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22 votes
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In American Politics, why is the Justice Department under the President?

I've heard a DA can choose to prosecute or not to prosecute people for virtually any reasons. The concept is called prosecutorial discretion. It is the authority of the district attorney for each ...
IllusiveBrian's user avatar
19 votes

In Europe, what happens when an embassy is doing all they can to start a war with the host country?

For the most part, embassies can only be established in a country with that country's permission (it gets more complicated if a country agrees to host an international organization). The host country ...
cpast's user avatar
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15 votes
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How is Trump getting around the law against appointing relatives?

The short of the answer: The DOJ said it's okay. "In choosing his personal staff, the President enjoys an unusual degree of freedom, which Congress found suitable to the demands of his office,&...
zibadawa timmy's user avatar
13 votes

In Europe, what happens when an embassy is doing all they can to start a war with the host country?

Once this pattern of behaviour is clear, the Ambassador will be called for an interview with the Foreign Minister of the host state and told in no uncertain terms to stop this nonsense. If they refuse ...
John Dallman's user avatar
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10 votes
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What would happen if the SCOTUS were themselves to be part of a lawsuit?

This is a highly speculative question — it lays out scenarios that are well off the beaten path of practice and precedent — but I think I can safely say the following. First, as I understand it, in ...
Ted Wrigley's user avatar
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9 votes

Can John Roberts rule on whether witnesses have to testify in the impeachment inquiry?

Justice Scalia once publicly remarked that he would never free or ensure a fair trial for an accused terrorist, just as the Supreme Court was about to take on a habeas corpus case from an accused ...
zibadawa timmy's user avatar
9 votes

How can the Attorney General be expected to act impartially if the President can just remove them?

Ultimately, the legal check on the President is not the Department of Justice, nor the FBI etc., as these are all arms of the Executive Branch, and so are ultimately under the President's control. ...
zibadawa timmy's user avatar
7 votes

How are inter-religious disputes handled in the US and Canada?

Laws against discrimination don't prevent law enforcement from enforcing secular laws. If someone is breaking laws (like, for example, killing people of other religions) then they're still subject to ...
David Rice's user avatar
  • 4,850
7 votes

In American Politics, why is the Justice Department under the President?

What would stop a DA from not prosecuting presidents? Nothing. In fact, there is an argument that presidents can't be prosecuted for criminal activity while in office. Instead of allowing criminal ...
Brythan's user avatar
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6 votes
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Role of the 'Judge' during Impeachment

It is quite unlike the position of Judge in a criminal trial. The role of the Chief Justice in the Senate trial of a President is like the Presiding Senator in the Senate day to day business. To ...
James K's user avatar
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5 votes

In American Politics, why is the Justice Department under the President?

Your first statement is not quite accurate. Legislators make laws, the executive executes laws and the judiciary judges laws. It's a bit more nuanced than that. I would suggest: The Judicial ...
BobE's user avatar
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5 votes
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Did the US Supreme court really "exemp(t) themselves from all the ethical rules that all the other federal judges are abided by"? If so, how?

It's perhaps referring to the Code of Conduct for Federal Judges, which nominally doesn't include SCOTUS. As a 2016 article relates: The code is published and updated by the Judicial Conference of ...
against very long user names's user avatar
5 votes

What would happen if the SCOTUS were themselves to be part of a lawsuit?

a land dispute on which the court stands Land disputes are not normally dealt with by the Supreme Court, and anyway the Supreme Court doesn't own the land, it is all Federal land so the dispute would ...
James K's user avatar
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5 votes
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Isn't there a conflict of interest when the president appoints a (former) judge as the attorney general?

There is no conflict of interest here. First of all, this is not unique or unusual. There have been several instances of judges resigning to accept cabinet appointments in the United States Moreover, ...
William Walker III's user avatar
5 votes

Gazprom: Conflict of interest between US, Russia and US banks?

Can anyone explain if there is a conflict of interest here? Probably not. Though BNY Mellon appears to have a relatively large stake in Gazprom, it's not that big if you consider the amount of assets ...
JJJ's user avatar
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5 votes

What effective laws and rules regulating perks of politicians and political parties exist in various democracies?

In the end, it is generally accepted that the legislature (and not the executive) should have the power of the purse. Keeping their own expenses out of it is theoretically difficult. One option would ...
o.m.'s user avatar
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4 votes

In Europe, what happens when an embassy is doing all they can to start a war with the host country?

In addition to the answers by John and cpast, for practical purposes a lot might depend on: The views of the foreign government on the conduct. Are the diplomats acting under orders from their ...
o.m.'s user avatar
  • 109k
4 votes
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Who is the "agency designee" with respect to 5 CFR § 2635.502 (c)-(d) for the White House?

Who is the "agency designee" with respect to 5 CFR § 2635.502 (c)-(d) for the White House? Scott F. Gast, Senior Counsel to the President, Designated White House Ethics Official. Appointed ...
Rick Smith's user avatar
  • 35.9k
4 votes
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Have the salaries or benefits of members of the Constitutional Court ever been decreased in a European country?

Yes - in Ireland, as a result of the financial crash of 2008, the Constitution was amended through a referendum to alter Article 35.5. Previously, the article prevented a judge's salary from being ...
CDJB's user avatar
  • 107k
4 votes

How are inter-religious disputes handled in the US and Canada?

One important thing to note is the ahistorical premise of this question. In large part, religious disputes are NOT about religion per se - they are historically most often about disputes between two ...
user4012's user avatar
  • 92.5k
3 votes

How are inter-religious disputes handled in the US and Canada?

Preventing violence between religious groups is usually one of the main reasons anti-discrimination laws exist in the first place. When someone commits a violent crime against people of a different ...
Philipp's user avatar
  • 77.6k
3 votes

In American Politics, why is the Justice Department under the President?

District attorneys are not gods. Their actions are subject to judicial review, and indirectly, voter review by the electorate that voted for the party that appoints the DA. In some cases, DA's are ...
tj1000's user avatar
  • 10.5k
3 votes

How can the Attorney General be expected to act impartially if the President can just remove them?

Some reasons: Damage: the AG, and most top level officials, are usually people with an extensive résumé, well-qualified and with experience and contacts in the upper echelons of the administration ...
SJuan76's user avatar
  • 31.9k
3 votes

Did the US Supreme court really "exemp(t) themselves from all the ethical rules that all the other federal judges are abided by"? If so, how?

The actions and decisions made by the SCOTUS are not subject to judicial review. The only way a Supreme Court justice can be (legally) removed from their job is through impeachment (by Congress). ...
wrod's user avatar
  • 9,464
3 votes

Gazprom: Conflict of interest between US, Russia and US banks?

It's a good question, but I don't think Bank of New York Mellon (BNY) actually has a long position in 16% of Gazprom shares -- instead it seems BNY is holding them on behalf of other US owners, to ...
Pete W's user avatar
  • 4,542
3 votes

What would happen if the SCOTUS were themselves to be part of a lawsuit?

Due to Judicial Immunity, judges (including SCOTUS justices) can't be sued for their actions in office. They can however be impeached like a sitting president, and tried by the U.S. Senate.
Burt_Harris's user avatar
  • 8,029
2 votes

Gazprom: Conflict of interest between US, Russia and US banks?

The simple answer is that the geostrategic interests of the United States and those of a single large investment bank are not one and the same. Any time a country pursues international conflict, it is ...
Brian Z's user avatar
  • 17.4k
2 votes

In American Politics, why is the Justice Department under the President?

The Justice Department and the district attorney are under the president because the role of the executive branch is law enforcement. The judicial branch exists to ensure that a persons rights are not ...
Ryathal's user avatar
  • 13.9k
2 votes

Is it legal for US President Trump to order the continued construction of the Dakota Access Pipeline?

During the campaign Trump voiced support for allowing pipelines like the DAPL and KeystoneXL to be constructed. Trump keeping is promise and working to expedite the construction of these pipelines ...
Ryathal's user avatar
  • 13.9k
2 votes
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Is there any the law or procedure regarding non-political conflicts of interest during an impeachment trial in the US Senate?

Is there any the law or procedure regarding non-political conflicts of interest during an impeachment trial in the US Senate? There is no law requiring, nor any procedure, for removal of a Senator ...
Rick Smith's user avatar
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