Quote:
Originally Posted by goofyballer
Um, a few things here.
1) Comey was not an Independent Counselor.
2) The Independent Counsel act expired in 1999 - for precisely the reason of political abuse, which...
3) Interestingly, Scalia was the only dissenter for precisely the politicization we are discussing.
https://en.wikipedia.org/wiki/Morrison_v._Olson
"Justice Scalia, the lone dissenter, said that the law should be struck down because (1) criminal prosecution is an exercise of "purely executive power" and (2) the law deprived the President of "exclusive control" of that power. In his opinion, Scalia also predicted how the law might be abused in practice, writing, "I fear the Court has permanently encumbered the Republic with an institution that will do it great harm."
Dershorwitz 1 - Pilldes 0
Quote:
Originally Posted by goofyballer
As for your second post, we can go with The Hill: Ties go to the President:
http://thehill.com/blogs/pundits-blo...rofessors-cant
"But Tribe strays much too far in the other direction. In a criminal trial, it would have to be proven beyond a reasonable doubt that Trump dismissed Comey with the intent of hindering or obstructing an investigation. "