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Anyone have any ideas on a better way to handle these situations instead of a SC?
originally posted by: DigginFoTroof
Other extremely powerful positions, (unelected as well) are director's of the CIA, FBI, NSA (NRO maybe) and other government agencies. I guess this falls to the power of the president to appoint/fire people in these positions, but if there is a council investigating the Pres,it really makes it difficult for the Pres to do as he wants with regards to those positions b/c it can seem as if he is interfering even if that is not his intention at all.
I would rather hear it from the horses mouth
What's the meaning of the phrase 'Straight from the horse's mouth'?
From the highest authority.
What's the origin of the phrase 'Straight from the horse's mouth'?
In horse racing circles tips on which horse is a likely winner circulate amongst punters. The most trusted authorities are considered to be those in closest touch with the recent form of the horse, that is, stable lads, trainers etc. The notional 'from the horse's mouth' is supposed to indicate one step better than even that inner circle, that is, the horse itself.
Describe for me the constitutional place, if you will, of the independent counsel. The founding fathers provided for an executive branch, headed by the president, and for a legislative branch and for a judicial branch, but I haven't seen any mention in the Constitution of something called a special prosecutor or an independent counsel. So where does it fit in?
Well, it fits into our concept of checks and balances. And Madison, for instance, one of the founders for the Constitution and our Bill of Rights said something very interesting that has lasted through time. He said, "If men were angels, we wouldn't need government or checks and balances, but we're not angels." And he really supported certain discrete types of institutions that are born from time to time to carry out the concept of keeping government honest. The concept of an independent counsel, specially recommended by the Attorney General and appointed by a court, became necessary in the history of our country when it became clear that a president like Richard Nixon, being investigated by a special prosecutor, had the power to fire that special prosecutor, not on any cause or merit, but because that special prosecutor was getting close to home in proving the president's guilt.
And it occurred to us in Congress - I was chief counsel of the Senate Watergate Committee - that there is something wrong with that system, that we could never continue... to give the power to fire the prosecutor to the president, particularly when he is being investigated.
And we came up with this auxiliary procedure that Madison spoke about, a specially appointed independent counsel, recommended by the Attorney General and appointed by the court. The issue of constitutionality, as to whether that could fit within our Constitution, came up before the Supreme Court in the Morrison case. There, the Supreme Court upheld the constitutionality of this statute on the ground that it didn't take away from the executive branch the essential power of prosecution, since it gave to the Attorney General two important powers: the power to determine that there is need for such an independent counsel, and ultimately the power to fire the independent counsel for cause. Therefore, this was a perfectly valid constitutional officer.