Declaring martial law, that's within precedent. But... Ordering the killing of Supreme Court justices is not part of the powers of the Commander in Chief! And the fact that people are acting like it could be is evidence of how silly the discussion about the framework has gotten.
        JumpCrisscross 2y ago
        > Ordering the killing of Supreme Court justices is not part of the powers of the Commander in Chief We’ve extrajudicially liquidated Americans overseas before. Why isn’t this a power of the Commander in Chief? What if they aren’t SCOTUS, but federal judges suspected of a terrorist plot? State judge? Where do we draw the line? (We’ve executed Americans extrajudicially and under Article I powers.) > that people are acting like it could be Nobody is. I’m not arguing that absurdity is a likelihood that can be defended against with laws. My point is there is no good source for what constitutes an official act. EDIT: You are arguing in good faith and shouldn’t be getting downvoted.
- rootusrootus 2y ago
  As luck would have it, Biden is in the clear now even if he is, as you suggest, breaking the law. He has absolute immunity.

JumpCrisscross 2y ago

> attorney has been appointed with extraordinary powers to a position that is not created as part of the DoJ What powers does a Special Counsel have that any DoJ prosecutor doesn’t that injure the defendant? The defining characteristic of a special prosecutor is they can’t be fired—that injures the President and AG.

tomohawk 2y ago

EDIT: since you edited your post after I responded, I'll try to respond to your edit. It is Biden who believes he's above the law. He has consistently bragged about it, for example, in flouting decisions saying he has no authority to forgive student loans. It is Biden who is not following the law here. I'm sure this will be appealed, and maybe in a few years, if we're lucky, the law will be made clearer.

JumpCrisscross 2y ago
> Biden who believes he's above the law. He has consistently bragged about it, for example, in flouting decisions saying he has no authority to forgive student loans. Cool, then ding him. Presidential authority is absolutely uncomfortably vague. But this expands it; Cannon is saying, in essence, a prosecutor who the President can order around should be bringing this case. Right now, Biden is above the law. He could declare martial law in D.C., field promote his son and then—as commander in chief—order him to execute the conservative members of the Supreme Court, pardon his son, pardon himself, resign and—under current law—be absolutely immune. Under current law, the President is more powerful than Rome’s consuls ever were [1]. [1] https://en.m.wikipedia.org/wiki/Senatus_consultum_ultimum https://en.m.wikipedia.org/wiki/Senatus_consultum_ultimum
- AnimalMuppet 2y ago
  > Right now, Biden is above the law. He could declare martial law in D.C., field promote his son and then—as commander in chief—order him to execute the conservative members of the Supreme Court, pardon his son, pardon himself, resign and—under current law—be absolutely immune. Not as I understand the Supreme Court decision. Ordering the execution of 6 members of the Supreme Court is not within the scope of his office. You'd have to prove it - there's a presumption that his actions are within scope - but it's not absolute. (For stuff that is within the scope of the powers of his office, there is absolute immunity.)
  - JumpCrisscross 2y ago
    > Ordering the execution of 6 members of the Supreme Court is not within the scope of his office Commander in Chief is a core Constitutional duty, and one of the most-expansively interpreted ones at that. Of course, if someone did that the rules wouldn’t matter. And they wouldn’t follow up by resigning. But it’s illustrative of how silly the framework is.
    - AnimalMuppet 2y ago
      Commander in Chief, yes. Declaring martial law, that's within precedent. But... Ordering the killing of Supreme Court justices is not part of the powers of the Commander in Chief! And the fact that people are acting like it could be is evidence of how silly the discussion about the framework has gotten.
      - JumpCrisscross 2y ago
        > Ordering the killing of Supreme Court justices is not part of the powers of the Commander in Chief We’ve extrajudicially liquidated Americans overseas before. Why isn’t this a power of the Commander in Chief? What if they aren’t SCOTUS, but federal judges suspected of a terrorist plot? State judge? Where do we draw the line? (We’ve executed Americans extrajudicially and under Article I powers.) > that people are acting like it could be Nobody is. I’m not arguing that absurdity is a likelihood that can be defended against with laws. My point is there is no good source for what constitutes an official act. EDIT: You are arguing in good faith and shouldn’t be getting downvoted.
rootusrootus 2y ago
As luck would have it, Biden is in the clear now even if he is, as you suggest, breaking the law. He has absolute immunity.