Wednesday, May 01, 2019

John Yoo: "Mueller Left A Gap; Barr Just Filled It"

Yes, I respect John Yoo now. 
I'm more astonished by this than anyone else.
Anyway, this seems to accord with my half-assed understanding of things:
   But critics wrongly challenge Barr and Mueller’s declination to prosecute. Instead, they should welcome it. Their decisions return the duty to curb presidential abuses of power to its constitutional seat—Congress. Mueller makes clear that he “conducted a thorough factual investigation in order to preserve the evidence when memories were fresh and documentary materials were available,” even though he could not prosecute a sitting president. Why? The reason Justice does not prosecute sitting presidents, Mueller argues, is so as not to “potentially preempt constitutional processes for addressing presidential misconduct.” The only mechanism that the Framers established to remedy presidential abuse of power remains impeachment.
  Impeachment must be the only solution to Trump’s challenge to the constitutional order. The Constitution did not envision that the criminal-justice system would address abuses of presidential power. Since Watergate, we have embarked on a 40-year experiment in using the criminal law to resolve separation-of-powers disputes. If Ken Starr’s sprawling Whitewater probe had not already demonstrated it, the Mueller report should prove that the experiment has failed. The Framers vested in the president the authority to oversee all federal law enforcement. As Alexander Hamilton observed in Federalist No. 70, “good government” requires “energy in the executive,” and a vigorous president is “essential to the protection of the community from foreign attacks” and “the steady administration of the laws.” Because of this original design, a president can order the end of any investigation, even one into his own White House.
   The creation of independent counsels was an attempt to solve this conflict of interest, but the cure was worse than the disease. A special counsel, as even Trump realized upon learning of Mueller’s appointment, could spell the end of a presidency by diverting executive power outside constitutional controls and sapping the White House of its energy. Independent counsels further have the convenient effect of relieving Congress of its own constitutional duty to constrain an abusive president.

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