WaPo reports that Musakey will be setting up a screen between DOJ and the White House so as to preserve the independence of his own office/prevent a repeat of the AUSA firings scandal.
I think this is a positive step in that politically driven prosecution smells a lot like corruption, and not the passive, vote-for-dollars, kind. Rather, it is the go-out-and-impose- your-will-on-the-legal-system kind.
That said, I am not sure that the Chinese wall is appropriate by DOJ. Unlike watchdog agencies, such as CBO (leg) and GAO (exec), DOJ was not chartered to be independent. It is only the culture of independence that has persisted for decades that provides that shield. A la Cheney, the DOJ sees itself in the executive but, being made up of people who swore when entering the bar to be officers of the court, also part of the judiciary.
Is it inappropriate for the President to go in there and dictate to prosecutors, thus eliminating prosecutorial discretion? Again, nothing in the law as I understand it prevents that. It is just "not how things are done." It is my opinion that they are not done that way because the independence begets a sense of fairness by those involved, contributing to the permanence of the rule of law in this country. But, again, that's just an opinion.
Now, Mr. Mukasey, let's see if you can keep up that wall.
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