Dershowitz: the Constitution is wrong

[GeorgiaModerate]

https://twitter.com/joshtpm/status/1004113438216474629

Dershowitz has been going to greater and greater lengths to defend Trump, but he's finally jumped the shark.

[KingSweden]

What we really should do is have the DoJ be an arm of the judiciary rather than the executive

[Torie]

I would never vote to confirm an AG nominee who did not have a non partisan background and temperament if I were in the Senate. That is the fix given the rules of the road.

[Koharu]

What we really should do is have the DoJ be an arm of the judiciary rather than the executive

This is probably due to the DoJ coming into existence during Grant's tenure. The federal government gained power quickly after the Civil War, and in the case of Reconstruction, Grant was more likely to uphold the rights of black Americans than the state governments, and he had to act quickly on reports of injustice, so an executive branch-based department made logical sense. I would agree that now it would make more sense to be part of the judiciary, as long as the US Marshals remained part of the executive.

[HillGoose]

whose dershowitz

[Torie]

What we really should do is have the DoJ be an arm of the judiciary rather than the executive

That strikes me as a terrible idea. The judiciary is there to adjudicate between parties that come before them, without having any say in what those cases are, or how they come before them. To do otherwise would compromise their impartiality.

I suggest POTUS nominate the AG,  with confirmation by the Senate, as now obtains, but the office would not be a cabinet office, but independent, in the nature of an independent commission. POTUS could remove the AG subject to confirmation by the Senate of such removal, as well.

[The Mikado]

What we really should do is have the DoJ be an arm of the judiciary rather than the executive

That strikes me as a terrible idea. The judiciary is there to adjudicate between parties that come before them, without having any say in what those cases are, or how they come before them. To do otherwise would compromise their impartiality.

I suggest POTUS nominate the AG,  with confirmation by the Senate, as now obtains, but the office would not be a cabinet office, but independent, in the nature of an independent commission. POTUS could remove the AG subject to confirmation by the Senate of such removal, as well.

Basically treating Justice like the CIA or FBI?

[Torie]

What we really should do is have the DoJ be an arm of the judiciary rather than the executive

That strikes me as a terrible idea. The judiciary is there to adjudicate between parties that come before them, without having any say in what those cases are, or how they come before them. To do otherwise would compromise their impartiality.

I suggest POTUS nominate the AG,  with confirmation by the Senate, as now obtains, but the office would not be a cabinet office, but independent, in the nature of an independent commission. POTUS could remove the AG subject to confirmation by the Senate of such removal, as well.

Basically treating Justice like the CIA or FBI?

Well the CIA is different than the FBI, in that it is a direct arm of the executive branch, and needs to be. Yeah, more similar to the FBI, except that POTUS could not unilaterally fire the AG in the way POTUS can as to the FBI director. The Senate would also have to confirm the firing.

[Absentee Voting Ghost of Ruin]

https://twitter.com/joshtpm/status/1004113438216474629

Dershowitz has been going to greater and greater lengths to defend Trump, but he's finally jumped the shark.

The Trump cult hates democracy and republican government, and would much rather have some sort of autocracy with themselves as a ruling class. Example #8,657,412.

[WritOfCertiorari]

What we really should do is have the DoJ be an arm of the judiciary rather than the executive

Then prosecutors and judges would be part of the same branch.

[Florida Man for Crime]

What we really should do is have the DoJ be an arm of the judiciary rather than the executive

That strikes me as a terrible idea. The judiciary is there to adjudicate between parties that come before them, without having any say in what those cases are, or how they come before them. To do otherwise would compromise their impartiality.

I suggest POTUS nominate the AG,  with confirmation by the Senate, as now obtains, but the office would not be a cabinet office, but independent, in the nature of an independent commission. POTUS could remove the AG subject to confirmation by the Senate of such removal, as well.

Yeah, this makes sense.

As far as people asking about the FBI, the FBI is part of the Justice Department, and should be treated similarly. If DOJ were essentially an independent commission, then likewise the FBI would be.

[Progressive Pessimist]

Yeah and the Secretary of the Interior should be the President's personal interior decorator.

[Panda Express]

whose dershowitz

Nowadays he's a washed up Fox News lawyers who dines with Trump. As a TV lawyer who frequently appears on Hannity etc, his job is to defend Trump no matter what when it looks like Trump is doing illegal/shady/unethical. Instead of listening to what the vast majority of lawyers and legal scholars might say, the Fox News viewer, not known for their critical thinking skills, will latch on to someone like Dershowtiz or Joe di Genova, because they are telling the Fox News viewer what they want to here as opposed to what is reality.

[💥💥 brandon bro (he/him/his)]

What we really should do is have the DoJ be an arm of the judiciary rather than the executive

That strikes me as a terrible idea. The judiciary is there to adjudicate between parties that come before them, without having any say in what those cases are, or how they come before them. To do otherwise would compromise their impartiality.

I suggest POTUS nominate the AG,  with confirmation by the Senate, as now obtains, but the office would not be a cabinet office, but independent, in the nature of an independent commission. POTUS could remove the AG subject to confirmation by the Senate of such removal, as well.

Forgive my ignorance but how does that make AG functionally different from being a cabinet office (aside from requiring Senate permission for removal)? Is it more of a practical thing where AG isn't attending cabinet meetings or are there legal distinctions as well?

whose dershowitz

Read a book.