General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCan the Justice Department be moved under the SCOTUS?
Appeasing Trump is no guarantee that you won't be fired, Rod.
Another question: Can an outed FBI agent sue a member of Congress for endangering his or her life and the lives of his or her family?
PoliticAverse
(26,366 posts)And that's not happening.
> Can an outed FBI agent sue a member of Congress for endangering his or her life and the lives of his or her family?
See: https://en.wikipedia.org/wiki/Speech_or_Debate_Clause
FBaggins
(26,757 posts)Maybe... but it appears the the DOJ itself "outed" him... though both the Washington Post and NYTimes had to know that they were printing enough information to make it obvious.
BTW - while the DOJ-to-SCOTUS move may seem to make sense to protect them from Trump... it's an AWFUL idea overall. Every criminal case would have both the prosecutor and judge as part of the same team.
The Velveteen Ocelot
(115,829 posts)The Supreme Court is part of the judicial branch. It would be constitutionally impossible because of the separation of powers doctrine. There is also another principle that investigation and adjudication must be kept independent, which means judges can't be the bosses of prosecutors; they have to be neutral.
As to the second question, also no. In 1989 Congress passed the Westfall Act, which extended existing tort protection for executive branch officials to officers and employees of the the judicial and legislative branches. As a result of this legislative change, members of Congress were given immunity from liability for torts committed within the scope of their office.
unblock
(52,307 posts)It would be grossly contrary to the founders' intent to merge prosecutorial powers and judicial powers into the same branch of government.