Don’t Bother, Mr. Spitzer …

December 20, 2007 on 9:59 pm | In Main, National |

eliot.jpgIn the wake of the news yesterday that new U.S. Attorney General Michael Mukasey will move to halt the politicization of the Justice Department, I have a modest proposal.

Since the pursuit of justice is far more important than whether the president is personally comfortable with the chief law enforcement officer, maybe the attorney general’s post should not be considered a political appointment.

Wouldn’t it be great if the AG was an elected position? It wouldn’t be a perfect solution to the Alberto Gonzalezes of this world either. But it would give the justice department a measure of independence from the White House that would be healthy for democracy. Besides, we might even save some money and grief from not having to endure all those agenda-driven special prosecutors.

I don’t know whether it would require a simple act of Congress or an amendment to the Constitution, but it would be well worth pursuing. Both Dem and GOP administrations have have politicized the Justice Department from time to time (but especially GWB’s).

My proposal would make the AG the only public official who would have to run for national office (after the prez and VP). I have in mind a few good people for the position and … hint … the list does not include Ethical Eliot.

4 Comments »

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  1. A national district attorney. Wow. I wonder if Mike Nifong would throw his hat in the ring.

    Comment by Jake — December 20, 2007 #

  2. Yah, I know, the elected method also gave us Dubya. As I said, it’s not a perfect solution. But whoever we get couldn’t be any worse than what we had with Gonzo, Reno and Meese. Besides, Nifong has been disbarred, jailed for contempt and is being sued by the parents of the Duke lax players. He will never get a job again, thank God. Where is Alberto now?

    Comment by Terry — December 20, 2007 #

  3. Terry, I am not a constitutional scholar (though I was a speech writer for Sen. Proxmire in a previous life), but I see a fundamental question with your proposal. If the AG is separately elected nationally, wouldn’t that office effectively become a 4th branch of the govt? A branch in charge of the ATF, DEA, and FBI. The AG is not just in charge of prosecution; there is the military angle.

    Comment by Peter Halle — December 21, 2007 #

  4. Peter,

    Did you ever write one of Proxy’s Golden Fleece speeches? Some of them were dandies., as I recall.

    I believe you are correct. It would require a 4th branch, although the departments you mentioned could be put under the command of other sectors of the exec branch.

    Still, making the AG elected would probably require altering the Constitution, which would probably be impossible to do now, no matter what the cause. So I guess my proposal would be a good topic for a moot debate. Thanks for noticing.

    Comment by Terry — December 21, 2007 #

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