Zelandakh, on 2019-May-02, 12:50, said:
it is worse than this Winston. Under the new DoJ direction the POTUS can literally kill anyone on 5th Avenue, providing they can obstruct the resulting investigation enough to avoid the case being declared a murder (as opposed to self-defence or the like) since there is no OoJ without an underlying crime, and it is only an underlying crime if a case can be brought beyond a reasonable doubt. Americans have to wake up and think through the full implications of the line Barr is pushing.
Although I am not a lawyer, my reading leads me to see a pattern that originalists (in their many forms) tend to be authoritarian types. What I can't understand is how they assimilate two parts of Article II into a coherent argument for their unitary executive position: that the (Art. II, Sect: I) power of the executive is vested in the president but (Art.II, Sect: III) states that the president's duties include "to make sure that the laws are faithfully executed".
But placing this "take care" clause in the Article pertaining to the president, it seems to me that the framers meant to create a clear delineation between the chief executive and the law. If the Barr theory is used, instead, it would mean that a president could lawfully stop any federal investigation, placing him and his allies unaccountable to law, and thus invalidating the need for the "take care" clause, as, in essence, the chief executive would become "the law".
Without laws to which even the chief executive must adhere, the "take care" clause is meaningless.