Der er flere aspekter ved FBIs fyrede direktør James Comeys vidneudsagn foran Senatet, som mangler at blive omtalt i dansk presse. Et af dem er misforståelsen af magtens deling i USA. Præsidenten har retten til at fyre FBIs direktør, også selv om FBI er i færd med at efterforske præsidenten selv eller hans medarbejdere. Og det er en juridisk uskik udi det kafkaske, at indlede en efterforskning uden at have defineret hvilken lov, der skulle være brudt. Allan Derschowitz forklarer i Fox
Comey confirmed that under our Constitution, the president has the authority to direct the FBI to stop investigating any individual. I paraphrase, because the transcript is not yet available: the president can, in theory, decide who to investigate, who to stop investigating, who to prosecute and who not to prosecute. The president is the head of the unified executive branch of government, and the Justice Department and the FBI work under him and he may order them to do what he wishes.
As a matter of law, Comey is 100 percent correct. As I have long argued, and as Comey confirmed in his written statement, our history shows that many presidents—from Adams to Jefferson, to Lincoln, to Roosevelt, to Kennedy, to Bush 1, and to Obama – have directed the Justice Department with regard to ongoing investigations. The history is clear, the precedents are clear, the constitutional structure is clear, and common sense is clear.
Yet virtually every Democratic pundit, in their haste to “get” President Trump, has willfully ignored these realities. In doing so they have endangered our civil liberties and constitutional rights.
I think it is important to put to rest the notion that there was anything criminal about the president exercising his constitutional power to fire Comey and to request – “hope” – that he let go the investigation of General Flynn. Just as the president would have had the constitutional power to pardon Flynn and thus end the criminal investigation of him, he certainly had the authority to request the director of the FBI to end his investigation of Flynn.
Og den logik har det været op ad bakke at forklare CNNs værter, medkommentatorer og residerende eksperter, de seneste måneder.
Drokles blogger på www.monokultur.dk