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this post was submitted on 28 Aug 2023
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politics
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This really goes to show the precariousness of the system...the Justice Department theoretically controlled by the President is investigating someone running against him. One more reason Biden is showing himself as up for the job, this takes some tact.
But I don't know what the alternative system is. If the Justice Dept is fully independent (like, another branch of government) then it prevents the conflict of interest to some extent but you can still get Supreme Court style ideological takeover that could be biased or accused of bias. In some states the AG is a stepping stone to higher office, certainly the AG could run for President and there would still be a conflict.
There's a constitutional reason the justice department falls under the president. It is a function of the executive branch, from Article 2, Section 3 of the Constitution: "...shall take care that the laws be faithfully executed...". The DoJ is the enforcement arm of the executive branch.
I mean yes? The question is should the President comment on those functions.