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68 votes
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Has Biden discussed whether Trump should be prosecuted?

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 ...
CDJB's user avatar
  • 107k
17 votes

Why would Biden seeking re-election be a reason to appoint a special counsel for the Justice Department's Trump investigations?

Simply to minimize the look that it is Biden and his appointed officials who are investigating a political opponent. The goal of appointing a special counsel is to ensure that the investigation ...
Joe W's user avatar
  • 16.8k
12 votes
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Was Bill Clinton charged with a crime by the Justice Department, and why would the same reasoning not apply to Trump if so?

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 ...
grovkin's user avatar
  • 6,956
12 votes
Accepted

What is the line of succession in the Department of Justice?

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 ...
Keshav Srinivasan's user avatar
9 votes
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Why would Biden seeking re-election be a reason to appoint a special counsel for the Justice Department's Trump investigations?

I understand reason #1, but I don't know why Biden running for re-election would be a reason to appoint a special counsel. Biden's intent to run for re-election doesn't seem like it would be a good ...
John Bollinger's user avatar
8 votes
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Has AP published DOJ memo regarding sedition statute?

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....
CDJB's user avatar
  • 107k
7 votes
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What was John Huber tasked by Jeff Sessions with reviewing?

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 ...
Keshav Srinivasan's user avatar
6 votes
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US Rep. Liz Cheney: environmental groups "often espouse views that align with those of our adversaries" and should be investigated; her evidence?

Was it simply that any calls to limit oil production for environmental reasons were seen as somehow aligning with China and Russia? Is there something more here? Pretty much exactly this, if you ...
TenthJustice's user avatar
  • 10.6k
6 votes
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If the US congress extended the Section 5 preclearance requirement in the Voting Rights act another 25 years in 2006, why might it not apply in 2020?

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 ...
Panda's user avatar
  • 46.6k
5 votes

Does the US President have the "right" to micromanage the US Department of Justice?

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 ...
Burt_Harris's user avatar
  • 8,029
5 votes

Was Bill Clinton charged with a crime by the Justice Department, and why would the same reasoning not apply to Trump if so?

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 ...
zibadawa timmy's user avatar
5 votes

Was Bill Clinton charged with a crime by the Justice Department, and why would the same reasoning not apply to Trump if so?

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 ...
Rick Smith's user avatar
  • 35.6k
4 votes

What could the Justice Department actually do with the Special Counsel’s report if it said the president likely committed a crime?

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) ...
PoloHoleSet's user avatar
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4 votes
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Can the US President fire someone who works in the Justice Department?

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 ...
indigochild's user avatar
  • 23.9k
4 votes
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What power does the Department of Justice Inspector General have to compel testimony?

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 ...
Rick Smith's user avatar
  • 35.6k
4 votes

Who in the DOJ determined that two Carter Page FISA Warrants were invalid?

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 ...
Karlomanio's user avatar
  • 1,574
3 votes

Does the US President have the "right" to micromanage the US Department of Justice?

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 ...
Ted Wrigley's user avatar
  • 69.2k
3 votes
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Have their been any updates on Huber’s review since May?

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 ...
Panda's user avatar
  • 46.6k
3 votes
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Has the Office of Professional Responsibility announced an investigation of Barr?

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 ...
Joe's user avatar
  • 15.7k
3 votes

Have Congressional Democrats asked the IG to investigate Barr’s actions?

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 ...
Rick Smith's user avatar
  • 35.6k
2 votes

What could the Justice Department actually do with the Special Counsel’s report if it said the president likely committed a crime?

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 ...
grovkin's user avatar
  • 6,956
2 votes

What is the line of succession in the Department of Justice?

@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 (...
user20500's user avatar
2 votes

What criminal referral did Michael Flynn’s lawyer have advance knowledge of?

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 ...
BradC's user avatar
  • 6,502
2 votes
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Have Congressional Democrats asked the DOJ to justify not investigating Trump over Ukraine?

[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 ...
Rick Smith's user avatar
  • 35.6k
2 votes

Have their been any updates on Huber’s review since May?

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 ...
the gods from engineering's user avatar
2 votes

Who in the DOJ determined that two Carter Page FISA Warrants were invalid?

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. ...
Burt_Harris's user avatar
  • 8,029
2 votes

Has the US Department of Justice made an attempt to define what is or isn't journalistic activity? Developing new policy, but to what will it apply?

*Q: Has the US Department of Justice made an attempt to define what is or isn't journalistic activity? Note that the regulations have undergone revision since the original post. The following is from ...
Rick Smith's user avatar
  • 35.6k
1 vote

Has the US Department of Justice made an attempt to define what is or isn't journalistic activity? Developing new policy, but to what will it apply?

To my best understanding, the US statute currently does not have an explicit definition of what constitutes a "journalist" or "journalistic work". This is not necessarily an ...
QuantumWalnut's user avatar
1 vote
Accepted

How often are U.S. attorneys appointed by a court?

The court's appointment under 28 U.S. Code § 546 was described as "seldom-used" and "very unusual". Not so rare in 2022 with about 30 current appointments, though likely far more ...
Rick Smith's user avatar
  • 35.6k
1 vote
Accepted

How binding is a sentencing recommendation by the Department of Justice?

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,...
hszmv's user avatar
  • 16.1k

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