Trump, Tell Sessions to Man Up or Step Down

 

Jeff Sessions has had difficulty divesting himself of his senate mentality from the very beginning. He has allowed congress and the media to bully his office; and by extension the President, into acquiescence; and contravention of the United States Constitution.

The executive branch is not an investigative service for congress. There was no need for Sessions to recuse himself from the so called Russia probe because he would have no jurisdiction over a congressional investigation.

Sessions’ self recusal implicitly authorized his deputy to appoint special counsel Robert Mueller, to appease congress, even though there was no crime, or probable cause that a crime had been committed. Mueller had no clearly defined scope or parameters; and was given carte blanche to ride roughshod over Americans’ constitutional rights.

Article II of the United States Constitution vests “ALL” executive power in the President of the United States. It is absurd to even imagine that any person or agency could be attached to the executive branch without being under the jurisdiction of the president; or that congress could coopt the Department of Justice with an entity exempt from executive authority.

Similarly, courts have no authority to arbitrate personnel matters within the executive branch except as provided under Title VII. Therefore Sessions should never have entertained Leandra English’s suit. Dodd-Frank contains no provision for judicial intervention with regard to personnel matters within the executive branch so the courts lack jurisdiction to hear such cases.

There is also an appeal pending on transgender in the Military. Article I of the US Constitution empowers “congress” to raise and “regulate” land and naval forces; Article II designates the President of the United States as the Commander in Chief of the armed forces; the judicial branch has absolutely no role, expressed or implied, in the regulation or operation of the United States armed forces.

Neither the US Constitution nor The Judiciary Act of 1789 expresses or implies that any court of the United States has jurisdiction to arbitrate disputes between members of the armed forces and their Commander in Chief. The armed forces have a clearly articulated chain of command which includes the Secretary of Defense; but excludes the entire judicial branch.

Jeff Sessions needs to directly, or through his deputy, compel Mueller to show evidence that the 2016 election results were altered or corrupted; and if Mueller cannot or will not comply, his services should be immediately terminated. If congress wants to pursue an investigation into the President, his campaign, his cabinet, his family, his businesses or his associates, congress can engage Mueller; or some other agency extraneous of the executive branch.

Then Sessions needs to rebuke judiciary assertions that it has any jurisdiction over the operation or regulation of the armed forces and give notice that the executive branch will not answer any future complaints or appeals in issues over which the courts have no constitutional jurisdiction.

If Sessions cannot do this; stop being a senator and start being Attorney General of the United States, he should resign. No one, including the President, can “make America great again” by maintaining the status quo, wherein the system is not constrained by the Constitution; because in such an environment there can be no justice.

 

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