Posted on 08/11/2023 8:49:15 PM PDT by SeekAndFind
You’re talking about the President. In this particular case, we’re talking about the Attorney General. Don’t tell me he can ignore the CFR as well?
If this is the case, then ANY Cabinet member or Department Secretary can simply IGNORE any rule of the CFR and if so, what’s the point of having any Code or Regulation? Anyone can simply say to hell with the code, I’m not bound by it! This is ridiculous! We aren’t supposed to be living in a totalitarian country nor should we allow it.
And I don’t think the President is the KING who can damn well do as he pleases when it comes to the CFR.
In general, the President of the United States is expected to uphold and enforce the Code of Federal Regulations (CFR).
However, I will concede that there may be certain circumstances where the President’s actions could be seen as violating specific regulations. I will even concede that the President has certain powers and authorities that may allow for some flexibility in how they interpret and apply regulations.
Additionally, the President can also influence the creation or modification of regulations through executive orders and other means. So while it’s not common for the President to directly violate the CFR, there may be instances where their actions could be seen as conflicting with certain regulations due to certain exigent circumstances.
BUT THIS PARTICULAR APPOINTMENT OF A SPECIFIC COUNSEL TO INVESTIGATE HIS SON AND POSSIBLY HIMSELF DOES NOT AND SHOULD NOT FALL UNDER SUCH EXIGENCIES.
So no, David Weiss’ appointment can and should be challenged to STOP this travesty.
Read up on Federal regulations. They are usually pointless and have little or no weight under the law. When it comes to regulations that govern the protocols of a Federal department, they are not enforceable outside the Executive Branch … so an AG can freely ignore one as long as his boss is OK with it.
Joe Biden can sign an executive order tomorrow that rescinds CFR Section 600 and all its provisions entirely.
RE: Joe Biden can sign an executive order tomorrow that rescinds CFR Section 600 and all its provisions entirely.
Sure he can, but that act in itself in the midst of a Congressional investigation would be similar to Nixon’s Saturday Night Massacre. Definitely Grounds for impeachment.
But this thread is about MERRICK GARLAND, not YET about Joe Biden.
The Attorney General cannot ignore the Code of Federal Regulations. The Code of Federal Regulations is a set of rules and regulations that are created by federal agencies to implement and enforce laws passed by Congress. These regulations have the force of law and must be followed by all individuals and entities subject to them, including the Attorney General.
If the Attorney General were to ignore the Code of Federal Regulations, it would be considered a violation of their responsibilities and duties. The Code of Federal Regulations is a set of rules and regulations that have been established by federal agencies to implement and enforce laws passed by Congress. It provides guidance and instructions on how to interpret and apply the laws. Ignoring these regulations could lead to legal consequences and undermine the rule of law.
I would make the case that there shouldn’t be any “Special Counsel” regulations at all. The DOJ is not a fourth branch of government that operates independently of Congress and the Executive Branch.
The Attorney General might ignore the requirements of CFR 600, but they would be doing so at their own peril. The regulations were created by the previous Attorney General, they are therefore considered to be binding on the CURRENT Attorney General. If the CURRENT Attorney General were to ignore the regulations, they could be subject to legal challenges. If Congress had any cojones, they would challenge the appointment of Weiss.
In addition, the Attorney General’s decision to ignore the regulations could damage the public’s trust in the Department of Justice. The Special Counsel regulations were created to provide a degree of independence to Special Counsels, and if the Attorney General were to ignore the regulations, it would send the message that the Department of Justice is not serious about investigating allegations of wrongdoing by high-ranking government officials.
It is important to note that the Special Counsel regulations are not the only law that applies to Special Counsels. Special Counsels are also subject to the Constitution, federal statutes, and the common law. In the event of a conflict between the Special Counsel regulations and another law, the other law would take precedence. As I said, Congress SHOULD challenge the appointment. They should use CFR 600 as their starting point.
No one should be above the law and that includes Merrick Garland.
They aren't binding on the current AG. There's no legal basis for that statement.
If the CURRENT Attorney General were to ignore the regulations, they could be subject to legal challenges.
The only one who could challenge this appointment is someone who is directly affected by it. That would be Hunter Biden, along with anyone else who might be prosecuted by this guy along the way. Nobody is going to be prosecuted by him, so there's no legal basis for any challenge.
If Congress had any cojones, they would challenge the appointment of Weiss.
They don't have to challenge this appointment. They could withdraw funding for any and all Special Counsel activities in the DOJ -- or even the entire DOJ.
You might ask yourself why all these Republican @ssholes clamoring on TV about this appointment don't even mention this option.
RE: They aren’t binding on the current AG. There’s no legal basis for that statement.
Then Congress has to do something to make it binding. Just because you are the Attorney General does not mean that you can ignore a REASONABLE REGULATION Put in place to prevent coverups or favoritism. Make Garland justify his ignoring the regulation. The purpose of having a Special Counsel is in order to establish a degree of independence from the DOJ. David Weiss, being part of the DOJ, is NOT INDEPENDENT.
And before we go all out defunding the entire DOJ and throw the baby out of the bath water, here are some things Congress can do :
* Pass a law to explicitly prohibit the Attorney General from ignoring the regulations. This would be the most direct way for Congress to address the issue. However, it would be a difficult law to pass, as it would require the support of both the House of Representatives and the Senate. But just because it’s difficult doesn’t mean it can’t be done. The very act of doing this will make the corrupt act of the AG more widely known to the public.
* Hold hearings on the Attorney General’s decision to ignore the regulations. This would allow Congress to publicly question the Attorney General about their decision and to put pressure on him to change his mind. Comet’s committee has already forced Garland to appoint a special counsel, PUT EXTRA PRESSURE to appoint a TRULY INDEPENDENT one.
* Appoint a special committee to investigate the Attorney General’s decision. This would be a more thorough investigation than a hearing, and it could lead to further action by Congress, such as impeachment proceedings.
If worse comes to worst, Garland still refuses to budge …
* Start impeachment proceedings against the Attorney General. This would be the most extreme step that Congress could take, but it would be possible if Congress found that the Attorney General had committed high crimes and misdemeanors.
Ultimately, the decision of whether or not to act in this situation would be up to Congress. However, the fact that Congress has a number of options available to them shows that the Attorney General is not above the law. If the Attorney General were to ignore the stipulations of CFR 600, Congress SHOULD take action to hold them accountable.
If a particular regulation is so important, then it should be passed into law.
Merrick Garland had no obligation to appoint a stupid “special counsel” in the Hunter Biden case. Since that is the case, then what the hell difference would it make who he appointed?
I’m no fan of Lindsey Graham, but on this one he’s absolutely correct: “This is a political move, not a legal one.”
Not seemingly, it's the reality and the GOP does nothing but make comments.
SOMEONE has to officially investigate the Hunter Biden case. If the Mueller Special Counsel was formed based on bogus, fabricated evidence, the evidence against Joe Biden in this particular case is not only REAL, it is OVERWHELMING taken together.
Garland FINALLY formed a Special Counsel based on OVERWHELMING PRESSURE. I see no reason to let up that pressure now to FORCE HIM to follow Federal Regulations.
Morally and in the interest of Justice ( he is the head of that department), he is OBLIGATED to follow regulations. He cannot just say “I will ignore it because of who I am”. That’s totalitarianism and we cannot tolerate that.
If he can be pressured to form a special counsel, he HAS TO BE pressured to appoint an INDEPENDENT ONE based on Federal Regulations.
RE: Congress has no power to enforce Executive Branch regulations.
Congress has the power to PRESSURE the Executive Branch to follow regulations. They already successfully pressured Garland to form a special counsel, take the pressure further- FORCE HIM TO FOLLOW FEDERAL REGULATIONS.
This is so absolutely perfect.
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