.steve_vladeck: There was no universe in which a search of Mar-a-Lago was not going to ignite a firestorm on the right.
against a potential opponent of President Joe Biden’s in the 2024 election.
Garland is, to a large degree, caught on the horns of a dilemma. On one hand, he may genuinely believe that Trump was engaged in egregiously unlawful behavior, or that, at the very least, Trump’s continued possession of the materials seized in the search posed an ongoing risk to the national security of the United States. Either way, adherence to the rule of law would have militated in favor of what eventually transpired.
The First Congress’ brief reference to the attorney general was also deliberately vague about where in the government that officer would sit. Weeks earlier, when the legislature had created the “great departments” of Foreign Affairs , the Treasury, and War , it was clear that these were executive departments, and that their heads — “secretaries” — were to be appointed by, and directly answerable to, the president.
The passive voice was deliberate. The judiciary bill that had initially passed the Senate earlier that summer would have given the power to choose the attorney general to the Supreme Court — reflecting the drafters’ view that the role’s principal responsibility was to the justices, not the president. The House decided to muddle the language, with some members suggesting that the ambiguity would allow President George Washington to name an attorney general himself.
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