FBI Director is not a check on Executive Power


KrisAnne Hall via facebook

From #CNN:

Former director of National Intelligence, James Clapper, asserts that Trump’s firing of Comey is a threat to our “democracy.” Clapper says it is a threat to the “checks and balances” for the president to be able to fire the director of the FBI.

Facts:

1.  The FBI is an executive agency.

2.  The director of the FBI, as a director of an executive agency, works for the president. 

3.  To assert that the FBI should or even could check the executive agency is pure ignorance and is completely ridiculous. 

As an executive agency, the FBI is under the direct control of the president.  

All executive authority arises under Article 2.  One obligation of the president, as delegated in Article 2 section 3 states, “…he shall take Care that the Laws be faithfully executed…”

It is the duty of the president to ensure that the executive agency is operating under the law and in compliance with the Constitution.

James Comey refused to enforce the law by refusing to prosecute Hillary Clinton for her direct and clear violations of federal law.  Comey also lied under oath, more than once.  

Congress should have impeached Comey before Trump took office. Once again, the failure of Congress to do its duty has forced the executive branch to act.   

The FBI is not a check and balance on the executive agency, it is part of the executive agency.  For the FBI to be a check on the executive it would have to not only be outside the authority of the executive, it would have to be above the authority of the executive.  The authority of the FBI (albeit unconstitutional) arises from the authority of executive; it cannot be outside it or above it.

To make the FBI a check on the executive agency establishes that the FBI is operating under its own independent authority.  Americans did not elect anyone to the FBI, nor do Americans have direct representative control over the FBI. If the FBI is an independent agency as Clapper asserts, elected by no one, who then watches the watchers?  

Come on #CNN, you claim to be “America’s most trusted news source,” where are the REAL experts? 

Come on Congressmen, stop lying to the people and start doing your job. 

#GOP #SpeakerRyan #JamesClapper #Constitution #LibertyFirst 

http://www.KrisAnneHall.com

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