I agree with these paragraphs of David B. Rivkin Jr. and Elizabeth Price Foley’s Wall Street Journal op-ed:
America’s experience with special prosecutors, independent counsels and special counsels has left a trail of partisan-fueled destruction. These investigations are inherently harmful to national unity and a stain on the constitutional fabric. The only way to restore the separation of powers and prevent further damage is to ensure that Congress cannot outsource any aspect of its impeachment powers.
Existing opinions from the Office of Legal Counsel already hold that no sitting president should be indicted or criminally prosecuted, because such actions would debilitate the presidency. The same is true of criminal or counterintelligence investigations. Thus the OLC logic should extend those opinions and conclude formally that a sitting president cannot be investigated by the executive branch.
I understand the House’s motivations in seeking to delegate its responsibilities to someone, anyone else. Its members want sinecures. Once elected to safe seats they want to serve for life, becoming rich through corrupt but legal arrangements, and the surest way to accomplish that is to do nothing for which anyone can blame them which is to say do nothing.
Appearances notwithstanding that is not our form of government and with a responsible press and engaged electorate such plans would be unworkable. But what we have now reflects the present press and a chronically disengaged electorate.
There are Constitutional lawyers who believe that the entire US regulatory system is unconstitutional, because it transfers Congress’s legislative power to Executive agencies. Of course, that transference gives the members of Congress deniability whenever citizens complain about regulatory over-reach.
In the long run, letting Executive agencies make laws is a bigger problem that Special Counsels, which are also unconstitutional.
I dont think we are capable of having an independent counsel who won’t be attacked on a partisan basis.
Steve