White House Lawyers' Draft Memos Detail Limits on Presidential Power Against Rivals

ICARO Media Group
Politics
21/09/2024 18h28

Draft memos written by White House lawyers in the spring of 2018 shed light on the extent of a president's authority to pursue investigations into rivals while staying within legal and constitutional boundaries. The memos were crafted in response to President Donald J. Trump's calls for inquiries into adversaries and were reviewed by Michael S. Schmidt while working on his book "Donald Trump v. the United States".

One memo outlined that the President may direct the Attorney General to explain why a prosecution or investigation is not being pursued and can instruct on how laws should be executed while also having the power to dismiss the Attorney General if deemed necessary. However, the President does not hold the authority to initiate investigations independently or direct another official to do so in place of the Attorney General. The memo stressed the importance of upholding constitutional norms and avoiding political interference in law enforcement decision-making.

Another key point from the draft memos highlighted the President's inherent authority to guide and supervise executive branch officials in interpreting and implementing laws. Citing legal precedents, the memos emphasized that while the President can provide instructions on executing statutory duties, including oversight of criminal prosecutions, the ultimate decision-making power rests with the Attorney General. The memos also cautioned against undue political influence in law enforcement matters, underscoring a strong constitutional norm established post-Watergate.

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