Crap by Trump.
Crap by Biden.
Crap by the rest of them and all the subordinates.
We don’t need to recount any of it here.
Instead, I offer a solution, based on a quirk in the Constitution regarding appointments in the Executive Branch.
The second paragraph of Section 2 of Article II of the Constitution reads as follows:
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
Based on that Constitutional Authority, I would create, within the Department of Justice, an Office of Special Counsel. The head of that office would be appointed by the current serving Members of the Judicial Conference and would serve for a fixed eight year term, subject only to removal from office for cause by the Judicial Conference or via impeachment and conviction.
The Special Counsellor would answer to the Attorney General only administratively and not substantially. The Attorney General would not have the power to order the Special Counsellor to initiate or terminate an investigation.
The Special Counsellor would have full power to investigate the sitting President and past Presidents and have full power of subpoena to carry out his investigations.
The structure would make it impossible for a sitting President or Attorney General to obstruct or otherwise interfere with an investigation as well as making it impossible for them to remove the Special Counsellor.
I would also extend this appointment scheme to include individual United States Attorneys and United States Marshals, both of whom would be appointed for fixed four year terms by their respective United States District Court, subject only to removal for cause by the District Court or by impeachment and conviction.
Unfortunately, a major flaw in our Constitutional structure is that the Attorney General is appointed by the President. In most States, this has been corrected by creating a separate elected office that is fully independent of the Governor. My proposal would create a fully Constitutional work a round of this flaw.
We actually had a version of this from the late 70’s to the early 90’s but the law was allowed to expire. But while it was existed, it was upheld as constitutional by the Supreme Court.
