68

In the fifth Democratic debate from Atlanta on November 20th 2019, Biden was consulted on this issue by moderator Rachel Maddow. He responded that he would leave the decision up to the Attorney General, and that he would follow their advice on the matter. He was pressed on the issue by Bernie Sanders, however, he maintained his position that the decision of ...


12

A contemporary NY Times Article described what happened succinctly and in detail. No, fmr President Clinton does not have a criminal conviction. Nor was he charged with a crime. Napolitano is wrong on the facts of the deal to which he refers. Independent Counsel Robert Ray made a deal with fmr President Clinton on Clinton's last day in office. The deal ...


12

The current order of succession in the Department of Justice is given in President Trump's February 9 Executive Order. The Attorney General himself, Jeff Sessions The Deputy Attorney General, Rod Rosenstein The Associate Attorney General, Rachel Brand The U.S. Attorney for the Eastern District of Virginia, Dana Boente The U.S. Attorney for the Northern ...


8

AP doesn't appear to have published Thursday's memo, sent by deputy attorney general Jeffrey A. Rosen, verbatim, however it appears to be freely available to view and download on the DOJ's own website. To quote the relevant part of the memo: The Attorney General and I recently discussed with you the need to consider the use of a variety of federal charges ...


7

On November 22, 2017, Attorney General Sessions sent Huber a letter saying this: In consultation with the Deputy Attorney General, I have requested that you review the matters referenced in the enclosed November 13, 2017 letter from Assistant Attorney General Stephen Boyd to House Judiciary Commitee Chairman Robert Goodlatte and make recommendations to me ...


5

The Supreme Court had invalidated part of the Voting Rights Act in their 2013 Shelby County v. Holder landmark decision that rendered Section 5 ineffective. From The New York Times: The majority held that the coverage formula in Section 4 of the Voting Rights Act, originally passed in 1965 and most recently updated by Congress in 1975, was unconstitutional. ...


5

Yes, probably, particularly given the current composition of the U.S. Supreme Court. But this is a tricky question as it is both hypothetical, and it can be confused with questions about the advisability or legality of specific acts. The fact that someone has a right does not imply it insulates him from legal consequences, (e.g. I have a right to free ...


5

Did they ever indict and charge President Bill Clinton? No. This was still against department policy at the time. Did they ever indict and charge former President Bill Clinton? Almost. Just before he completed his second term he struck a deal to avoid a potential indictment and charging, as well as a formal disbarment hearing, after he left office. ...


5

Was Bill Clinton ever formally charged with a crime? Yes, a grand jury is a formal process that produces a "charge sheet" also known as an "indictment", so yes. It is the only way Robert Ray could have proceeded with the remainder of the case. No, The Justice Department never completed its formalities. I think, technically, no; but he ...


4

If the crimes were serious enough, they could defer prosecutorial actions (defer all aspects of prosecution, including an actual official criminal investigation and charges, if any were warranted) until the President was out of office, which would set up a scenario of the President trying to pardon himself, or possibly resigning in a Nixonian deal where the ...


4

In General, No Not all federal executive employees can be fired by the President. Historically, they used to be able to. However, this led to a spoils system in which new Presidents would fire large portions of the executive branch and replace them with their own supporters. In 1833 the Civil Service Act was passed to limit this kind of behavior (the act ...


4

It was a direct result of the FISA court hearing about the two warrants. It would appear the lawyers representing the Justice department made the determination during the hearing. The Department of Justice admitted in December that two of the FBI’s four surveillance warrants to electronically monitor ex-Trump campaign adviser Carter Page were invalid, ...


3

Let's start first by pointing out that there is (currently) no true answer to this question. Most of the powers of the Executive, Legislative, and Judicial branches are established by convention and practice, and are not explicitly spelled out in constitutional or statutory law. When the framers created the constitution, they intentionally left it loose and ...


3

What power does the US Department of Justice (DOJ) Inspector General (IG) have to compel testimony? All Inspectors General have a power to issue subpoenas. However, such subpoenas are administrative subpoenas. "An administrative subpoena under U.S. law is a subpoena issued by a federal agency without prior judicial oversight." "Administrative subpoenas have ...


3

The Washington Post reported yesterday that the Huber review is winding up but not yet closed officially. Current and former officials said that Huber has largely finished and found nothing worth pursuing — though the assignment has not formally ended and no official notice has been sent to the Justice Department or to lawmakers, these people said. ...


3

No There is no press release from the Office of Professional Responsibility about an investigation into the Attorney General. Press releases from OPR can be accessed on the Department of Justice website: https://www.justice.gov/news OPR also maintains a list of investigative summaries when an investigation is complete. These summaries do not contain ...


3

Have Congressional Democrats asked the IG to investigate Barr’s actions? There have been two requests covered by multiple news organizations. Kamala Harris Urges Justice Department Inspector General to Investigate Barr, 5/04/19. Following up on her intense questioning of Attorney General William Barr earlier this week in the Senate Judiciary Committee, Sen....


2

Robert Mueller finally made a statement about his report today, 5/29/19. The statement was very short (~10 mins). And it was so universally covered, that I won't try to link to it. According to the statement made by Robert Mueller today, special counsel cannot indict a sitting President nor can it produce a sealed indictment (an indictment secretly held ...


2

@KeshavSrinivasan's answer is outdated. An executive order on March 31, 2017 replaced the Feb. 9 order as follows: The Attorney General The Deputy Attorney General The Associate Attorney General (vacant as of 4/11/18 at 6:39 pm EST) US attorney for Eastern Virginia US attorney for Eastern North Carolina US attorney for Northern Texas Here's the order: ...


2

Based on this emptywheel.net article from one day prior to the tweet, I believe Wheeler is referring to Powell's accusation that Col. James Baker or James Clapper is responsible for leaking a classified transcript of Flynn's call with the Russian ambassador (emphasis mine): If Horowitz’s report is broader than that, however, it might include other ...


2

[H]ave [Congressional Democrats] called Assistant Attorney General Brian Benczkowski, the head of the DOJ’s Criminal Division, who according to this article made the final decision not to open a criminal investigation? The Senate Judiciary Democrats didn't "call", they "called on" by sending a letter. Senate Judiciary Democrats to ...


2

As LA Times put it (on Oct 25) The other two Justice Department investigations into 2016-related matters are being led by Horowitz and John Huber, the U.S. attorney in Utah, who had been selected by former Atty. Gen. Jeff Sessions to conduct a broad review of the Russia inquiry and investigations related to Trump campaign opponent Hillary Clinton. Durham ...


2

There have apparently been a series of FISC Rule 13 letters from the DOJ to the FISA Court (FISC); only some of them have been declassified. One letter (dated July 28, 2018) was signed by John C. Demers, Assistant Attorney General for National Security. In that July letter, an explicit conclusion was stated that despite disclosures it revealed, "the ...


1

To quote Pirates of the Caribbean, sentencing guild-lines are "More like guide lines than actual rules" (well duh, it's in the name) and as such, other than the statutory minimum (if it exists, if not, a felony is any crime that carries a possible jail sentence of a year or more) and the statutory maximum (always exists) the range and severity can vary based ...


1

A Lawfare post from July says Family separation has continued despite the end of a formal zero-tolerance policy. But it doesn't say when it was formally dropped. It also says that it was probably never really in effect for any appreciable period of time: The number of prosecutions are still a relatively small proportion of total apprehensions per year by ...


1

The answer to the question if the communication with Durham is mentioned somewhere in the IG report is no. The IG report makes no mention of Mr. Durham, or of the office of the U.S. Attorney for the District of Connecticut. Mr. Durham has publicly said that his investigation is ongoing, and it seems unlikely there will be any other answer until he deems ...


1

Are there Departmental procedures for evaluating credibility, and if so what are they? The requirement, with respect to a whistleblower complaints of "urgent concern", is that "the Inspector General shall determine whether the complaint or information appears credible." See 50 U.S. Code § 3033 (k)(5)(B).1 [Emphasis added.] The Director of National ...


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