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Alethia Merritt

(147 posts)
Mon May 21, 2018, 10:06 PM May 2018

Can the Justice Department be moved under the SCOTUS?

Appeasing Trump is no guarantee that you won't be fired, Rod.

Another question: Can an outed FBI agent sue a member of Congress for endangering his or her life and the lives of his or her family?

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Can the Justice Department be moved under the SCOTUS? (Original Post) Alethia Merritt May 2018 OP
Sure, you'd need a constitutional amendment to move it from the executive branch. PoliticAverse May 2018 #1
Not without amending the Constitution FBaggins May 2018 #2
No. The DoJ is part of the executive branch. The Velveteen Ocelot May 2018 #3
The doj functions fit squarely and unambiguously in the executive branch unblock May 2018 #4

PoliticAverse

(26,366 posts)
1. Sure, you'd need a constitutional amendment to move it from the executive branch.
Mon May 21, 2018, 10:11 PM
May 2018

And that's not happening.

> Can an outed FBI agent sue a member of Congress for endangering his or her life and the lives of his or her family?

and for any Speech or Debate in either House, they shall not be questioned in any other Place.

See: https://en.wikipedia.org/wiki/Speech_or_Debate_Clause

FBaggins

(26,696 posts)
2. Not without amending the Constitution
Mon May 21, 2018, 10:11 PM
May 2018
Can an outed FBI agent sue a member of Congress for endangering his or her life and the lives of his or her family?

Maybe... but it appears the the DOJ itself "outed" him... though both the Washington Post and NYTimes had to know that they were printing enough information to make it obvious.

BTW - while the DOJ-to-SCOTUS move may seem to make sense to protect them from Trump... it's an AWFUL idea overall. Every criminal case would have both the prosecutor and judge as part of the same team.

The Velveteen Ocelot

(115,279 posts)
3. No. The DoJ is part of the executive branch.
Mon May 21, 2018, 10:13 PM
May 2018

The Supreme Court is part of the judicial branch. It would be constitutionally impossible because of the separation of powers doctrine. There is also another principle that investigation and adjudication must be kept independent, which means judges can't be the bosses of prosecutors; they have to be neutral.

As to the second question, also no. In 1989 Congress passed the Westfall Act, which extended existing tort protection for executive branch officials to “officers and employees” of the “the judicial and legislative branches.” As a result of this legislative change, members of Congress were given immunity from liability for torts committed within the scope of their office.

unblock

(51,974 posts)
4. The doj functions fit squarely and unambiguously in the executive branch
Mon May 21, 2018, 10:38 PM
May 2018

It would be grossly contrary to the founders' intent to merge prosecutorial powers and judicial powers into the same branch of government.

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