Does the president have control over the Department of Justice?

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The Department of Justice is part of the executive branch and is headed by a presidential appointee, currently Merrick Garland.

The Department of Justice has indicted former President Trump on dozens of counts of mishandling classified documents. The indictment has renewed protests from GOP lawmakers and allies of the former president, accusing the Department of Justice and the Biden Administration of so-called weaponizing federal agencies.

"If you asked me, I would say that it's improper," said Bruce Green, Louis Stein Chair of Law at Fordham Law School."But there are some people who have the view, and it's not a far-fetched view, that the president is the chief executive and all power derives from the president.President Biden has largely refused to comment on the proceedings and repeatedly distanced himself from the department.

As Green explained,"During the Nixon administration, it appeared that President Nixon was misusing the, you know, the FBI and the Justice Department. And after that, when President Ford was elected and he was appointed as the pick to be attorney general, the Justice Department adopted policies that have been continued pretty much since then."He also noted that breaking these rules is not a criminal offense:"They're internal policies.

 

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