David Kirkpatrick

February 7, 2008

Department of Justice uber alles?

Filed under: Politics — Tags: , , , — David Kirkpatrick @ 7:11 pm

Attorney General Michael Mukasey provided some amazing legal machinations before Congress today. He essentially declared that the Department of Justice determines US law.

From the linked TPM Muckraker post:

Mukasey wanted to say it more carefully. “I think what I said was that we could not investigate or prosecute somebody for acting in reliance on a Justice Department opinion.”

So a Justice opinion, even if wrong and in direct violation of law, provides immunity from prosecution by the DoJ. Just wow, and more than a bit tautological.

This is damn close to saying the DoJ is the final arbiter of US law. I think the Supreme Court might have something to say on the subject.

(For more information on TPM Muckraker and their now special relationship with the DoJ, check out this post and extensive comments.)